MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Health and Human Services

By: Representatives Rushing, Ladner

House Bill 742

AN ACT TO AMEND SECTION 41-26-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE BOARD OF HEALTH SHALL NOT REQUIRE COMMUNITY PUBLIC WATER SYSTEMS, NONTRANSIENT, NONCOMMUNITY PUBLIC WATER SYSTEMS, PUBLIC WATER SYSTEMS OR SEMI-PUBLIC WATER SYSTEMS TO FLUORIDATE WATER OR TO ACQUIRE AND INSTALL FLUORIDATION TREATMENT EQUIPMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-26-6, Mississippi Code of 1972, is amended as follows:

     41-26-6.  (1)  The board may adopt rules and regulations governing public water systems, but those rules and regulations shall, except as expressly required by law, be no more stringent or extensive in scope, coverage and effect than regulations promulgated by the United States Environmental Protection Agency.

     (2)  If federal regulations do not provide a standard, criteria or guidance addressing public water systems, the board may promulgate rules and regulations to address these matters when the board determines that the rules and regulations are necessary to protect the public health and welfare.

     (3)  Nothing in this section, except subsection (4), shall prohibit the director by order or in the approval of plans for construction or changes from placing additional requirements on a public water system on a case-by-case basis in order to provide for the quantity and quality of drinking water or to protect the public health and welfare.

     (4)  Notwithstanding the provisions of this section, the board shall not require a community public water system, a nontransient, noncommunity public water system, a public water system or a semi-public water system to fluoridate its water or to acquire and install flouridation treatment equipment.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.