MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Conservation and Water Resources
By: Representative Frierson, Guice, Dedeaux, Formby
AN ACT TO AMEND SECTION 49-17-703, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LEGISLATIVE INTENT OF THE LEGISLATURE IN REGARDS TO THE MISSISSIPPI GULF REGION UTILITY BOARD; TO AMEND SECTION 49-17-713, MISSISSIPPI CODE OF 1972, TO REVISE WHEN THE UTILITY BOARD MAY ENTER ONTO PUBLIC OR PRIVATE LANDS; TO AMEND SECTION 49-17-715 AND 49-17-717, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF GEORGE COUNTY UTILITY AUTHORITY AND ITS BOARD OF DIRECTORS AND TO ALLOW THE CITY OF LUCEDALE TO PARTICIPATE UNDER THIS ACT IF THE GEORGE COUNTY UTILITY AUTHORITY DISSOLVES; TO AMEND SECTIONS 49-17-721, 49-17-725, 49-17-729, 49-17-733, 49-17-737 AND 49-17-739, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN POWERS OF THE BOARD OF DIRECTORS OF PEARL RIVER COUNTY, STONE COUNTY, HARRISON COUNTY, JACKSON COUNTY, HANCOCK COUNTY AND COMMON POWERS OF ALL COUNTY AUTHORITIES SHALL BE SUBJECT TO AGREEMENT WITH AFFECTED UTILITY PROVIDERS AND REVISE THE NUMBER OF DIRECTORS ON THE STONE AND HANCOCK COUNTIES UTILITY BOARDS; TO AMEND SECTIONS 49-17-743, 49-17-745, 49-17-747, 49-17-749, 49-17-751 AND 49-17-773, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN POWERS OF CERTAIN COUNTY AUTHORITIES, RULES AND REGULATIONS RELATING TO CONSTRUCTION, OPERATION AND MAINTENANCE OF ANY WATER, WASTEWATER AND STORM WATER SYSTEMS WITHIN EACH COUNTY AUTHORITY'S SERVICE AREA, CONTRACTS BETWEEN PUBLIC AGENCIES AND COUNTY AUTHORITIES, RATES AND FEES BY PUBLIC AGENCIES FOR SERVICES PROVIDED BY COUNTY AUTHORITIES AND POWER OF COUNTY AUTHORITIES TO ISSUE BONDS SHALL BE SUBJECT TO APPROVAL AND AGREEMENT OF ALL AFFECTED UTILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 49-17-703, Mississippi Code of 1972, is amended as follows:
49-17-703. In the spirit of the report of the Governor's Commission on Recovery, Rebuilding and Renewal, the Legislature finds that there is a need for voluntary consolidation of water, wastewater and storm water services in order to reduce costs, promote resilience in the event of a disaster, improve the quality of the natural environment, and improve the planning and delivery of quality water, wastewater and storm water services within the areas of the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone. It is further declared that there is the need for the planning, acquisition, construction, maintenance, operation and coordination of water, wastewater and storm water services in order to ensure protection of the waters of the state and to ensure the delivery of water, wastewater and storm water services to citizens of the Gulf Coast Region. The creation of the Mississippi Gulf Coast Region Utility Act is determined to be necessary and essential to the accomplishment of these purposes. To facilitate the purposes of the act, the Gulf Coast Region Utility Board, the George County Utility Authority, the Hancock County Utility Authority, the Harrison County Utility Authority, the Jackson County Utility Authority, the Pearl River County Utility Authority and the Stone County Utility Authority are created herein.
