MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Energy

By: Representative Cockerham

House Bill 769

AN ACT TO CREATE THE "MISSISSIPPI ENERGY SUSTAINABILITY AND DEVELOPMENT ACT"; TO AMEND SECTION 57-39-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEREVER THE WORD "DIVISION" APPEARS IN THE CHAPTER OF LAW WHICH PROVIDES FOR ENERGY PLANNING, IT SHALL MEAN THE MISSISSIPPI DEVELOPMENT AUTHORITY ENERGY AND NATURAL RESOURCES DIVISION; TO AMEND SECTION 57-39-9, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE DIVISION; TO AMEND SECTION 57-39-11, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTENTS OF THE MISSISSIPPI ENERGY PLAN; TO AMEND SECTION 57-39-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DIVISION TO COORDINATE THE DEVELOPMENT AND IMPLEMENTATION OF A STATE ENERGY MANAGEMENT PLAN FOR STATE-OWNED AND OPERATED FACILITIES IN CONJUNCTION WITH THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 57-39-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MISSISSIPPI DEVELOPMENT AUTHORITY SHALL PROMULGATE RULES FOR LOAN ELIGIBILITY AND WILL ADMINISTER THE ENERGY DEVELOPMENT FUND; TO AMEND SECTION 57-39-112, MISSISSIPPI CODE OF 1972, TO REVISE THE DIVISION'S DUTIES IN ASSISTING THE PUBLIC SCHOOL DISTRICTS IN REDUCING ENERGY CONSUMPTION; TO AMEND SECTION 57-40-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "PROJECT" AS USED IN THE ENERGY INFRASTRUCTURE REVOLVING LOAN PROGRAM; TO AMEND SECTION 57-40-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE FUND MAY BE USED TO ASSIST ENERGY-PROVIDING UTILITIES; TO AMEND SECTIONS 57-40-5 AND 57-40-7, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND CHAPTER 557, LAWS OF 2009 TO EXTEND UNTIL JULY 1, 2016, THE DATE WHICH BONDS AUTHORIZED UNDER THE ENERGY INFRASTRUCTURE REVOLVING LOAN PROGRAM MAY BE ISSUED; TO CREATE A NEW SECTION TO REQUIRE THE DIVISION TO BE RESPONSIBLE FOR COMPILING DATA RELATED TO THE ENERGY RESOURCES, BOTH NATURAL AND MANMADE, OF THE STATE OF MISSISSIPPI; TO REPEAL SECTION 57-39-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE SUBMISSION OF THE MISSISSIPPI ENERGY PLAN TO THE LEGISLATURE; TO REPEAL SECTION 57-39-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDES ADDITIONAL PROGRAMS AND ACTIVITIES OF THE BOARD OF ENERGY AND TRANSPORTATION; TO REPEAL SECTION 57-39-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR LIMITATIONS ON DISCLOSURE OF PROPRIETY INFORMATION; TO REPEAL SECTION 57-39-25, MISSISSIPPI CODE OF 1972, WHICH PROVIDES CRIMINAL PENALTIES FOR THE FAILURE TO SUBMIT CERTAIN INFORMATION; TO REPEAL SECTION 57-39-27, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE BOARD OF ENERGY AND TRANSPORTATION TO PRESCRIBE POLICIES AS TO ENERGY EFFICIENCY AND ALLOCATION OF PETROLEUM PRODUCTS; TO REPEAL SECTION 57-39-29, MISSISSIPPI CODE OF 1972, WHICH DESIGNATES THE BOARD AS THE STATE OFFICE OF PETROLEUM ALLOCATION; TO REPEAL SECTION 57-39-31, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE BOARD OF ENERGY AND TRANSPORTATION TO ADMINISTER THE STATE SET-ASIDE PROGRAM; TO REPEAL SECTION 57-39-33, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE BOARD WITH SOLE AUTHORITY TO ESTABLISH PRIORITIES AMONG USERS AND CONSUMERS OF ALLOCATED PRODUCTS; TO REPEAL SECTION 57-39-35, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE ESTABLISHMENT OF PRIORITIES BY LOCAL GOVERNMENT OR SUPPLIER WITHOUT BOARD APPROVAL; TO REPEAL SECTION 57-39-41, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE BOARD TO PREPARE A PLAN FOR ESTABLISHING A CENTRAL MOTOR POOL; TO REPEAL SECTION 57-39-105, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT TO DEVELOP AND IMPLEMENT A GENERAL ENERGY MANAGEMENT PLAN; TO REPEAL SECTION 57-39-107, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO SUBMIT DATA REGARDING ENERGY CONSUMPTION; TO REPEAL SECTION 57-39-111, MISSISSIPPI CODE OF 1972, WHICH REQUIRES STATE AGENCIES TO SUBMIT ENERGY MANAGEMENT PLANS; TO REPEAL SECTION 57-39-113, MISSISSIPPI CODE OF 1972, WHICH ALLOWS FOR A SMALLER PERCENTAGE REDUCTION GOAL FOR QUALIFYING AGENCIES; TO REPEAL SECTION 57-39-115, MISSISSIPPI CODE OF 1972, WHICH REQUIRES AN ANNUAL REPORT ON ENERGY REDUCTION PROGRAMS; TO REPEAL SECTION 57-39-201, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES LOANS FOR SCHOOL ENERGY CONSERVATION PROGRAMS; TO REPEAL SECTION 57-39-203, MISSISSIPPI CODE OF 1972, WHICH DESCRIBES THE PROCESS FOR APPROVAL OF LOANS AND REPAYMENT; TO REPEAL SECTION 57-39-205, MISSISSIPPI CODE OF 1972, WHICH ALLOWS FOR THE FORFEITURE OF HOMESTEAD EXEMPTION IN THE CASE OF A LOAN DEFAULT; AND FOR RELATED PURPOSES.

