MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Utilities
By: Representative Ladner
AN ACT TO REQUIRE THE PUBLIC SERVICE COMMISSION TO REQUIRE ANY WATER OR SEWAGE DISPOSAL SERVICE BY NONPROFIT CORPORATIONS OR ASSOCIATIONS WHERE THE GOVERNING BODY OF SUCH CORPORATION OR ASSOCIATION IS ELECTED BY THE CONSUMERS THEREOF OR APPOINTED BY THE COUNTY BOARD OF SUPERVISORS TO MAKE CERTAIN ANNUAL FILINGS; TO AMEND SECTION 77-3-5, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For any water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors, the Mississippi Public Service Commission shall require that such entities annually file with the commission the following information:
(a) Copies of meeting minutes;
(b) Bylaws including any amendments since the last filing;
(c) Names and addresses of officers;
(d) Audited financial statements for the most recently completed fiscal year;
(e) Results of any water tests conducted by the State Department of Health or any federal regulator; and
(f) Any other information the commission deems necessary to provide the public with sufficient information to determine that the entity is performing effectively and efficiently.
(2) The commission may establish any rules, forms or reporting standards necessary to implement this section, and may issue any process necessary to obtain compliance with the requirements of this section.
SECTION 2. Section 77-3-5, Mississippi Code of 1972, is amended as follows:
77-3-5. (1) Notwithstanding any other provision of law, and subject only to the limitations imposed in this chapter and in accordance with the provisions of this chapter, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities and, for purposes of clarification of the existing scope of said exclusive original jurisdiction, such exclusive original jurisdiction extends, but is not limited to: the establishment of retail rates; challenges, including customer complaints, to the amount of a retail rate or customer bill or whether such rate is just and reasonable; and challenges to the validity or accuracy of rates charged by a public utility, or to the accuracy or reliability of information submitted to the Public Service Commission by a public utility or other person in support of or in opposition to a proposed or approved rate, regardless of the legal theory upon which any such challenge is made. However, the commission shall not have jurisdiction over the production and gathering of natural gas or the sale of natural gas in or within the vicinity of the field where produced, or over the facilities and equipment utilized in any such operations, including, but not limited to, such facilities as separators, scrubbers and gasoline plants of all types. Further, the commission shall not have jurisdiction over the governance, management or other internal affairs of entities as described by paragraphs (b) and (c) below. Moreover, the commission shall not have jurisdiction to regulate the rates for the sales and/or distribution:
(a) Of gas, water, electricity or sewage disposal services by municipalities to such persons as said municipalities are authorized by law to serve;
(b) Of gas or electricity by cooperative gas or electric power associations to the members thereof as consumers, except as provided by Section 77-3-17, where service is rendered in a municipality;
(c) Of water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors; or
(d) Of water by districts organized under the provisions of Chapter 45, Laws of 1966-1967, Extraordinary Session.
(2) The Mississippi Public Service Commission shall require and enforce the provisions of Section 1 of this act regarding any water or sewage disposal service by nonprofit corporations or associations where the governing body of such corporation or association is elected by the consumers thereof or appointed by the county board of supervisors.
SECTION 3. This act shall take effect and be in force from and after July 1, 2023.