SECTION 2. Section 49-17-713, Mississippi Code of 1972, is amended as follows:
49-17-713. (1) The utility board shall have the right and powers necessary to carry out the purposes of this act, including, but not limited to:
(a) Make recommendations to the county authorities pertaining to water, wastewater and storm water issues in the Gulf Coast Region;
(b) Make recommendations necessary to achieve compatibility and uniformity of systems and technology related to water, wastewater and storm water in the Gulf Coast Region;
(c) Help resolve cross-jurisdictional and multicounty disputes pertaining to water, wastewater and storm water issues between county authorities when requested by the county authorities;
(d) Recommend short-term and long-term priorities for water, wastewater and storm water related projects;
(e) Recommend emergency preparedness procedures in the Gulf Coast Region related to water, wastewater and storm water;
(f) Recommend training standards related to operations of water, wastewater and storm water systems;
(g) Sue and be sued in its own name and to enjoy all the protections, immunities and benefits provided by the Mississippi Tort Claims Act, as it may be amended from time to time;
(h) Adopt an official seal and alter the same at pleasure;
(i) Maintain office space at such place or places within the boundaries of the board as it may determine;
(j) Own or lease real or personal property;
(k) Invest money of the utility board, including proceeds from the sale of any bonds subject to any agreements with bond holders on such terms and in such manner as the utility board deems proper;
(l) Apply for, accept and utilize grants, gifts and other funds from any source for any purpose necessary in support of the purpose of this act and to coordinate the distribution of funds to the county authorities;
(m) Employ and terminate staff, including, but not limited to, attorneys, engineers and consultants as may be necessary;
(n) Enter into contracts for all operation and maintenance needs of the utility board;
(o) Enter into contracts to conduct studies of regional issues regarding water, wastewater and storm water services and to provide assistance, funds and guidance in the construction, operation and maintenance of regional water, wastewater and storm water services;
(p) Enter into contracts with any person or any public agency in furtherance of any of the purposes authorized by this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time, including a term which extends beyond the term of the then majority of the existing board members, notwithstanding any provision or rule of law to the contrary; may be upon such terms and for such consideration, nominal or otherwise, as the parties thereto shall agree; and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms. The utility board may also assume or continue any contractual or other business relationships entered into by the members of the utility board, including the rights to receive and acquire property transferred under option to purchase agreements;
(q) Contract with the authorities under any terms mutually agreed by the parties to carry out any powers, duties or responsibilities granted by this act or any other laws to the authorities;
(r) Acquire insurance for the utility board's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;
(s) Make, enforce, amend and repeal rules and regulations for the management of the utility board's business and affairs consistent with the other provisions of this act;
(t) When invited by the local county authority and the local utility provider or providers, enter onto public or private lands, waters or premises for the purposes of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the utility board, subject to responsibility for any damage done to property entered;
(u) Apply, contract for, accept, receive and administer gifts, grants, appropriations and donations of money, materials, and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, district or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, district or instrumentality shall impose;
(v) Utility board may create, maintain and regulate reservoirs and promulgate and enforce rules and regulations for the creation and maintenance of reservoirs; and
(w) Make other recommendations to carry out the purposes of this act.
(2) This section shall repeal July 1, 2009.
SECTION 3. Section 49-17-715, Mississippi Code of 1972, is amended as follows:
49-17-715. * * *
(1) If the George County Utility Authority is dissolved by January 1, 2007, the board of supervisors may reestablish the county authority by a resolution duly adopted and entered on its minutes stating the necessity for the county authority. The board shall file a certified copy of the resolution with the Secretary of State, the Public Service Commission and the utility board.
(2) If the George County Utility Authority is dissolved by January 1, 2007, the City of Lucedale may exist as a city utility authority and its governing authorities may exercise all the powers that the George County Utility Authority would have if not dissolved. The City of Lucedale, as an utility authority, may only exercise its powers with respect to the incorporated municipality and shall not extend its authority to George County.
SECTION 4. Section 49-17-717, Mississippi Code of 1972, is amended as follows:
49-17-717. (1) If the authority is created, all powers of the George County Utility Authority shall be exercised by a board of directors comprised of five (5) directors appointed as follows: Within thirty (30) days of creation of the authority, the Board of Supervisors of George County shall appoint three (3) residents from the county, and the Board of Aldermen of the City of Lucedale shall appoint two (2) residents from the city. The directors shall serve at the will and pleasure of the governing body making the appointments. Any vacancy arising by expiration of a director's term, or a vacancy created by the removal of a director for any other reason, shall be filled by appointment made by the party originally responsible for the appointment of the director vacating his or her appointment.
(2) All business of the George County Utility Authority shall be transacted as provided in Section 49-17-741, except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board and upon the approval of all affected local utility providers.
(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise subject to agreement with affected utility providers all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 5. Section 49-17-721, Mississippi Code of 1972, is amended as follows:
49-17-721. (1) All powers of the Pearl River County Utility Authority shall be exercised by a board of directors comprised of seven (7) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of Pearl River County shall appoint four (4) residents from the county, and the Board of Aldermen of the City of Picayune shall appoint two (2) residents from the city, and the Board of Aldermen of the City of Poplarville shall appoint one (1) resident from the city. The directors shall serve at the will and pleasure of the governing body making the appointments.
(2) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise, subject to agreement with affected utility providers, all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 6. Section 49-17-725, Mississippi Code of 1972, is amended as follows:
49-17-725. (1) All powers of the Stone County Utility Authority shall be exercised by a board of directors comprised of seven (7) directors appointed as follows: Within thirty (30) days of passage of this act, the Board of Supervisors of Stone County shall appoint four (4) residents from the county, any of which may be members of the board of supervisors, the Board of Aldermen of the City of Wiggins shall appoint two (2) residents from the city and the mayor or his designee. The directors shall serve at the will and pleasure of the governing body making the appointments.