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

SECTION 1.  This act shall be known and may be cited as the "Mississippi Energy Sustainability and Development Act."

SECTION 2.  Section 57-39-1, Mississippi Code of 1972, is amended as follows:

     57-39-1.  (1)  The purpose of this chapter is to coordinate all energy-related needs and activities in Mississippi with the objective of providing an efficient and economical energy system through a statewide plan.  To that end, the * * *Department of Economic and Community Development Mississippi Development Authority is directed to evaluate this state's energy needs and availability.

     (2)  The powers, duties and responsibilities of the Board of Energy and Transportation with respect to the state's energy needs and activities are transferred to the * * *Department of Economic and Community Development Mississippi Development Authority, and wherever the word "board" appears in this chapter meaning the former Board of Energy and Transportation it shall mean the * * *Department of Economic and Community Development Mississippi Development Authority.  Whenever the word "division" appears in this chapter, it shall mean the Mississippi Development Authority Energy and Natural Resources Division.

     SECTION 3.  Section 57-39-9, Mississippi Code of 1972, is amended as follows:

     57-39-9.  The powers and duties of the * * *board division shall include, but not be limited to, the following:

(a)  To promote  Mississippi as a leader in energy development, job creation and research.

(b)  To contribute to economic development activities related to the energy production and manufacturing sectors.

(c)  To promote energy efficiency across state government and within the private sector and other sectors, so that the state can realize the monetary and environmental benefits of energy efficiency.

     ( * * *ad)  To prepare, when necessary, a Mississippi Energy Plan and a State Energy Management Plan as hereinafter set forth.

          (e)  To develop policies and long-term strategic plans for the State of Mississippi to accomplish the duties hereinafter set forth.

          (f)  To collect, maintain and provide analysis of data related to energy consumption, production and natural resources pertinent to the development of more energy opportunities within the state.

          (g)  To promote the development, manufacturing and use of renewable technologies, processes and products in the state.

          (h)  To serve as the State Energy Office for the State of Mississippi and fulfill requirements of the State Energy Office as mandated by the federal government or the Governor.

          ( * * *bi) To prepare implementation programs in accordance with the requirements of the plan.

          ( * * *cj)  Upon request, to accept, receive and receipt for federal monies and other monies, either public or private, for and in behalf of this state.  Upon request of any political subdivision of the state, to accept, receive and receipt for any designated purpose, federal monies and other monies, either public or private, for and in behalf of any such political subdivision.

