House Bill 385

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, water and/or sewer districts that petition 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 regular mail to all property owners located in such area, as reflected on the tax rolls of the county or counties at the time of filing the petition, at the address listed on the tax rolls of the county or counties within such area, and to public improvement districts and other public entities located in such area. Such notice shall give the property owners and the 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, 2004.