MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare
By: Senator(s) Carter
AN ACT TO ENACT THE MISSISSIPPI WATER QUALITY ACCOUNTABILITY ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Definitions. (1) This section shall be known and may be cited as the "Mississippi Water Quality Accountability Act."
(2) For the purposes of this section, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:
(a) "Commission" means the Mississippi Public Service Commission.
(b) "Critical valves" means those valves that are identified as critical per a water purveyor's definition, which shall include valves that are:
(i) Sixteen inches (16") and larger;
(ii) Located at hospitals, dialysis centers or nursing homes;
(iii) Located at certain water treatment plants or at emergency interconnections with purveyors; or
(iv) Regulator or relief control valves.
Additional critical valves may be defined by each water purveyor in cooperation with the Public Service Commission to ensure localized customization and cost control.
(c) "Department" means the Mississippi Department of Environmental Quality.
(d) "Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals a day on at least sixty (60) days out of the year. Such term includes:
(i) Any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and
(ii) Any collection or pre-treatment storage facilities not under such control which are used primarily in connection with such system.
(e) "Public community water system" means a public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.
(f) "Water purveyor" means any person that owns a public water system.
(g) "Asset management plan" means a plan that is filed with the commission and the department that contains the following:
(i) A water main renewal program designed to achieve a one-hundred-fifty-year replacement cycle, or other appropriate replacement cycle as determined by a detailed engineering analysis of the asset condition and estimated service lives of the water mains serving the public water system;
(ii) A water supply and treatment program designed to inspect, maintain, repair, renew and upgrade wells, intakes, pumps and treatment facilities in accordance with all federal and state regulations, standards established by the American Water Works Association and any mitigation plan required pursuant to Section 5 of this act; and
(iii) Any other programs, plans or provisions as may be required by the Department pursuant to rules and regulations adopted pursuant to the Mississippi Administrative Procedures Act, Section 2-43-1.10 et seq.
SECTION 2. Inspections; testing by water purveyor. (1) Each water purveyor in this state shall inspect each critical valve in its public water system in accordance with the provisions of subsection (2) of this section in order to determine the accessibility of the valve for operational purposes and the valve's operating condition. A water purveyor shall repair or replace any valve found to be broken or otherwise not operational.
(2) Each water purveyor shall inspect each critical valve that is defined according to its own standards, developed in cooperation with the commission, at a frequency defined by the water purveyor and agreed to by the commission. At a minimum, each valve inspection conducted pursuant to this subsection shall include:
(a) Clearing of the area around the valve to ensure full access to the valve for operating purposes;
(b) Cleaning out of the valve box;
(c) Dynamic testing of the valve, by opening and then closing the valve for either of the following number of turns:
(i) The number of turns recommended by the valve manufacturer to constitute a credible test; or
(ii) The number of turns which constitute fifteen percent (15%) of the total number of turns necessary to completely open or completely close the valve; and
(d) complying with any other criteria as may be required by the Department pursuant to rules and regulations adopted pursuant to the Mississippi Administrative Procedures Act, Section 2-43-1.10 et seq.
(3) Each water purveyor shall, at least once a year, inspect the fire hydrants in its system to ensure operability unless more frequent inspections are required by local ordinance.
(4) Each water purveyor shall formulate and implement a plan for flushing fire hydrants and dead ends, as needed, with the intent to maintain adequate water quality levels.
(5) Each water purveyor's fire hydrants, regardless of whether owned solely or jointly shall be recorded in a database accessible to regulators. The database shall contain the characteristics of the hydrant as well as distinguishing identification.
(6) Each water purveyor shall identify, to the extent possible, the geographic location of each valve and fire hydrant in its public water system using a global positioning system based on satellite or other location technology.
SECTION 3. Development of cybersecurity system; exemptions. Within one hundred twenty (120) days after the effective date of this act, each water purveyor shall develop a cybersecurity program, in accordance with requirements established by the commission, that defines and implements organization accountability and responsibility for cyber risk management activities, and establishes policies, plans, processes and procedures for identifying and mitigating cyber risk to its public water system. As part of the program, a water purveyor shall conduct risk assessments and implement appropriate controls to mitigate identified risks to the public water system, maintain situational awareness of cyber threats and vulnerabilities to the public water system and create and exercise incident response and recovery plans. A copy of the program developed pursuant to this subsection shall be provided to the commission.