          ( * * *dk)  To confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of energy utilization.

 * * *(e)  To avail itself of the cooperation, services, records and facilities of agencies of the United States as fully as may be practicable in the administration and enforcement of this chapter.

  (f)  To furnish to the agencies of the United States its cooperation, services, records and facilities, insofar as may be practicable, and when such action is not in conflict with the laws of the State of Mississippi.

  (g)  To avail itself of the cooperation, services, records and facilities of other agencies of the state, and such agencies are authorized and directed to cooperate and make available their facilities and services, insofar as may be practicable.

          ( * * *hl)  To perform such acts, make, promulgate and amend such reasonable general or special rules, regulations and procedures as it shall deem necessary to carry out the provisions of this chapter and to perform its duties hereunder.  No rules, regulations or procedures prescribed by the board shall be inconsistent with, or contrary to, any acts of the Congress of the United States or any regulations promulgated pursuant thereto, or to this chapter or any other statutes of the State of Mississippi.

          ( * * *im)  To enter into contracts, grants and cooperative agreements with any federal or state agency, department or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature.

(n)  As required by the federal government or as directed by the Governor of the State of Mississippi, to establish a state program to administer the State Petroleum Set-Aside Program and to provide assistance in obtaining adjustments specified in orders issued by the Federal Energy Office.

     SECTION 4.  Section 57-39-11, Mississippi Code of 1972, is amended as follows:

     57-39-11.  (1)  The  * * *Mississippi Energy Plan division shall be tasked with developing, implementing and refining over time the Mississippi Energy Plan.  The Mississippi Energy Plan shall include, but not be limited to the following: * * * directed at the achievement of a coordinated and balanced energy program for the state.

 * * *(2)  The plan shall be used by all state agencies and offices to guide and coordinate energy activities.

(3)  The energy plan shall include, but not be limited to, the following:

          (a)  * * *(a)  Statewide energy goals, objectives and policies for all forms of energy needs and availability, both public and private; Efforts to promote Mississippi as a leader in energy development, job creation and research;

          (b)  * * *  Statewide forecasts of energy needs and deficiencies; Plans to encourage the safe and responsible exploration and extraction of the state's natural resources;

          (c)  * * * Guidelines based upon priorities, economics and such other factors as shall be reasonable and proper in meeting the state's energy needs; Plans to add value and sustain resources through advances in manufacturing, conversion, and processing related to energy consumption and generation;

          (d)  Expanding energy capacity and realizing savings through energy efficiency;

          (e)  Encourage investments in the energy infrastructure of transmission and distribution to maintain the state's leadership in this area;

          (f)  Plans to ensure the state competes in technology-based energy economic development, research and development, and commercialization;

(g)  Prepare a 21st century energy workforce;

(h)  Statewide forecasts of energy needs and deficiencies;

          ( * * *di)  A program for directing the expenditure of local, state and federal energy funds in conformity with the statewide plan;

          ( * * *ej)  Statewide implementation program, including a schedule of improvement programs, an operations program, a financial plan, necessary policies and legislation for implementation of the energy plan * * *.; and

          ( * * *fk)  Financial impact statement.

 * * *(4)  The plan shall be based on studies, including, but not limited to, the following energy planning practices:

  (a)  Inventories of energy facilities and equipment;

  (b)  State and federal statutory requirements affecting energy services;

  (c)  Financial resources for energy planning, development and operation;

  (d)  Plans and programs adopted by state agencies, which affect energy planning;

  (e)  Advanced concepts for energy systems for consideration in alternative plans;

  (f)  Alternative plans based on varying assumptions of financial resources and levels of energy services;

  (g)  An evaluation of alternative plans considering the relationships between energy taxation, environment, economics and social factors, policies and goals, including the relationship of costs among classes of users;

  (h)  An analysis of studies, reports, plans and recommendations made by the model agencies in the area of energy with an assessment of their application to the plan;

  (i)  A review and critique of existing policies for expenditure of local, state and federal energy funds; and

  (j)  A review and analysis of the existing tax exemptions, credits and incentives for energy use and a recommendation for addition or deletion of energy‑related tax exemptions, credits and incentives.