(2) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise, subject to agreement with affected utility providers, all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 7. Section 49-17-729, Mississippi Code of 1972, is amended as follows:
49-17-729. (1) All powers of the Harrison County Utility Authority shall be exercised by a consolidated board consisting of the Board of Directors of the Harrison County Wastewater and Solid Waste Management District and the additional director provided under this section for a total of seven (7) directors. Upon consolidation, the Board of Supervisors of Harrison County shall appoint one (1) additional director who shall be a resident of the unincorporated area from the county. The director shall serve at the will and pleasure of the board of supervisors. The consolidated board shall consist of the mayor of each city participating in the authority and the directors appointed by the board of supervisors. Each director may appoint a delegate to represent him at a meeting of the board.
(2) All business of the Harrison County Utility Authority shall be transacted as provided in Section 49-17-741, except that all actions affecting rates, bonds or capital improvements must be by unanimous vote of all members of the board.
(3) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public, including the power and right to regulate and control solid waste within its jurisdictional boundaries.
SECTION 8. Section 49-17-733, Mississippi Code of 1972, is amended as follows:
49-17-733. (1) Upon creation of the Jackson County Utility Authority, all powers of the Jackson County Utility Authority shall be exercised by the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority.
(2) Upon consolidation of the Jackson County Utility Authority and the Mississippi Gulf Coast Wastewater Authority, the county authority shall be governed by a board consisting of seven (7) directors.
(a) The members of the Board of Directors of the Mississippi Gulf Coast Regional Wastewater Authority shall serve as Directors of the Jackson County Utility Authority at the will and pleasure of the governing body making the appointment. * * * The governing body making the appointment shall appoint a person residing within the corporate boundaries of the governing body to serve as a director and may reappoint directors as necessary.
(b) The City of Gautier shall appoint one (1) director who resides within the City of Gautier for an initial term of three (3) years.
(c) The Board of Supervisors of Jackson County shall appoint three (3) additional directors for an initial term of two (2) and four (4) years, respectively, who reside within the unincorporated area of Jackson County.
(3) (a) After expiration of the initial terms, all appointed directors shall serve a term of six (6) years.
(b) No director shall hold an elected public office.
(4) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise, subject to agreement with affected utility providers, all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 9. Section 49-17-737, Mississippi Code of 1972, is amended as follows:
49-17-737. (1) After consolidation, all powers of the Hancock County Utility Authority shall be exercised by a board consisting of the following:
(a) One (1) director appointed by the Mayor of Bay St. Louis for an initial term of two (2) years;
(b) One (1) director appointed by the Mayor of Waveland for an initial term of three (3) years;
(c) One (1) director appointed by the board of supervisors who is a resident of Hancock County * * *;
(d) One (1) director who is the Chairman of the Diamondhead Water and Sewer District;
(e) One (1) director who is the Chairman of the Kiln Fire and Water District;
(f) One (1) director who is the Chairman of the Hancock County Water and Sewer District; * * *
(g) One (1) director who is the Chairman of the Pearlington Water and Sewer District; and
(h) One (1) director who is a member of the Standard Dedeaux Association.
After expiration of the initial terms, the appointees in paragraphs (a), (b) and (c) shall be appointed to a term of four (4) years. However, the board may declare a vacancy and reappoint a director if any director is absent for three (3) consecutive meetings of the Hancock County Utility Authority.
(2) In addition to any other powers and rights conferred upon such board of directors, the board is granted and may exercise, subject to agreement with affected utility providers, all powers and rights granted pursuant to Sections 49-17-739 through 49-17-773 to promote the health, welfare and prosperity of the general public.
SECTION 10. Section 49-17-739, Mississippi Code of 1972, is amended as follows:
49-17-739. The purpose of Sections 49-17-739 through 49-17-773 is to confer certain powers, subject to agreement with affected utility providers, on the county authorities for the purpose of cooperating with federal, state and local public agencies and all local utility providers for the further development of local and regional water, wastewater and storm water services within the Gulf Coast Region. In addition to the powers over water, wastewater and storm water, the Harrison County Utility Authority is granted power over solid waste within its jurisdiction.
