MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Energy; Accountability, Efficiency, Transparency
By: Senator(s) Hill, Smith
AN ACT TO AMEND SECTION 49-17-703, MISSISSIPPI CODE OF 1972, TO STATE LEGISLATIVE INTENT AND FINDINGS; TO AMEND SECTION 49-17-705, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS; TO AMEND SECTION 49-17-715, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE GEORGE COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-719, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE PEARL RIVER COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-723, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE STONE COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-727, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE HARRISON COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-731, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE JACKSON COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-735, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE HANCOCK COUNTY UTILITY AUTHORITY AND TO LIMIT ITS SERVICE AREA TO ITS CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY; TO AMEND SECTION 49-17-743, MISSISSIPPI CODE OF 1972, TO CLARIFY THE GENERAL POWERS AND DUTIES OF THE COUNTY UTILITY AUTHORITIES AND THE POWER OF EMINENT DOMAIN; TO AMEND SECTION 49-17-745, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY UTILITY AUTHORITY MAY OPERATE SYSTEMS WITHIN ITS SERVICE AREA; TO AMEND SECTION 49-17-751, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY OF OTHER UTILITIES MAY BE TRANSFERRED TO A COUNTY AUTHORITY; 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 coordination and
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 * * * facilitate 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.
It is the intent of the Legislature that the county utility authorities provide a leadership role in facilitating voluntary cooperation between water, sewer, and storm water service providers in establishing countywide standards for these services, planning to meet existing and future service needs in the most cost-effective and environmentally friendly manner, and assisting in implementing plans.
SECTION 2. Section 49-17-705, Mississippi Code of 1972, is amended as follows:
49-17-705. Words and phrases used in this act shall have meanings as follows:
(a) "Act" means the Mississippi Gulf Coast Region Utility Act.
(b) "Bonds" mean interim notes having a maturity of three (3) years or less, revenue bonds and other certificates of indebtedness of the authority issued under the provisions of this act.
(c) "County authority" means a county utility authority created in the Gulf Coast Region under this act.
(d) "Fiscal year" means the period of time beginning on October 1 of each year and ending on September 30 of each year.
(e) "Gulf Coast Region" means the areas encompassed by the Counties of George, Hancock, Harrison, Jackson, Pearl River and Stone.
(f) "Municipality" means any incorporated city, town or village of the State of Mississippi, whether operating under general law or under special charter, lying wholly or partly within the Gulf Coast Region.
(g) "Person" means the State of Mississippi, a county, a municipality, any public agency, or any other city, town, village or political subdivision or governmental agency, governmental instrumentality of the State of Mississippi or of the United States of America, or any private utility, individual, co-partnership, association, firm, trust, estate or any other entity whatsoever.
(h) "Project" means the construction, development or acquisition by the county authority or county authorities of any infrastructure for water, wastewater and storm water systems or services and includes upgrading or repair of existing systems.
(i) "Public agency" means any county, municipality, state board or commission owning or operating properties, district created pursuant to the general laws or local and private laws of the State of Mississippi, or other political subdivision of the State of Mississippi having the power to own and operate waterworks, water supply systems, sewerage systems, sewage treatment systems or other facilities or systems for the collection, transportation and treatment of water, wastewater and storm water.
(j) "Service area" is the certificated area for water and sewer services awarded to the county utility authority in the certificate of public convenience and necessity issued by the Mississippi Public Service Commission. "Service area" for storm water is the territory delegated to the county utility authority in a written memorandum of understanding by the county or cities within the county.
( * * *k) "Storm water" means any
flow occurring during or following any form of natural precipitation and
resulting from that precipitation.
( * * *l) "System" or
"systems" means any plants, structures, facilities and other real and
personal property, used or useful in the generation, storage, transportation or
supply of water, and the collection, transportation, treatment or disposal of
wastewater and storm water, including, but not limited to, tanks, lakes,
streams, ponds, pipes, trunk lines, mains, sewers, conduits, pipelines, pumping
and ventilating stations, plants and works, connections and any other real and
personal property and rights therein necessary, useful or convenient for the
purposes of the utility board or authorities in connection therewith.
( * * *m) "Wastewater" means water
being disposed of by any person and which is contaminated with waste or sewage,
including industrial, municipal and any other wastewater that may cause
impairment of the quality of the waters in the state.
( * * *n) "Water" means potable
water, service water and groundwater.
( * * *o) "Utility board" means the
Mississippi Gulf Coast Region Utility Board.