(5)  In evaluating alternative plans, the following criteria shall be among those used:

  (a)  Economic, including operating costs, capital costs, revenues, impact on local economy and employment, and related public service costs;

  (b)  Taxation, including tax base and equity; and

  (c)  Environmental.

     SECTION 5.  Section 57-39-19, Mississippi Code of 1972, is amended as follows:

     57-39-19.  * * *The board, in consultation with the division of purchase supervision and other appropriate offices and agencies of state government, appropriate professional groups and organizations, and others knowledgeable in the subject, shall promulgate rules and procedures for energy efficiency in the procurement of energy consuming commodities with public funds.  Such rules and procedures shall include:

(1)  To ensure that state-owned facilities be operated in an energy-efficient manner to reduce operating costs to the General Fund and demonstrate successful energy consumption reduction strategies to other sectors of the state economy, the division shall coordinate the development and implementation of a general energy management plan for state-owned and operated facilities in conjunction with the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management.  The general energy management plan shall include, but not be limited to, the following elements:

          (a)  * * * Provisions for adopting life cycle costs as a consideration in determining the lowest and best bid on purchase of commodities; Gathering of energy-related data from state agencies, state institutions of higher learning, and community and junior colleges in a form and manner as required by the division;

          (b)  * * * Provisions for distribution of life cycle costs data and formulas to agencies and political subdivisions Benchmarking of energy consumption and costs;

          (c)  * * * Provisions for reporting of energy savings resulting from energy efficient purchases; Use of a central system to aggregate and track energy consumption data for all state-owned facilities;

          (d)  * * * Provisions for adopting computer‑based energy management systems in the construction of or renovation of public buildings; and Model buildings and facilities energy audit procedures;

          (e)  * * * Provisions for energy‑saving preventive maintenance systems and procedures for public buildings and personal property owned by public agencies. Model energy consumption reduction techniques;

          (f)  * * * Provisions for monitoring energy use in all state buildings and the adoption of regulations for energy savings. Uniform data analysis procedures;

(g)  Model employee energy education program procedures;

(h)  Model training program for agency and institution personnel and energy coordinators;

(i)  Model guidelines for buildings and facilities managers;

(j)  Program monitoring and evaluation procedures.

(2)  The State Energy Management Plan shall also include a description of actions to reduce consumption of electricity and nonrenewable energy sources used for heating, cooling, ventilation, lighting and water heating.  A designee of each of the following entities - the Board of Trustees of State Institutions of Higher Learning, the Community College Board, the Department of Education, and the Department of Finance and Administration shall assist in the preparation of the State Energy Management Plan and serve together on an advisory board; the director of the division shall serve as the head of this board and shall convene representatives of these institutions no fewer than once each year in order to review implementation of the State Energy Management Plan.

(3)  The State Energy Management Plan shall be developed and implemented with input and assistance from the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, and the two state agencies shall work together and pledge to use pertinent resources and programs in conjunction with one another to accomplish the goals described in this section.

(4)  The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management shall transmit to the division an updated state building inventory on an annual basis.

(5)  All state agencies having buildings on the inventory of buildings submitted to the Department of Finance and Administration as well as all institutions of higher learning and community and junior colleges (hereafter referred to as "covered entities"), shall submit energy consumption in a form and manner prescribed by the division.

(6)  Energy-related data may include, but shall not be limited to, the following:

(a)  Electrical consumption data;

(b)  Natural gas consumption; and

(c)  Fuel oil consumption.

Any covered entity that does not enter its energy data in the form and manner prescribed by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division.  The Mississippi Development Authority, in coordination with the Bureau of Building, Grounds and Real Property Management, shall promulgate rules pertaining to this section.

(7)  By September 1 of each year, the division shall provide to the Legislature and the Governor a report on the energy consumption of covered entities.  This report shall include, but shall not be limited to, total energy consumption for the state, total costs related to the energy metrics being tracked, increases or decreases from year to year by the state and by each covered entity, and forecast models for the coming fiscal year.  The Bureau of Building, Grounds and Real Property Management shall provide assistance in the development of this report, as needed.  The division will also provide a list of covered entities that have not reported data in accordance with this section.