SECTION 11. Section 49-17-743, Mississippi Code of 1972, is amended as follows:
49-17-743. (1) From and after the passage of this act, each and every county authority shall have, subject to the approval and agreement of all local utility providers affected by their actions, in addition to any other powers granted under any other provision of law, including, but not limited to, the following:
(a) Make recommendations to local utility providers pertaining to water, wastewater and storm water issues in the Gulf Coast Region;
(b) To acquire, construct, improve, enlarge, extend, repair, operate and maintain one or more of its systems used for the collection, transportation, treatment and disposal of water, wastewater and storm water;
(c) To make contracts with any person in furtherance thereof; and to make contracts with any person, under the terms of which the county authority will collect, transport, treat or dispose of water, wastewater and storm water for such person;
(d) To make contracts with any person to design and construct any water, wastewater and storm water systems or facilities, and thereafter to purchase, lease or sell, by installments over such terms as may be deemed desirable, reasonable and necessary, or otherwise, any such system or systems;
(e) To enter into operating agreements with any person, for such terms and upon such conditions as may be deemed desirable, for the operation of any water, wastewater and storm water systems; and the county authority may lease to or from any person, for such term and upon such conditions as may be deemed desirable, any water, wastewater and storm water collection, transportation, treatment or its other facilities or systems. Any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of materials to be handled by the respective system or systems and also may provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract;
(f) To enter into contracts with any person or any public agency, including, but not limited to, contracts authorized by this act, in furtherance of any of the purposes authorized under this act upon such consideration as the board of directors and such person may agree. Any such contract may extend over any period of time, notwithstanding any provision or rule of law to the contrary; may be upon such terms and for such consideration, nominal or otherwise, as the parties thereto shall agree; and may provide that it shall continue in effect until bonds specified therein, refunding bonds issued in lieu of such bonds, and all other obligations specified therein are paid or terminated. Any such contract shall be binding upon the parties thereto according to its terms;
(g) To adopt an official seal and alter the same at pleasure;
(h) To sue and be sued, in its own name, and to enjoy all of the protections, immunities and benefits provided by the Mississippi Tort Claims Act, as it may be amended or supplemented from time to time;
(i) To maintain office space at such place or places within the county authority boundaries as it may determine;
(j) To invest money of the county authority, including proceeds from the sale of any bonds subject to any agreements with bondholders, on such terms and in such manner as the county authority deems proper;
(k) To require the necessary relocation or rerouting of roads and highways, railroad, telephone and telegraph lines, and properties, electric power lines, gas pipelines and related facilities, or to require the anchoring or other protection of any of these, provided fair compensation is first paid to the owners or an agreement with such owners regarding the payment of the cost of such relocation, and to acquire easements or rights-of-way for such relocation or rerouting and to convey the same to the owners of the property being relocated or rerouted in connection with the purposes of this act;
(l) Subject to the approval and agreement of all local utility providers affected by their proposed actions, to acquire, construct, improve or modify, to operate or cause to be operated and maintained, either as owner of all or of any part in common with others, any water, wastewater or storm water system within the county authority's service area. The county authority may pay all or part of the cost of any system from any contribution by persons, firms, public agencies or corporations. The county authority may receive, accept and use all funds, public or private, and pay all costs of the development, implementation and maintenance as may be determined as necessary for any project;
(m) Subject to the approval and agreement of all affected utility providers, to acquire, in its own name, by purchase on any terms and conditions and in any manner as it may deem proper, including by eminent domain, property for public use, or by gift, grant, lease, or otherwise, real property or easements therein, franchises and personal property necessary or convenient for its corporate purposes;
(n) To acquire insurance for the county authority's systems, facilities, buildings, treatment plants and all property, real or personal, to insure against all risks as any insurance may, from time to time, be available;
(o) To use any property and rent or lease any property to or from others, including public agencies, or make contracts for the use of the property. The county authority may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a security interest for any property. The powers to acquire, use and dispose of property as set forth in this paragraph shall include the power to acquire, use and dispose of any interest in that property, whether divided or undivided. Title to any property of the county authority shall be held by the county authority exclusively for the benefit of the public;
(p) To apply, contract for, accept, receive and administer gifts, grants, appropriations and donations of money, materials and property of any kind, including loans and grants from the United States, the state, a unit of local government, or any agency, department, district or instrumentality of any of the foregoing, upon any terms and conditions as the United States, the state, a unit of local government, or any agency, department, district or instrumentality shall impose. The county authority may administer trusts. The county authority may sell, lease, transfer, convey, appropriate and pledge any and all of its property and assets;
(q) To make and enforce, and from time to time amend and repeal, bylaws, rules, ordinances and regulations for the management of its business and affairs and for the construction, use, maintenance and operation of any of the systems under its management and control;
(r) To employ and terminate staff and other personnel, including attorneys, engineers and consultants as may be necessary to the functioning of the county authority. The board of directors, in its discretion, may employ an executive director having the authority to employ and fire employees and other duties as determined by the board;
