House Bill 766

(As Passed the House)

AN ACT TO AMEND SECTION 41-26-103, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER ON THE PROVISION OF LAW THAT REQUIRES THE DEPARTMENT OF HEALTH TO IDENTIFY POTENTIALLY NONVIABLE COMMUNITY PUBLIC WATER SYSTEMS AND PROVIDE NO COST TECHNICAL ASSISTANCE TO THOSE SYSTEMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-26-103, Mississippi Code of 1972, is amended as follows:

41-26-103. (1) The department shall develop annually a list of community public water systems that the department, after consultation with the Public Utilities Staff created in Section 77-2-1, considers to be potentially nonviable or experiencing other problems that may make the system potentially nonviable. The list shall state the areas of concern and shall be prioritized based upon viability considerations. The department shall notify at a minimum those systems shown in top ten (10) places on the list and shall offer to provide each of those systems with technical assistance pertaining to the areas of concern for the system at no cost to the system. If the notified community public water system refuses the offer of technical assistance at no cost to the system or fails to respond within sixty (60) days of the written offer, the department shall notify the Public Utilities Staff in writing.

(2) Following receipt of notification from the department that a community public water system has refused to accept technical assistance or failed to respond, the Public Utilities Staff may conduct a financial or managerial review, or both, of the system and shall submit a copy of any report to the department. The Public Utilities Staff may assess and collect the cost of any financial or management review, or both, from the community public water system on which the review or reviews are conducted.

(3) This section shall be repealed on July 1, 2004.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.