(8)  By November 1, 2014, and each subsequent five-year interval, each covered entity must submit a detailed energy management plan to the division.  The detailed energy management plan shall describe specific measures to be taken to reduce the agency's energy consumption by energy unit measure over a five-year period.  The plan shall also include a timetable to accomplish the agency's reduction goals.  If the detailed energy management plan meets the criteria developed by the division, the division shall approve the plan.  If the detailed energy management plan fails to meet the criteria, the division shall disapprove the detailed energy management plan and notify the submitting agency in writing, including the reasons for disapproval.  Covered entities that do not submit an energy management plan by the deadline or fail to remedy changes subsequently required by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive capital improvement funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division until such time as the entity has an energy management plan approved by the division.

     SECTION 6.  Section 57-39-39, Mississippi Code of 1972, is amended as follows:

     57-39-39.  (1)  There is hereby created in the State Treasury a fund to be known as the Energy Development Fund.  Monies in such fund are reserved exclusively for:

          (a)  Promoting the * * *development and demonstration of efficient, environmentally acceptable and commercially feasible technologies, techniques and processes in the development of Mississippi's energy resources.

          (b)  Developing projects under this section which will demonstrate a realistic promise of making a significant energy contribution to the State of Mississippi.

          (c)  Effectively utilizing the state's existing alternative and conventional energy resources to foster economic and social improvements in the state.

     (2)  The * * *Department of Economic and Community Development Mississippi Development Authority division will administer the fund.  The * * *department division will establish policy and guidelines for use of the fund not later than one hundred twenty (120) days after July 1, * * *1983 2013.  * * *The department will take advantage of expertise and capabilities existing within the state and will consider the research needs of other state institutions such as the University Research Center, Mississippi Department of Environmental Quality, Mississippi Mineral Resources Institute, Mississippi Energy Research Center, state institutions of higher learning and others in establishing energy development programs.

     ( * * *43)  * * * The fund will be used to finance contractual obligations incurred in research, development, demonstration activities and grant awards.  Money from the fund may be used in matching state, federal or private funding sources, and the department is authorized to accept contributions for the fund from any public or private source. The department will submit to the Governor on or before December 31 of each year a comprehensive report on the operation of the fund.

 * * *(5)  For the purposes of this section, "energy resources" means alternative energy resources (such as biomass, solar, geothermal and wind) and conventional energy resources (such as lignite, oil and natural gas).

     SECTION 7.  Section 57-39-112, Mississippi Code of 1972, is amended as follows:

     57-39-112.  The division shall * * * cooperate with all public school districts of the state which request its assistance and cooperation provide technical assistance to the Mississippi Department of Education so that the department can assist local school districts in developing a detailed energy management plan for that public school district.  The purposes of the plan shall be to assist the public school district in * * * reaching a goal of reducing consumption of energy in its buildings and facilities * * *by energy unit measure in fiscal year 2003 by a minimum of fifteen percent (15%) as compared with fiscal year 2001 and to maintain or reduce that level of energy consumption, subject to any allowances for building and facilities modernization, remodeling or upgrading for educational purposes, and for increased or decreased enrollment.

     SECTION 8.  Section 57-40-1, Mississippi Code of 1972, is amended as follows:

     57-40-1. * * *(1)  As used in this chapter:

          (a)  "Project" means a facility constructed after * * *April 17, 2009 July 1, 2012, * * *that converts Mississippi feedstock to any form of energy that is produced for resale, with a capital investment from private sources of not less than * * *One Billion Dollars ($1,000,000,000.00) Fifty Million Dollars ($50,000,000.00).

          (b)  "MDA" means the Mississippi Development Authority.

     SECTION 9.  Section 57-40-3, Mississippi Code of 1972, is amended as follows:

     57-40-3.  There is established an energy infrastructure revolving loan program to be administered by the MDA for the purpose of assisting counties and municipalities in:

          (a)  Constructing, repairing or improving infrastructure related to a project, including, but not limited to, making a contribution in aid of construction to an energy-providing utility or cooperative for its constructing, repairing, improving, and owning such infrastructure;

          (b)  Site preparation related to a project on property owned by a county or municipality; and

          (c)  Site preparation on property owned by the enterprise owning or operating a project.

