MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Ways and Means
By: Representatives Yates, Gibbs (72nd), Holloway, Crudup, Summers, Foster, Clarke, Brown (70th), Banks, Bell (65th)
AN ACT TO PROVIDE THAT THE DEPARTMENT OF FINANCE AND ADMINISTRATION SHALL DEVELOP A COMPREHENSIVE PLAN FOR IMPROVEMENTS TO THE CITY OF JACKSON'S WATER AND SEWER SYSTEMS IN CONSULTATION WITH THE CAPITAL CITY WATER/SEWER PROJECTS ADVISORY COMMITTEE; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO EMPLOY PERSONS NECESSARY FOR THE PROPER SUPERVISION AND ADMINISTRATION OF IMPROVEMENT PROJECTS FUNDED UNDER THIS ACT; TO CREATE THE CAPITAL CITY WATER/SEWER PROJECTS ADVISORY COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP; TO CREATE THE CAPITAL CITY WATER/SEWER PROJECTS FUND AS A SPECIAL FUND IN THE STATE TREASURY AND TO PROVIDE FOR THE USE OF MONIES IN THE FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) (a) The Department of Finance and Administration shall develop and adopt a comprehensive plan for projects in consultation with the Capital City Water/Sewer Projects Oversight Committee. Projects shall be coordinated with the City of Jackson, Mississippi, to the greatest extent possible. Projects undertaken under this section shall comport with the comprehensive plan and shall not be subject to approvals, permits or fees assessed by the City of Jackson. The plan may be updated at any time and shall be completely updated every five (5) years. For the purposes of this section, "projects" means construction, reconstruction, repairs, upgrades and improvements to the City of Jackson's water and sewer systems and related facilities.
(b) The Department of Finance and Administration shall implement, supervise and administer projects paid for with funds from the Capital City Water/Sewer Projects Fund, and may accept funds and services from other sources to use for the purposes provided in this section.
(c) Subject to the limitation on funds provided for in subsection (2) of this section, the Department of Finance and Administration may employ persons necessary for the proper implementation, supervision and administration of projects funded, in whole or in part, by funds from the Capital City Water/Sewer Projects Fund.
(d) The Department of Finance and Administration shall post the comprehensive plan and any updates on its website as well as an annual status report of all projects funded under this section.
(2) (a) There is created in the State Treasury a special fund, to be designated as the "Capital City Water/Sewer Projects Fund", which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. However, any unexpended amounts remaining in the fund on January 1, 2027, shall lapse into the State General Fund.
(b) Except as otherwise provided in this paragraph (b), monies in the fund shall be used by the Department of Finance and Administration, upon appropriation by the Legislature, for projects in accordance with the comprehensive plan described in subsection (1) of this section. In addition to fully funding projects, monies in the fund may be used to fund a portion of a project in cases in which other funds are available for a project and may be used as leverage or matching funds for projects that comport with the comprehensive plan. An amount not to exceed five percent (5%) of the monies deposited into the fund may be used, upon appropriation by the Legislature, to reimburse the Department of Finance and Administration for costs incurred for purposes described in subsection (1)(c) of this section, services and other expenses the department incurs in performing its duties under this section.
(3) (a) There is created the Capital City Water/Sewer Projects Advisory Committee composed of the following nine (9) members:
(i) The Mayor of the City of Jackson or his or her designee;
(ii) One (1) member appointed by the City Council of the City of Jackson with an initial term of one (1) year and subsequent regular terms of four (4) years;
(iii) Two (2) members appointed by the Governor, one (1) for an initial term of two (2) years and one (1) for an initial term of four (4) years, both with subsequent regular terms of four (4) years;
(iv) One (1) member appointed by the Lieutenant Governor for an initial term of four (4) years and subsequent regular terms of four (4) years;
(v) One (1) member appointed by the Speaker of the House of Representatives for an initial term of two (2) years and subsequent regular terms of four (4) years;
(vi) The Executive Director of the Mississippi Department of Environmental Quality;
(vii) The State Health Officer; and
(viii) The Director of the City of Jackson Department of Public Works or his or her designee.
The member appointed under subparagraph (ii) of this paragraph (a) shall be a resident of the City of Jackson in Hinds County.
(b) Members appointed to the committee shall not also serve as members of the commission established by the City of Jackson pursuant to Section 27-65-241. Appointed members shall serve without compensation at the will and pleasure of the appointing authority.
(c) The committee shall elect a chairman and such other officers as it considers necessary from among its members.
(d) A majority of the members of the committee shall constitute a quorum for the conduct of meetings and all actions of the committee shall be by a majority vote.
(e) The committee shall consult with the Department of Finance and Administration and advise the department in the development of comprehensive plans for projects and any changes to such plans.
(f) The committee shall meet, subject to call by the Executive Director of the Department of Finance and Administration, at least quarterly to conduct business.
(g) The committee shall be dissolved on January 1, 2027.
(4) The Department of Finance and Administration shall make commercially reasonable efforts to place out for bid, such that Mississippi contractors and Mississippi Disadvantaged Business Enterprises ("DBEs") shall have an equal opportunity to respond to such bid, any contract by the department which (a) is subject to tax pursuant to Section 27-65-21 (i.e., contracts for constructing, building, erecting, grading, excavating, etc.), and (b) will be paid, or payment thereunder by the department will be reimbursed, using any portion of the funds in the Capital City Water/Sewer Projects Fund. In carrying out such efforts, in order to increase the pool of qualified DBE bidders, the department will request that successful prime contract bidders include in their response a commitment to (a) participate in and/or host forums that highlight subcontract bidding opportunities for DBEs; and (b) work with various trade associations and the Mississippi Development Authority to promote increased participation from DBEs.
(5) This section shall stand repealed on January 1, 2027.
SECTION 2. This act shall take effect and be in force from and after its passage.