SECTION 3. Section 49-17-715, Mississippi Code of 1972, is amended as follows:
49-17-715. (1) There is
hereby created and established a public body corporate and politic constituting
a political subdivision of the State of Mississippi to be known as the
"George County Utility Authority," unless the George County Board of
Supervisors dissolves the authority by January 1, 2007, as provided in
subsection (2). The authority will be composed of the geographic area of
George County as defined in Section 19-1-39, Mississippi Code of 1972, for the voluntary
countywide planning, acquisition, construction, maintenance, operation and
coordination of water, wastewater and storm water systems in order to * * * facilitate the delivery of water,
wastewater and storm water services to citizens residing within the boundaries
of George County. For the direct or indirect provision of water,
wastewater, or storm water services, the authority shall consist of the service
areas as defined in Section 49-17-705. The George County Utility Authority
shall be deemed to be acting in all respects for the benefit of the people of
the state in the performance of essential public functions, and the George
County Utility Authority shall be empowered in accordance with the provisions
of this act to promote the health, welfare and prosperity of the general
public.
* * *
( * * *2) If the county authority is
dissolved, 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.
SECTION 4. Section 49-17-719, Mississippi Code of 1972, is amended as follows:
49-17-719. There is hereby
created and established a public body corporate and politic constituting a
political subdivision of the State of Mississippi to be known as the
"Pearl River County Utility Authority." The authority is composed of
the geographic area of Pearl River County as defined in Section 19-1-109,
Mississippi Code of 1972, for the voluntary countywide planning,
acquisition, construction, maintenance, operation and coordination of water,
wastewater and storm water systems in order to * * * facilitate the delivery of water,
wastewater and storm water services to citizens residing within the boundaries
of Pearl River County. For the direct or indirect provision of water,
wastewater, or storm water services, the authority shall consist of the service
areas as defined in Section 49-17-705. The Pearl River County Utility
Authority shall be deemed to be acting in all respects for the benefit of the
people of the state in the performance of essential public functions, and the
Pearl River County Utility Authority shall be empowered in accordance with the
provisions of this act to promote the health, welfare and prosperity of the
general public.
SECTION 5. Section 49-17-723, Mississippi Code of 1972, is amended as follows:
49-17-723. There is hereby
created and established a public body corporate and politic constituting a
political subdivision of the State of Mississippi to be known as the
"Stone County Utility Authority." The authority is composed of the
geographic area of Stone County as defined in Section 19-1-131, Mississippi
Code of 1972, for the voluntary countywide planning, acquisition,
construction, maintenance, operation and coordination of water, wastewater and
storm water systems in order to * * * facilitate the delivery of water,
wastewater and storm water services to citizens residing within the boundaries
of Stone County. For the direct or indirect provision of water, wastewater,
or storm water services, the authority shall consist of the service areas as
defined in Section 49-17-705. The Stone County Utility Authority shall be
deemed to be acting in all respects for the benefit of the people of the state
in the performance of essential public functions, and the Stone County Utility
Authority shall be empowered in accordance with the provisions of this act to
promote the health, welfare and prosperity of the general public.
SECTION 6. Section 49-17-727, Mississippi Code of 1972, is amended as follows:
49-17-727. (1) There is
hereby created and established a public body corporate and politic constituting
a political subdivision of the State of Mississippi to be known as the
"Harrison County Utility Authority." The authority is composed of
the geographic area of Harrison County as defined in Section 19-1-47,
Mississippi Code of 1972, for the voluntary countywide planning,
acquisition, construction, maintenance, operation and coordination of water,
wastewater, storm water and solid waste systems in order to * * * facilitate the delivery of water,
wastewater, storm water and solid waste services to citizens residing within
the boundaries of Harrison County. For the direct or indirect provision of
water, wastewater, or storm water services, the authority shall consist of the
service areas as defined in Section 49-17-705.
(2) Within thirty (30) days of April 18, 2006, the Harrison County Utility Authority and the Harrison County Wastewater and Solid Waste Management District shall consolidate into a single agency, to be known as the Harrison County Utility Authority, which shall be a continuance of the corporate existence of the Harrison County Wastewater and Solid Waste Management District. Such consolidation shall be effective by the concurrent resolution of the Harrison County Wastewater and Solid Waste Management District and the Harrison County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Harrison County Wastewater and Solid Waste Management District and the Harrison County Utility Authority.