     SECTION 10.  Section 57-40-5, Mississippi Code of 1972, is amended as follows:

     57-40-5.  (1)  There is created a special fund in the State Treasury to be designated as the "Energy Infrastructure Revolving Loan Fund," which shall consist of such money authorized to be deposited into such fund from any source.  The fund shall be maintained in perpetuity for the purposes established in this chapter.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.  Money in the fund may not be used or expended for any purpose except as authorized under this chapter.

     (2)  A county or an incorporated municipality may apply to the MDA for a loan under the energy infrastructure revolving loan program established under this chapter.

     (3)  (a)  The MDA shall establish a loan program by which loans, at the rate of interest set by the MDA, may be made available to counties and incorporated municipalities to assist counties and incorporated municipalities in:

              (i)  Constructing, repairing and improving infrastructure related to a project;

              (ii)  Site preparation related to a project on property owned by a county or municipality; and

              (iii)  Site preparation on property owned by the enterprise owning or operating a project.

          (b)  Loans from the revolving fund may be made to counties and municipalities as set forth in a loan agreement in amounts not to exceed one hundred percent (100%) of eligible costs as established by the MDA.  The MDA may require county * * *or, municipal or private participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the revolving loan fund.  The MDA may establish a maximum amount for any loan.  Loan repayments shall be deposited into the revolving loan fund.

     (4)  A county that receives a loan from the revolving fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77.  An incorporated municipality that receives a loan from the revolving fund shall pledge for repayment of the loan any part of the sales tax revenue distribution to which it may be entitled under Section 27-65-75.  Each loan agreement shall provide for (i) monthly payments, (ii) semiannual payments, or (iii) other periodic payments.  The loan agreement shall provide for the repayment of all funds received within not more than twenty (20) years from the date of project completion.

     (5)  Prior to the execution of a loan agreement, relevant parties to the project shall enter into an agreement, in a manner acceptable to MDA, that stipulates the terms of the energy infrastructure investment and responsibilities among parties.

     ( * * *(56)  The State Auditor, upon request of the MDA, shall audit the receipts and expenditures of a county or an incorporated municipality whose loan payments appear to be in arrears, and if he finds that the * * *county or municipality entity is in arrears in such payments, he shall immediately notify the Executive Director of the Department of Finance and Administration who shall withhold all future payments to the county of homestead exemption reimbursements under Section 27-33-77 and all sums allocated to the county or the municipality under Section 27-65-75 until such time as the county or the municipality is again current in its loan payments as certified by the MDA.

     ( * * *67)  Evidences of indebtedness which are issued pursuant to this chapter shall not be deemed indebtedness within the meaning specified in Section 21-33-303 with regard to cities or incorporated towns, and in Section 19-9-5 with regard to counties.

     SECTION 11.  Section 57-40-7, Mississippi Code of 1972, is amended as follows:

     57-40-7.  In administering the provisions of this chapter, the MDA shall have the following powers and duties:

          (a)  To supervise the use of all funds made available under this chapter for * * *local governments infrastructure improvements;

          (b)  To review and certify all projects for which funds are authorized to be made available under this chapter;

          (c)  To requisition money in the Energy Infrastructure Revolving Loan Fund and distribute that money on a project-by-project basis in accordance with the provisions of this chapter;

          (d)  To maintain an accurate record of all energy infrastructure revolving loan program funds made available to counties and municipalities and the costs for each project; and

          (e)  To adopt and promulgate such rules and regulations as may be necessary or desirable for the purpose of implementing the provisions of this chapter.

     SECTION 12.  Section 40, Chapter 557, Laws of 2009, is amended as follows:

     Section 40.  (1)  As used in this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

          (a)  "Accreted value" of any bonds means, as of any date of computation, an amount equal to the sum of (i) the stated initial value of such bond, plus (ii) the interest accrued thereon from the issue date to the date of computation at the rate, compounded semiannually, that is necessary to produce the approximate yield to maturity shown for bonds of the same maturity.

          (b)  "State" means the State of Mississippi.

          (c)  "Commission" means the State Bond Commission.

