House Bill 660

AN ACT TO AMEND SECTION 19-31-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NOTICE MAY BE GIVEN BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN THE COUNTY OR COUNTIES OF THE PUBLIC IMPROVEMENT DISTRICT BY PUBLIC UTILITIES FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY TO ANY PERSON FOR SERVICE IN UNCERTIFICATED AREAS WITHIN PUBLIC IMPROVEMENT DISTRICT BOUNDARIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 19-31-51, Mississippi Code of 1972, is amended as follows:

19-31-51. (1) No public improvement district established under this chapter shall provide any utility service described in Section 77-3-3(d) to or for the public for compensation without first obtaining a certificate of public convenience and necessity from the Public Service Commission.

(2) Nothing contained in this section shall prohibit the Public Service Commission from issuing a certificate of public convenience and necessity to any person for service in uncertificated areas within public improvement district boundaries.

(3) Notwithstanding any law to the contrary, a public utility that petitions the Public Service Commission for a certificate of public convenience and necessity for any uncertificated area shall give written notice. Such notice may be given by publication in a newspaper of general circulation within the county or counties wherein the described district is located or by mail to all property owners, public improvement districts and other public entities located in such area and shall give such property owners and such governmental entities instructions on how they may appear before the Public Service Commission and make any objections or otherwise participate as an interested party.

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