Senate Bill 2814

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE MISSISSIPPI WATER QUALITY COMMISSION FOR THE PURPOSE OF PROVIDING OVERSIGHT TO LOCAL GOVERNMENTS AND NONPROFIT ENTITIES IN ORDER TO CREATE OR MAINTAIN EFFICIENT, SAFE, AND RELIABLE WATER AND SEWER SYSTEMS FOR CITIZENS; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO REQUIRE ANY LOCAL GOVERNMENT OR NONPROFIT ENTITY WHICH VIOLATES THE MAXIMUM CONTAMINANT LEVEL UNDER THE SAFE DRINKING WATER ACT TO PROVIDE THE COMMISSION A COPY OF ALL DOCUMENTS RELATING TO SUCH VIOLATIONS; TO AUTHORIZE THE COMMISSION TO PROMULGATE RULES AND REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSE OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It is hereby determined and declared to be the policy of the state, that, for the health and welfare of citizens throughout the state, it is essential for local governments and other nonprofit entities to provide efficient, safe, and reliable water and sewer systems which are compliant with all relevant state and federal laws, including the Safe Drinking Water Act.

(2) There is hereby created the Mississippi Water Quality Commission for the purpose of providing oversight where state resources are provided to local governments and nonprofit entities in order to create and maintain efficient, safe, and reliable water and sewer systems for citizens.

SECTION 2. (1) The commission shall be composed of the following seven (7) members:

(a) Three (3) members appointed by the Governor, with the advice and consent of the Senate;

(b) Two (2) members appointed by the Lieutenant Governor, with the advice and consent of the Senate;

(c) The Executive Director of the Mississippi Department of Health, or his designee, who shall serve in a nonvoting, ex officio capacity; and

(d) The Executive Director of the Mississippi Department of Environmental Quality, or his designee, who shall serve in a nonvoting ex-officio capacity.

(2) To be eligible for appointment, all members must be residents of the State of Mississippi. At least one (1) appointment by the Governor and one (1) appointment by the Lieutenant Governor shall have experience in a management role with an investor-owned utility possessing a Certificate of Public Convenience and Necessity from the Mississippi Public Service Commission. During the appointment process, the Governor and Lieutenant Governor shall attempt to see that all portions of society and its diversity are represented in members of the commission.

(3) All appointments shall be made within thirty (30) days of the effective date of this act. At the first meeting, the commission shall elect from among its membership a chairman, a vice chairman and any other officers determined to be necessary and shall adopt rules for keeping records.

(4) The commission shall meet at least monthly and may meet in a virtual setting, provided such meeting is available for public viewing. A majority of the members of the commission shall constitute a quorum. In the adoption of rules, resolutions, and reports, and in the election of a chairman, vice chairman and any other officers determined to be necessary, an affirmative vote of a majority of the members present shall be required.

(5) The initial terms of the members of the commission shall be as follows:

(a) The Governor shall appoint one (1) member for a term of four (4) years, one (1) for a term of two (2) years and one (1) member for a term of one (1) year.

(b) The Lieutenant Governor shall appoint one (1) member for a term of four (4) years and one (1) member for a term of three (3) years.

(6) Except as provided in subsection (5) of this section, appointments shall be for a term of four (4) years. Each member shall hold office until his successor has been appointed and qualified. Vacancies shall be filled by appointment by the appropriate appointing authority, subject to the advice and consent of the Senate, for the length of the unexpired term only. Any member of the commission shall be eligible for reappointment.

(7) Members of the commission shall receive per diem authorized by Section 25-3-69, plus actual and necessary expenses and mileage as authorized by Section 25-3-41, for each day actually spent in attending the meetings of the commission. The expenses of the commission shall be paid out of any funds available for the operation of the Mississippi Department of Environmental Quality.

(8) The Executive Director of the Mississippi Department of Environmental Quality shall provide the staff and other support necessary for the commission to perform its duties.

SECTION 3. (1) Any local government or nonprofit entity responsible for the administration of a water or sewer system, or both, in the state shall immediately notify the commission upon receiving a violation notice of any related state or federal law, including the Safe Drinking Water Act.

(2) The commission shall provide public notice of any such violation of a relevant state or federal law, including the Safe Drinking Water Act, provided to the commission by a local government or nonprofit entity.

(3) Any local government or nonprofit entity which violates the Maximum Contaminant Level allowed under the Safe Drinking Water Act shall provide a copy of all documents and information provided to the Environmental Protection Agency or other state or federal agency related to the violation to the commission, including any voluntary or required remediation plan.

(4) The commission shall be responsible for providing oversight over any state funds, excluding funds provided by the state from the federal American Rescue Plan Act of 2021, Public Law 117-2, provided to a local government or nonprofit entity that has been charged with a Maximum Contaminant Level violation. Oversight shall include requiring a plan from the local government or nonprofit entity for expenditure of any state funds and authorizing all expenditures through official action before state funds are obligated or spent. State funds overseen by the commission and granted to the local government or nonprofit entity may not be used for administrative purposes or consulting fees. The commission may authorize a reimbursement process if necessary to maintain oversight over state funds.

(5) The commission may accept and expend such monies as may be appropriated by the Legislature or such monies as may be received from any source, for effectuating its purposes.

(6) The commission shall promulgate rules, regulations and procedures to effectuate the purposes of this act.

SECTION 4. The members of the commission, nor any person or persons acting on their behalf, while acting within the scope of their authority, shall not be subject to personal liability resulting from carrying out any of the powers granted herein in accordance with his or her good-faith belief that he or she is acting in the best interests of the commission.

SECTION 5. This act being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof. If any section, provision, paragraph, sentence, phrase or word of this act shall be held invalid by any court of competent jurisdiction, the remainder of this act shall not be affected thereby.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.