(s) To establish and maintain, subject to the approval and agreement of all local utility providers affected by its proposed actions,rates, fees and any other charges for services and the use of systems and facilities within the control of the county authority, and from time to time, to adjust such rates, fees and any other charges to the end that the revenues therefrom will be sufficient at all times to pay the expenses of operating and maintaining of the facilities and treatment systems and all of the persons' obligations under any contract or bonds resolution with respect thereto or any obligation of any person under any agreement, contract, indenture or bonds resolution with respect thereto. Such rates, fees, assessments and any other charges shall * * * be subject to the jurisdiction of the Mississippi Public Service Commission;
(t) To adopt rules and regulations necessary to accomplish the purposes of the county authority and to assure the payment, subject to the approval and agreement of all local utility providers affected by its proposed actions, of each participating person or public agency of its proportionate share of the costs for use of any of the systems and facilities of the county authority and for the county authority's proportionate share of the costs of the utility board;
(u) To enter, subject to the approval and agreement of all local utility providers affected by its proposed actions, on public or private lands, waters or premises for the purpose of making surveys, borings or soundings, or conducting tests, examinations or inspections for the purposes of the authority, subject to responsibility for any damage done to property entered;
(v) To accept industrial wastewater from within the boundaries of the county authority for treatment and to require the pretreatment of same when, in the opinion of the county authority, such pretreatment is necessary;
(w) To control and operate, subject to the approval and agreement of all local utility providers which might possibly be affected by its proposed actions, or which might possibly curtail the future activities of such local utility providers, local retail water, wastewater and storm water services, and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same services in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area. Any rates, fees, assessments or other charges shall * * * be under the control or regulation of the Mississippi Public Service Commission;
(x) To assume control and administer, within the county authority's jurisdiction, any water, wastewater or storm water system or systems by agreement or contract with any person if the person providing such services requests to be relieved of that responsibility. However, the person may maintain control over connections in their service areas and may charge rates, fees and any other charges in addition to the rates, fees and any charges of the county authority;
(y) Subject to the approval and agreement of all affected utility providers or whose future activities might be curtailed by the actions of the county authority, the county authority shall have the power of eminent domain for the particular purpose of the acquisition of property designated by plan to sufficiently accommodate the location of water, wastewater or storm water systems and such requirements related directly thereto pursuant to the provisions of Chapter 27, Title 11, Mississippi Code of 1972. The county authority may acquire by eminent domain property necessary for any system and the exercise of the powers, rights and duties conferred upon the county authority by this act. No person owning the drilling rights or the right to share in production shall be prevented from exploring, developing or producing oil or gas with necessary rights-of-way for ingress and egress, pipelines and other means of transporting such interests on any lands or interest of the county authority held or used for the purposes of this act, but any such activities shall be subject to reasonable regulations by the board of directors that will adequately protect the systems or projects of the county authority;
(z) To use any legally available funds to acquire, rebuild, operate and maintain any existing water, wastewater or storm water systems owned or operated by any person;
(aa) To refuse to receive water, wastewater or storm water from any public agency or person; and
(bb) Subject to the approval and agreement of all affected utility providers or whose future activities might be curtailed by the actions of the county authority, so long as any indebtedness on the systems of the county authority remains outstanding, to require by contract with a member public agency, or other person, that all water, wastewater and storm water within the boundaries of the respective county authority be disposed of through the appropriate treatment system to the extent that the same may be available, but no public agency shall be precluded from constructing, operating and maintaining its own such system after the current indebtedness owing on the system as of the effective date of this act is paid in full.
(cc) Any person, except any person located within Harrison County Utility Authority, aggrieved by any rates, fees, assessments or other charges of a county authority or any utility provider within the county may appeal to the Mississippi Public Service Commission.
(2) The Harrison County Utility Authority shall have all powers provided in subsection (1) of this section. However, such authority's powers shall not be subject to the approval and agreement of all local utility providers affected by its proposed actions or whose future activities might be curtailed by the actions of the county authority.
(3) For the purposes of this act, the following shall be exempt from payment of fees authorized by the county authorities:
(a) Users whose storm water runoff is not discharged into or through the storm water facilities of the district;
(b) Any entity that possesses a valid individual storm water National Pollution Discharge Elimination System (NPDES) permit;
(c) Any entity that has coverage under a general storm water National Pollution Discharge Elimination System (NPDES) permit; and
(d) Any Class II real property, as defined in Section 112 of the Mississippi Constitution of 1890, that is classified as agriculture or forest land.
SECTION 12. Section 49-17-745, Mississippi Code of 1972, is amended as follows:
49-17-745. (1) Subject to the approval and agreement of all affected utility providers or whose future activities might be curtailed by the actions of the county authority, the county authority shall have the power, duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater and storm water systems. However, all actions by a county authority that affect other utility providers are subject to the approval of those providers, whether or not those providers are subject to the county authority's jurisdiction. The county authority may, in such cases, make recommendations to local utility providers pertaining to water, wastewater and storm water issues in the Gulf Coast Region.
However, the Harrison County Utility Authority shall have the power, duty and responsibility to exercise general supervision over the design, construction, operation and maintenance of water, wastewater and storm water systems and its powers shall not be subject to the approval and agreements required by this subsection (1).
