House Bill 1458

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 51-11-105, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MONIES IN THE LOWER PEARL RIVER RESTORATION FUND TO BE UTILIZED TO HIRE AN ADMINISTRATOR OR APPOINT THE COUNTY ADMINISTRATOR FOR THE FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 51-11-105, Mississippi Code of 1972, is amended as follows:

51-11-105. The following provisions related to the Lower Pearl River Restoration Project ("project") are contingent upon the development of an agreement, or an amendment to the existing agreement, between the United States Army, Corps of Engineers ("USACOE"), the Mississippi Department of Environmental Quality ("MDEQ"), the Department of Wildlife, Fisheries and Parks ("DWFP") and the district, removing the district from the agreement, and possibly adding a new cooperating partner or partners and possibly removing the MDEQ and/or the DWFP from the agreement.

From and after July 1, 2018, the project, currently being managed as a joint effort of the USACOE, the MDEQ, the DWFP, and the district, shall continue as per existing agreements, which may be amended to reflect the dissolution of the district and its removal from those agreements. The obligations of the district under the current agreements for the project may be assumed by the MDEQ, or other entity, as the designated state entity for the continuing obligation of maintenance of the water control structures as set forth in the original agreements. The parties to the agreement may identify necessary maintenance activities needed to preserve the integrity of project structures and other ordinary maintenance activities, including hiring an administrator or appointing the county administrator for the Lower Pearl Restoration Trust Fund as prescribed in this section, as the parties may agree need to be performed. Funding to perform those maintenance activities shall come from the Lower Pearl trust account currently on deposit with a depository or depositories in the name of the Pearl River Basin Development District, which funds are a special fund set aside solely for the operation and maintenance of the project. From and after July 1, 2018, the parties to the agreement, may assume ownership, in trust, of those funds, and the funds shall be known as the "Lower Pearl River Restoration Trust Fund." Monies from this fund shall be a special fund set aside for the purpose(s) (a) set forth in the amended or reformed agreement between the parties and (b) to hire an administrator or appoint the county administrator of the fund and shall not lapse into the State General Fund, and may not be expended for any purpose other than operation and maintenance activities under the purview of the project.

SECTION 2. This section shall stand repealed from and after its passage.