(3) Upon consolidation, the following shall apply:
(a) All property, rights and powers of the Harrison County Wastewater and Solid Waste Management District are hereby vested in and shall be exercised by the Harrison County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Harrison County Wastewater and Solid Waste Management District;
(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Harrison County Wastewater and Solid Waste Management District are hereby imposed upon the Harrison County Utility Authority. Any property of the Harrison County Wastewater and Solid Waste Management District in which a mortgage or security interest has been granted to any bondholders or other creditors of the Harrison County Wastewater and Solid Waste Management District shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Harrison County Wastewater and Solid Waste Management District and persons having claims against or contracts with the Harrison County Wastewater and Solid Waste Management District of any kind or character may enforce those debts, claims and contracts against the Harrison County Utility Authority in the same manner as they might have against the Harrison County Wastewater and Solid Waste Management District, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;
(c) All regulations of the Harrison County Wastewater and Solid Waste Management District shall continue to be in effect as the regulations of the Harrison County Utility Authority until amended, supplemented or rescinded by the authority in accordance with law; and
(d) All employees of the Harrison County Wastewater and Solid Waste Management District shall become employees of the Harrison County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
SECTION 7. Section 49-17-731, Mississippi Code of 1972, is amended as follows:
49-17-731. (1) There is
hereby created and established a public body corporate and politic constituting
a political subdivision of the State of Mississippi to be known as the
"Jackson County Utility Authority." The authority is composed of the
geographic area of Jackson County as defined in Section 19-1-59, Mississippi
Code of 1972, for the voluntary countywide planning, acquisition,
construction, maintenance, operation and coordination of water and wastewater
systems in order to * * *
facilitate the delivery of water and wastewater services to citizens
residing within the boundaries of Jackson County. For the direct or
indirect provision of water, wastewater, or storm water services, the authority
shall consist of the service areas as defined in Section 49-17-705.
(2) Within thirty (30) days of April 18, 2006, the Jackson County Utility Authority and the Mississippi Gulf Coast Regional Wastewater Authority shall consolidate into a single agency, to be known as the Jackson County Utility Authority, which shall be a continuance of the corporate existence of the Mississippi Gulf Coast Regional Wastewater Authority. Such consolidation shall be effective by the concurrent resolution of the Mississippi Gulf Coast Regional Wastewater Authority and the Jackson County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Mississippi Gulf Coast Regional Wastewater Authority and the Jackson County Utility Authority.
(3) Upon consolidation the following shall apply:
(a) All property, rights and powers of the Mississippi Gulf Coast Regional Wastewater Authority are hereby vested in and shall be exercised by the Jackson County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Mississippi Gulf Coast Regional Wastewater Authority;
(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Mississippi Gulf Coast Regional Wastewater Authority are hereby imposed upon the Jackson County Utility Authority. Any property of the Mississippi Gulf Coast Regional Wastewater Authority in which a mortgage or security interest has been granted to any bondholders or other creditors of the Mississippi Gulf Coast Regional Wastewater Authority shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Mississippi Gulf Coast Regional Wastewater Authority and persons having claims against or contracts with the Mississippi Gulf Coast Regional Wastewater Authority of any kind or character may enforce those debts, claims and contracts against the Jackson County Utility Authority in the same manner as they might have against the Mississippi Gulf Coast Regional Wastewater Authority, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;
(c) All regulations of the Mississippi Gulf Coast Regional Wastewater Authority not in conflict with this act shall continue to be in effect as the regulations of the Jackson County Utility Authority until amended, supplemented or rescinded by the Jackson County Utility Authority in accordance with law; and
(d) All employees of the Mississippi Gulf Coast Regional Wastewater Authority shall become employees of the Jackson County Utility Authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
SECTION 8. Section 49-17-735, Mississippi Code of 1972, is amended as follows:
49-17-735. (1) There is
hereby created and established a public body corporate and politic constituting
a political subdivision of the State of Mississippi to be known as the
"Hancock County Utility Authority." The authority is composed of the
geographic area of Hancock County as defined in Section 19-1-59, Mississippi
Code of 1972, for the voluntary countywide planning, acquisition,
construction, maintenance, operation and coordination of water, wastewater and
storm water systems in order to * * * facilitate the delivery of water,
wastewater and storm water services to citizens residing within the boundaries
of Hancock County. For the direct or indirect provision of water,
wastewater, or storm water services, the authority shall consist of the service
areas as defined in Section 49-17-705.