     (2)  (a)  The Mississippi Development Authority, at one time, or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for the program authorized in Sections 57-40-1 through 57-40-7, Mississippi Code of 1972.  Upon the adoption of a resolution by the Mississippi Development Authority, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this subsection, the Mississippi Development Authority shall deliver a certified copy of its resolution or resolutions to the commission.  Upon receipt of such resolution, the commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds.  The total amount of bonds issued under this section shall not exceed Twenty Million Dollars ($20,000,000.00).  No bonds authorized under this section shall be issued after July 1, * * *2013 2016.

          (b)  The proceeds of bonds issued pursuant to this section shall be deposited into the Energy Infrastructure Revolving Loan Fund created pursuant to Section 38 of this act.  Any investment earnings on bonds issued pursuant to this section shall be used to pay debt service on bonds issued under this section, in accordance with the proceedings authorizing issuance of such bonds.

     (3)  The principal of and interest on the bonds authorized under this section shall be payable in the manner provided in this subsection.  Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates (not to exceed the limits set forth in Section 75-17-101, Mississippi Code of 1972), be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty-five (25) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the commission.

     (4)  The bonds authorized by this section shall be signed by the chairman of the commission, or by his facsimile signature, and the official seal of the commission shall be affixed thereto, attested by the secretary of the commission.  The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers.  Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear.  However, notwithstanding anything herein to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

     (5)  All bonds and interest coupons issued under the provisions of this section have all the qualities and incidents of negotiable instruments under the provisions of the Uniform Commercial Code, and in exercising the powers granted by this section, the commission shall not be required to and need not comply with the provisions of the Uniform Commercial Code.

     (6)  The commission shall act as the issuing agent for the bonds authorized under this section, prescribe the form of the bonds, determine the appropriate method for sale of the bonds, advertise for and accept bids or negotiate the sale of the bonds, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds.  The commission is authorized and empowered to pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under this section from the proceeds derived from the sale of such bonds.  The commission may sell such bonds on sealed bids at public sale or may negotiate the sale of the bonds for such price as it may determine to be for the best interest of the State of Mississippi.  All interest accruing on such bonds so issued shall be payable semiannually or annually.

     If such bonds are sold by sealed bids at public sale, notice of the sale shall be published at least one time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, selected by the commission.

     The commission, when issuing any bonds under the authority of this section, may provide that bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

     (7)  The bonds issued under the provisions of this section are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged.  If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated.  All such bonds shall contain recitals on their faces substantially covering the provisions of this subsection.

     (8)  Upon the issuance and sale of bonds under the provisions of this section, the commission shall transfer the proceeds of any such sale or sales to the Energy Infrastructure Revolving Loan Fund created in Section 57-40-3, Mississippi Code of 1972.  The proceeds of such bonds shall be disbursed solely upon the order of the Mississippi Development Authority under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds.

     (9)  The bonds authorized under this section may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required by this section.  Any resolution providing for the issuance of bonds under the provisions of this section shall become effective immediately upon its adoption by the commission, and any such resolution may be adopted at any regular or special meeting of the commission by a majority of its members.

     (10)  The bonds authorized under the authority of this section may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds.  The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

     (11)  Any holder of bonds issued under the provisions of this section or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted under this section, or under such resolution, and may enforce and compel performance of all duties required by this section to be performed, in order to provide for the payment of bonds and interest thereon.

     (12)  All bonds issued under the provisions of this section shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

     (13)  Bonds issued under the provisions of this section and income therefrom shall be exempt from all taxation in the State of Mississippi.

     (14)  The proceeds of the bonds issued under this section shall be used solely for the purposes therein provided, including the costs incident to the issuance and sale of such bonds.

     (15)  The State Treasurer is authorized, without further process of law, to certify to the Department of Finance and Administration the necessity for warrants, and the Department of Finance and Administration is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accreted value of, all bonds issued under this section; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest thereon, on the due dates thereof.

     (16)  This section shall be deemed to be full and complete authority for the exercise of the powers therein granted, but this section shall not be deemed to repeal or to be in derogation of any existing law of this state.

