Senate Bill 2765

AN ACT TO AMEND SECTION 77-3-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PUBLIC SERVICE COMMISSION TO CANCEL A WATER OR SEWER SYSTEM'S CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEFORE A MUNICIPALITY OR OTHER ENTITY EXERCISES EMINENT DOMAIN OVER THE SYSTEM'S FACILITIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 77-3-21, Mississippi Code of 1972, is amended as follows:

77-3-21. The commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any utility holding a certificate under the provisions of this article is rendering reasonably adequate service in any area covered by such utility's certificate. If the commission finds that such utility is not rendering reasonably adequate service, the commission may enter an order specifying in what particulars the utility has failed to render reasonably adequate service and order that such failure be corrected within a reasonable time, such time to be fixed in the order. If the utility so ordered to correct the failure fails to comply with the order of the commission and the commission finds that cancellation of its certificate would be in the best interest of the consuming public served by the holder of the certificate, its certificate for the area affected may be revoked and cancelled by the commission.

Before any municipality exercises the power of eminent domain as provided in Section 77-3-17, the commission shall determine that the certificate of public convenience and necessity granted to the utility pursuant to Section 77-3-13 for the service area wherein such facilities are located, shall be cancelled as provided in this section. * * *

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.