(2) Within thirty (30) days of April 18, 2006, the Hancock County Utility Authority and the Southern Regional Wastewater Management District shall consolidate into a single agency, to be known as the Hancock County Utility Authority, which shall be a continuance of the corporate existence of the Southern Regional Wastewater Management District. Such consolidation shall be effective by the concurrent resolution of the Southern Regional Wastewater Management District and the Hancock County Utility Authority and the filing of a copy of such concurrent resolution with the Secretary of State, certified by the Secretary of the Southern Regional Wastewater Management District and the Hancock County Utility Authority.
(3) Upon consolidation, the following shall apply:
(a) All property, rights and powers of the Southern Regional Wastewater Management District are hereby vested in and shall be exercised by the Hancock County Utility Authority, subject, however to all pledges, covenants, agreements and trusts made or created by the Southern Regional Wastewater Management District;
(b) All debts, liabilities, obligations, agreements, contracts and covenants of the Southern Regional Wastewater Management District are hereby imposed upon the Hancock County Utility Authority. Any property of the Southern Regional Wastewater Management District in which a mortgage or security interest has been granted to any bondholders or other creditors of the Southern Regional Wastewater Management District shall continue to be subject to the mortgage or security interest until the mortgage or security interest is defeased or terminated in accordance with its terms. All bondholders and other creditors of the Southern Regional Wastewater Management District and persons having claims against or contracts with the Southern Regional Wastewater Management District of any kind or character may enforce those debts, claims and contracts against the authority in the same manner as they might have against the Southern Regional Wastewater Management District, and the rights and remedies of those bondholders, creditors, and persons having claims or contracts shall not be limited or restricted in any manner by this act;
(c) All regulations of the Southern Regional Wastewater Management District not in conflict with this act shall continue to be in effect as the regulations of the Hancock County Utility Authority until amended, supplemented or rescinded by the Hancock County Utility Authority in accordance with law; and
(d) All employees of the Southern Regional Wastewater Management District shall become employees of the authority. Nothing in this act shall affect the civil service status, if any, of those employees or their rights, privileges, obligations or status with respect to any pension or retirement system.
SECTION 9. Section 49-17-743, Mississippi Code of 1972, is amended as follows:
49-17-743. (1) The county utility authorities are created:
(a) To provide, directly or indirectly, water, wastewater and storm water service to those portions of the counties that are not already provided with these services by other public utilities;
(b) To function as a forum for the cities, quasi-public associations and private utility companies to collaborate and cooperate on a voluntary basis regarding water, wastewater and storm water issues;
(c) To assist in the efficient management of water, wastewater and storm water resources;
(d) To develop standards and recommendations pertaining to water, wastewater and storm water systems;
(e) To provide assistance, funding and guidance to the water, wastewater and storm water providers in the counties; and
(f) To assist in the identification of the best means to meet all present and future water, wastewater and storm water needs in the counties.
(2) From and after April 18, 2006, each and every county authority shall have, in addition to any other powers granted under any other provision of law, including, but not limited to, the following:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) To adopt an official seal and alter the same at pleasure;
(g) 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;
(h) To maintain office space at such place or places within the county authority boundaries as it may determine;
(i) 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;
(j) 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;
(k) 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;
(l) 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;
(m) 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;
(n) 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;
(o) 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;
(p) 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;
(q) 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;
(r) To establish and maintain 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 not be subject to the jurisdiction of the Mississippi Public Service Commission;
(s) To adopt rules and regulations necessary to accomplish the purposes of the county authority and to assure the payment 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;
(t) To enter 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;
(u) 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;
(v) To control and operate 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 not be under the control or regulation of the Mississippi Public Service Commission;
(w) 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;
* * *
( * * *x) 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;
( * * *y) To refuse to receive water,
wastewater or storm water from any public agency or person; and
( * * *z) 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 * * *
service area 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 April 18, 2006, is paid in full.
(3) (a) 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.
(b) The power of eminent domain may not be exercised upon any certificated area in existence on the passage of this act.
SECTION 10. Section 49-17-745, Mississippi Code of 1972, is amended as follows:
49-17-745. (1) 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.
(2) 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) 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) 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) * * * 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.
* * *
(6) Any system of any municipality, public agency or other persons which contracts with a county authority, shall be subject to the terms of that contract and the terms of this act.
(7) 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 its service area. 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) The county authority
may control and operate * * *the within its service area 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.
SECTION 11. Section 49-17-751, Mississippi Code of 1972, is amended as follows:
49-17-751. (1) 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 transferred 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 certificate of public convenience and necessity, 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 * * * transfer
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) The * * * 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.
SECTION 12. This act shall take effect and be in force from and after its passage.