House Bill 1801

(As Sent to Governor)

AN ACT TO AUTHORIZE THE TOWN OF BEAUMONT, MISSISSIPPI, TO OPERATE ITS NATURAL GAS DISTRIBUTION SYSTEM WITHIN CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF THE TOWN OF BEAUMONT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) Notwithstanding any provisions of Section 21-27-39, Mississippi Code of 1972, to the contrary, the governing authorities of the Town of Beaumont in Perry County, Mississippi, in their discretion, may construct, expand, operate and maintain the natural gas distribution system of the Town of Beaumont within any area described in paragraph (b) of this subsection (1), which is not certified to another natural gas utility for such service, or if certificated, upon obtaining a release from that utility and a Certificate of Public Convenience and Necessity from the Public Service Commission. Whenever such natural gas utility service is furnished to any consumer residing outside the corporate limits of the Town of Beaumont, the consumer may not be charged at a rate greater than twice the rate charged for the same service within the corporate limits of the Town of Beaumont.

(b) The areas within which the Town of Beaumont may construct, expand, operate and maintain its natural gas system pursuant to paragraph (a) of this subsection (1) are described as follows:

Area No. 1:

Perry County, Mississippi, Township 4 North, Range 10 West, Sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36.

Area No. 2:

Perry County, Mississippi, Township 4 North, Range 9 West, Sections 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36.

Area No. 3:

Perry County, Mississippi, Township 3 North, Range 9 West, all 36 sections.

Area No. 4:

Perry County, Mississippi, Township 3 North, Range 10 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24 and 25.

All of Sections 26, 27 and 36 lying North and East of the South and West boundary of Highway 98, being otherwise described as Sections 26, 27 and 36, less and except all land lying and being situated South and West of the South and West boundary of Highway 98.

Section 21: SE 1/4 of SE 1/4

NE 1/4 of SE 1/4

Section 28: NE 1/4 of NE 1/4

SE 1/4 of NE 1/4

Area No. 5:

Perry County, Mississippi, Township 2 North, Range 9 West, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36.

Area No. 6:

Perry County, Mississippi, Township 1 North, Range 9 West, Sections 1, 2, 11 and 12.

(2) The authority conferred by this act shall not be construed as an exemption from the provisions of Section 77-3-1 et seq., Mississippi Code of 1972. The Town of Beaumont shall be required to obtain from the Public Service Commission a Certificate of Public Convenience and Necessity, obtain approval of all rates and charges for providing natural gas service to those areas which are more than one (1) mile outside its corporate boundaries, and shall be otherwise subject to the jurisdiction of the Public Service Commission as authorized by applicable law.

(3) The governing authorities of the Town of Beaumont shall make a reasonable effort to provide natural gas service to each consumer within the distribution system who requests such service. For the purpose of this subsection, the term "distribution system" means all areas that are described in subsection (1)(b) of this section.

(4) The governing authorities of the Town of Beaumont shall have a financial report on the natural gas distribution system filed annually with the State Auditor for his review. The audited financial statements shall be maintained in the office of the system for public inspection and shall be made available to the public during normal business hours.

SECTION 2. This act shall take effect and be in force from and after its passage.