(2) Subject to the provisions of Section 49-17-745(1), the county authority shall adopt rules and regulations regarding the design, construction or installation, operation and maintenance of water, wastewater and storm water systems.
(3) Subject to the provisions of Section 49-17-745(1), the county authority shall adopt rules and regulations regarding the use of decentralized treatment systems, individual on-site wastewater treatment systems and centralized wastewater treatment systems.
(4) Subject to the provisions of Section 49-17-745(1), the county authority shall adopt rules establishing performance standards for water, wastewater and storm water systems and the operation and maintenance of the same. Such rules and regulations shall include the implementation of a standard application form for the installation, operation and maintenance of such systems; application review; approval or denial procedures for any proposed system; inspection, monitoring and reporting guidelines; and enforcement procedures.
(5) (a) Subject to the provisions of Section 49-17-745(1), before a building or development which requires the installation of a water, wastewater or storm water system is constructed, the system must be submitted to the county authority for certification that the system complies with the county authority requirements for such system.
(b) Subject to the provisions of Section 49-17-745(1), before approving or renewing a water, wastewater or storm water related permit for a system within a county authority, the state agency must require certification that the system complies with the requirements of the county authority.
(6) Subject to the provisions of Section 49-17-745(1), any system of any municipality, public agency or other persons which becomes connected with, or tied into, the systems of the county authority shall be subject to the county authority's jurisdiction and the terms of this act. Any system of any municipality, public agency or other persons which is not connected with, or tied into, the systems of the county authority shall not be subject to the county authority's jurisdiction.
(7) Subject to the provisions of Section 49-17-745(1), notwithstanding the provisions of Section 51-39-1 et seq., the county authority shall have the full power to adopt rules and regulations and to construct, maintain and operate facilities for the control of storm water quality and quantity. In addition, the provisions of Section 51-33-1 et seq. relating to drainage districts and flood control districts do not apply to the county authority.
(8) Subject to the provisions of Section 49-17-745(1), the county authority may control and operate the local retail water, wastewater or storm water services and may provide or be responsible for direct servicing of those services to residences, businesses and individuals; however, the county authority shall not provide the same service in an area provided by a public utility or person holding a certificate of public convenience and necessity issued by the Mississippi Public Service Commission for the provision of such services in the certificated area.
(9) No permit shall be required by a county authority for land used for agricultural purposes, including forestry activities as defined in Section 95-3-29(2)(c), or for the erection, maintenance, repair or extension of farm buildings or farm structures, including forestry buildings and structures outside the corporate limits of a municipality, except such permit may be required by the Harrison County Utility Authority.
(10) No permit shall be required or fees charged by a county authority to owners of single-family residential or agricultural water wells that have not been contracted with or served by the county authority, except such permit or fees may be charged by the Harrison County Utility Authority.
(11) The Harrison County Utility Authority shall have all powers authorized by this section and shall not be subject to the approval and agreements required by subsection (1) of this section.
(12) For the purposes of this act, the following shall be exempt from payment of fees authorized by the county authorities:
(a) Users whose storm water runoff is not discharged into or through the storm water facilities of the district;
(b) Any entity that possesses a valid individual storm water National Pollution Discharge Elimination System (NPDES) permit;
(c) Any entity that has coverage under a general storm water National Pollution Discharge Elimination System (NPDES) permit; and
(d) Any Class II real property, as defined in Section 112 of the Mississippi Constitution of 1890, that is classified as agriculture or forest land.
SECTION 13. Section 49-17-747, Mississippi Code of 1972, is amended as follows:
49-17-747. (1) Subject to the provisions of Section 49-17-745(1), any public agency or person, pursuant to a duly adopted resolution of the governing body of such public agency or person, may enter into contracts with the county authority or county authorities under the terms of which the county authority will manage, operate and contract for usage of its systems and facilities, or other services, for such person or public agency.
(2) Subject to the provisions of Section 49-17-745(1), any public agency or person may enter into contracts with the county authority for the county authority to purchase or sell, by installments over such terms as may be deemed desirable, or otherwise, to any person or any systems. Any public agency may sell, donate, convey, or otherwise dispose of water, wastewater and storm water facilities or systems; or any equipment, personal property or any other things, deemed necessary for the construction, operation, and maintenance to the county authority without the necessity of appraisal, advertising, or bidding. This section creates an alternative method of disposal of public property.
(3) Subject to the provisions of Section 49-17-745(1), any public agency is authorized to enter into operating agreements with the county authority, for such terms and upon such conditions as may be deemed desirable, for the operation of any of its systems of any person by the county authority or by any person contracting with the county authority to operate such systems.
(4) Any public agency may lease to or from the county authority, for such term and upon such conditions as may be deemed desirable, any of its systems.
(5) Any municipality or county may donate office space, equipment, supplies and materials to the authority.
