Senate Bill 2814

AN ACT TO CREATE THE MISSISSIPPI WATER QUALITY COMMISSION FOR THE PURPOSE OF PROVIDING OVERSIGHT TO LOCAL GOVERNMENTS AND NON-PROFIT 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 NON-PROFIT ENTITY RESPONSIBLE FOR THE ADMINISTRATION OF A WATER OR SEWER SYSTEM TO NOTIFY THE COMMISSION UPON RECEIVING A VIOLATION NOTICE OF ANY RELATED SATE OR FEDERAL LAW; TO AUTHORIZE THEH 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 benefit of citizens throughout the state, it is essential for local governments and other non-profit 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 non-profit 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 non-voting, ex-officio capacity; and

(d) The Executive Director of the Mississippi Department of Environmental Quality, or his designee, who shall serve in a non-voting 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 sixty (60) 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. 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 non-profit 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 non-profit entity.

(3) Any local government or non-profit entity charged with such a violation shall provide a copy of all documents and information provided to the state or federal agency issuing the violation to the commission, including any remediation plan. (4) The commission shall be responsible for providing oversight over any state funds provided to a local government or non-profit entity charged with such a violation related to remediation of the violation or creating or maintaining an efficient, safe, and reliable water or sewer system, or both.

(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 its passage.