SECTION 13.  (1)  The division shall be responsible for compiling an ongoing basis data related to the energy resources, both natural and manmade, of the State of Mississippi. This information shall be compiled from trusted and verified sources for the purposes of aggregation for analysis and dissemination to partners and the public with the intent to maximize the energy resources of the state.

     (2)  Biomass resources.  The division shall be responsible for maintaining a current database and map of biomass feedstocks found in the State of Mississippi.  The division shall work with the Mississippi Forestry Commission, the Department of Agriculture, the institutions of higher learning, and other knowledgeable partners to produce and maintain accurate data on the renewable biomass resources of the state.  The division shall analyze the date and prepare reports on a regular basis in order to highlight and promote the biomass resources of the state.

     (3)  Energy infrastructure.  The division shall be responsible for maintaining a current database and map of the infrastructure that transports energy fuels and products across the state.  The division shall analyze the data and prepare reports on a regular basis in order to highlight and promote the energy infrastructure of the state.

     (4)  Energy production and reserves.  The division shall be responsible for maintaining information from all readily available resources on the energy production capacity in the state.  The division shall maintain information on the energy reserves of the state.

     (5)  Reports and publications.  The division shall produce reports, white papers, or articles for placement in targeted publications that include information to promote Mississippi as a leader in the energy sector.

     SECTION 14.  Section 57-39-15, Mississippi Code of 1972, which provides for the submission of the Mississippi Energy Plan to the Legislature, is hereby repealed.

     SECTION 15.  Section 57-39-17, Mississippi Code of 1972, which provides additional programs and activities of the Board of Energy and Transportation, is hereby repealed.

     SECTION 16.  Section 57-39-23, Mississippi Code of 1972, which provides for limitations on disclosure of proprietary information, is hereby repealed.

     SECTION 17.  Section 57-39-25, Mississippi Code of 1972, which provides criminal penalties for the failure to submit certain information, is hereby repealed.

     SECTION 18.  Section 57-39-27, Mississippi Code of 1972, which requires the Board of Energy and Transportation to prescribe policies as to energy efficiency and allocation of petroleum products, is hereby repealed.

     SECTION 19.  Section 57-39-29, Mississippi Code of 1972, which designates the board as the State office of Petroleum Allocation, is hereby repealed.  

     SECTION 20.  Section 57-39-31, Mississippi Code of 1972, which requires the Board of Energy and Transportation to administer the state set-aside program, is hereby repealed.

     SECTION 21.  Section 57-39-33, Mississippi Code of 1972, which provides the board with sole authority to establish priorities among users and consumers of allocated products, is hereby repealed.

     SECTION 22.  Section 57-39-35, Mississippi Code of 1972, which prohibits the establishment of priorities by local government or supplier without board approval, is hereby repealed.

     SECTION 23.  Section 57-39-41, Mississippi Code of 1972, which requires the board to prepare a plan for establishing central motor pool, is hereby repealed.

     SECTION 24.  Section 57-39-105, Mississippi Code of 1972, which requires the Department of Economic and Community Development to develop and implement a general energy management plan, is hereby repealed.

     SECTION 25.  Section 57-39-107, Mississippi Code of 1972, which requires the Department of Finance and Administration to submit data regarding energy consumption, is hereby repealed.

     SECTION 26.  Section 57-39-111, Mississippi Code of 1972, which requires state agencies to submit energy management plans, is hereby repealed.

     SECTION 27.  Section 57-39-113, Mississippi Code of 1972, which allows for a smaller percentage reduction goal for qualifying agencies, is hereby repealed.

     SECTION 28.  Section 57-39-115, Mississippi Code of 1972, which requires an annual report on energy reduction programs, is hereby repealed.

     SECTION 29.  Section 57-39-201, Mississippi Code of 1972, which authorizes loans for school energy conservation programs, is hereby repealed.

     SECTION 30.  Section 57-39-203, Mississippi Code of 1972, which describes the process for approval of loans and repayment, is hereby repealed.

     SECTION 31.  Section 57-39-205, Mississippi Code of 1972, which allows for the forfeiture of homestead exemption in the case of a loan default, is hereby repealed.

     SECTION 32.  This act shall take effect and be in force from and after July 1, 2013.

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