(6) Subject to the provisions of Section 49-17-745(1), any such contract may contain provisions requiring any public agency or other person to regulate the quality and strength of the material to be handled by the wastewater or storm water systems and may also provide that the county authority shall have the right to use any streets, alleys and public ways and places within the jurisdiction of a public agency or other person during the term of the contract. Such contracts may obligate the public agency to make payments to the county authority or to a trustee in amounts which shall be sufficient to enable the county authority to defray the expenses of administering, operating and maintaining its respective systems, to pay interest and principal (whether at maturity upon redemption or otherwise) on bonds of the county authority, issued under this act and to fund reserves for debt service, for operation and maintenance and for renewals and replacements, to fulfill the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security agreement relating to the bonds of the county authority issued under this act or to fulfill any other requirement relating to bonds issued pursuant to this act.
(7) Subject to the provisions of Section 49-17-745(1), any public agency shall have the power to enter into such contracts with the county authority as in the discretion of the governing body of the public agency would be in the best interest of the public agency. Such contracts may include a pledge of the full faith and credit of such public agency and/or the avails of any special assessments made by such public agency against property receiving benefits, as now or hereafter are provided by law. Any such contract may provide for the sale, or lease to, or use of by the county authority, of the systems or any part thereof, of the public agency; and may provide that the county authority shall operate its systems or any part thereof of the public agency; and may provide that any public agency shall have the right to continued use and/or priority use of the systems or any part thereof during the useful life thereof upon payment of reasonable charges therefor; and may contain provisions to assure equitable treatment of persons or public agencies who contract with the county authority under this act; and may contain such other provisions and requirements as the parties thereto may determine to be appropriate or necessary. Such contracts may extend over any period of time, notwithstanding any provisions of law to the contrary, and may extend beyond the life of the respective systems or any part thereof or the term of the bonds sold with respect to such facilities or improvements thereto.
(8) The obligations of a public agency arising under the terms of any contract referred to in this act, whether or not payable solely from a pledge of revenues, shall not be included within the indebtedness limitations of the public agency for purposes of any constitutional or statutory limitation or provision. To the extent provided in such contract and to the extent such obligations of the public agency are payable wholly or in part from the revenues and other monies derived by the public agency from the operation of its systems or of its combined systems, or any part thereof, such obligations shall be treated as expenses of operating such systems.
(9) Contracts referred to in this section may also provide for payments in the form of contributions to defray the cost of any purpose set forth in the contracts and as advances for the respective systems or any part thereof subject to repayment by the county authority. A public agency may make such contributions or advances from its general fund or surplus fund or from special assessments or from any monies legally available therefor.
(10) Payments made, or to be made, to the county authority by a public agency or other person under a contract for any of its treatment systems, or any part thereof, shall not be subject to approval or review by the Mississippi Public Service Commission.
(11) Subject to the provisions of Section 49-17-745(1), and subject to the terms of a contract or contracts referred to in this act, the county authority is hereby authorized to do and perform any and all acts or things necessary, convenient or desirable to carry out the purposes of such contracts, including the fixing, charging, collecting, maintaining and revising of rates, fees and other charges for the services rendered to any user of any of the systems operated or maintained by the county authority, whether or not such systems are owned by the county authority.
(12) No provision of this act shall be construed to prohibit any public agency, otherwise permitted by law to issue bonds, from issuing bonds in the manner provided by law for the construction, renovation, repair or development of any of the county authority's systems, or any part thereof, owned or operated by such public agency.
(13) The Harrison County Utility Authority shall have all powers authorized by this section and shall not be subject to the approval and agreements required by subsection (1) of Section 49-17-745.
SECTION 14. Section 49-17-749, Mississippi Code of 1972, is amended as follows:
49-17-749. (1) Subject to the provisions of Section 49-17-745(1),whenever a public agency shall have executed a contract under this act and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's systems, or any part thereof, or a combination of such systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rate or fees charged by the public agency for the services of such systems, upon approval by the Mississippi Public Service Commission, so that the revenues therefrom, together with any taxes and special assessments levied in support thereof, will be sufficient at all times to pay:
(a) The expense of operating and maintaining such systems, including all of the public agency's obligations to the county authority, its successors or assigns under such contract; and
(b) All of the public agency's obligations under and in connection with bonds theretofore issued, or which may be issued thereafter and secured by the revenues of such systems. Any such contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates and fees are to be adjusted. The adjustment of rates or fees by a public agency or any utility provider within the county who has contracted with a public agency, except the Harrison County Utility Authority, may be implemented only upon approval by the Public Service Commission.
(2) Any person aggrieved by any rates, fees, assessments or other charges of a public agency or any utility provider within the county, except the Harrison County Utility Authority, who has contracted with a public agency may appeal to the Mississippi Public Service Commission.