SECTION 4. Violations; mitigation. In addition to any other requirements in law, or any rule or regulation adopted pursuant thereto, whenever a water purveyor is issued three notices of violation for any reason or two notices of violation related to an exceedance of a maximum contaminant level within any twelve-month period, the water purveyor, within sixty (60) days after receipt of the third or second notice, as applicable, shall submit to the Department a mitigation plan specifying whether the notice of violation will be addressed through operational changes or require a capital expenditure and providing a schedule for implementation of the mitigation plan. The mitigation plan shall include a report prepared by the licensed operator of the public water system and a professional licensed engineer that includes a technical analysis of the notices of violation and an explanation of how the mitigation plan submitted pursuant to this section is intended to prevent a recurrence of the issue that resulted in the notice of violation. Any capital expenditures required pursuant to this section shall be incorporated into the asset management plan required pursuant to Section 7 of this act.
SECTION 5. Additional certifications and notifications. (1) In addition to any other certifications required pursuant to law, rule or regulation, the responsible corporate officer of the public water system, if privately held, executive director, if an authority, or mayor or chief executive officer of the municipality, if municipally owned, as applicable, shall be required to certify in writing each year to the department and, if applicable, the commission, that the water purveyor complies with:
(a) All federal and state drinking water regulations, including water quality sampling, testing and reporting requirements;
(b) The hydrant and valve requirements set forth in Section 3 of this act;
(c) The notice of violation mitigation plan requirements set forth in Section 5 of this act, if applicable; and
(d) The infrastructure improvement investment required pursuant to Section 7 of this act.
This certification is a public document that shall be made available upon request.
(2) Each year the utility shall inform their customers of compliance with this act with an annual report, which can be incorporated into any other required annual reporting.
SECTION 6. Asset management plan; reporting. (1) Beginning no later than eighteen (18) months after the effective date of this act, every water purveyor shall implement an asset management plan designed to inspect, maintain, repair and renew its infrastructure consistent with standards established by the American Water Works Association.
(2) Each water purveyor shall dedicate funds on an annual basis to address and remediate the highest priority projects as determined by its asset management plan.
(3) All asset management plans and system condition reports shall be certified to by the licensed operator or professional engineer of the public water system and the responsible corporate officer of the public water system, if privately held, executive director, if an authority, or mayor or chief executive officer of the municipality, if municipally owned, as applicable. The replacement cycle shall be determined by dividing the miles of water main located in the public water system by one hundred fifty (150), or by other appropriate demonstration set forth in the certified asset management plan prepared pursuant to this section.
(4) Every year each water purveyor shall provide to the department and the commission an annual report based on its asset management plan identifying the infrastructure improvements to be undertaken in the coming year and the cost of those improvements, as well as identifying the infrastructure improvements completed in the past year and the cost of those improvements.
(5) The department and the commission shall create a centralized portal allowing for electronic submittal of the annual report; provided, however, that any lack of a centralized portal pursuant to this subsection shall not negate the requirement for a water purveyor to submit an annual report.
SECTION 7. Effects on public funding. Each water purveyor to which or for the benefit of any public subsidized loan or other public financial assistance is provided shall demonstrate that it has developed or is actively developing an asset management program as defined in Section 1 of this act and a cybersecurity plan as described in Section 3 of this act.
SECTION 8. Enforcement. For a water system or wastewater system operator as specified under Section 1 of this act, the department shall issue an order, enter into a consent decree, assess a civil penalty or take any other action deemed necessary by the Department to enforce compliance with this section.
SECTION 9. Acquisition safe harbor. A water purveyor shall not be required to bring a newly-acquired water system into compliance with the provision of this act for a period of thirty-six months following the acquisition of such water system.
SECTION 10. Sections 1 through 9 of this act shall be codified as a new chapter in Title 51, Mississippi Code of 1972.
SECTION 11. This act shall take effect and be in force from and after July 1, 2023.