(3) The Harrison County Utility Authority shall have all powers authorized by this section and shall not be subject to the approval and agreements required by subsection (1) of Section 49-17-745.
SECTION 15. Section 49-17-751, Mississippi Code of 1972, is amended as follows:
49-17-751. (1) Subject to the approval and agreement of all affected utility providers or whose future activities might be curtailed by the actions of the county authority and notwithstanding the provisions of Sections 77-3-21 and 77-3-23, Mississippi Code of 1972, the certificate of public convenience and necessity held by any municipality, public agency, district, public utility or other person authorized by law to provide water, sewer and wastewater services may be cancelled and its powers, duties and responsibilities transferred to the county authority in the manner provided by this section.
(2) Any entity described in subsection (1) of this section desiring to have its certificate of public convenience and necessity cancelled and its powers, duties and responsibilities transferred to the county authority shall make a determination to that effect on its official minutes if a public entity, or by affidavit if not a public entity, and transmit such determination to the county authority.
(3) Upon receipt of the document evidencing such determination from an entity to transfer its powers, duties and responsibilities to the county authority, the county authority shall, by resolution, declare whether it is willing and able to accept such transfer from the entity.
(4) Upon completion of the requirements of subsections (2) and (3) herein and agreement by both parties to the transfer, the holder of the certificate of public convenience and necessity and the county authority shall jointly petition the Public Service Commission to cancel the certificate of public convenience and necessity. The petition must be accompanied by copies of the official minutes, affidavit or resolution, as the case may be, reflecting the actions of the petitioners. After review of the petition and any other evidence as the Public Service Commission deems necessary, the commission may issue an order cancelling the certificate and transferring to the county authority the powers, duties and responsibilities granted by the certificate, including all assets and debts of the transferor petitioner related to such certificated services, real or personal, or both, if it finds that:
(a) Subsections (2) and (3) of this section have been complied with; and
(b) Such action is in the public interest.
(5) Subject to the provisions of Sections 49-17-745(1) and 49-17-751(1),the county authority and providers of water, sewer, wastewater and storm water services that are not holders of a certificate of a public convenience and necessity from the Public Service Commission may enter into agreements for the provision of such services, including, but not limited to, the transfer to the county authority of such provider's powers, duties, responsibilities, assets and debts.
(6) However, the powers conferred in this section to the Harrison County Utility Authority shall not be subject to the approval and agreement of affected utility providers in Harrison County or the agreements required by Section 49-17-745(1).
SECTION 16. Section 49-17-773, Mississippi Code of 1972, is amended as follows:
49-17-773. For the purposes of satisfying any temporary cash flow demands and deficiencies, and to maintain a working balance for the county authority, the county, municipalities or public agencies or any local utility provider or providers, except local utility providers within Harrison County within the geographic boundaries of the county authority, or other persons, subject to their lawful authority to do so, are authorized to advance, at any time, such funds which, in its discretion, are necessary, or borrow such funds by issuance of notes, for initial capital contribution and to cover start-up costs until such times as sufficient bonds, assets and revenues have been secured to satisfy the needs of the county authority for its management, operation and formation. To this end, the county, municipality, public agency or person, subject to their lawful authority to do so, shall advance such funds, or borrow such funds by issuance of notes, under such terms and conditions as may be provided by resolution of the governing body, or other persons as defined in this act, subject to their lawful authority to do so, except that each such resolution shall state:
(a) The need for the proceeds advanced or borrowed;
(b) The amount to be advanced or the amount to be borrowed;
(c) The maximum principal amount of any note issued, the interest rate or maximum interest rate to be incurred, and the maturity date of said note;
(d) In addition, the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may arrange for lines of credit with any bank, firm or person for the purpose of providing an additional source of repayment for notes issued pursuant to this section. Amounts drawn on a line of credit may be evidenced by negotiable or nonnegotiable notes or other evidences of indebtedness and contain such terms and conditions as the governing body, or other persons as defined in this act, subject to their lawful authority to do so, may authorize in the resolution approving the same;
(e) The governing body of the county, municipalities or other persons as defined in this act, subject to their lawful authority to do so, may authorize the repayment of such advances, notes, lines of credit and other debt incurred under this section, along with all costs associated with the same, including, but not limited to, rating agency fees, printing costs, legal fees, bank or trust company fees, line of credit fees and other charges to be reimbursed by the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon with other persons as defined in this act, subject to their lawful authority to do so;
(f) In addition, the governing body of the county, municipality or public agency may lease or donate office space and equipment to the county authority under such terms and conditions as are reasonable and are to be provided for by resolution of the governing body, or terms agreed upon by the county authority.
SECTION 17. This act shall take effect and be in force from and after its passage.