Senate Bill 3410

(As Sent to Governor)

AN ACT TO AUTHORIZE THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BRANDON, MISSISSIPPI, AND THE BOARD OF DIRECTORS OF THE WEST RANKIN UTILITY AUTHORITY TO JOINTLY OR INDEPENDENTLY ENTER INTO ONE OR MORE CONTRACTS OR AGREEMENTS WITH A DEVELOPER OR OPERATOR OF A DATA CENTER OR RELATED TECHNOLOGY FACILITY, AND WITH EACH OTHER, FOR THE PLANNING, DESIGN, CONSTRUCTION, INSTALLATION, OPERATION, AND MAINTENANCE OF WATER AND WASTEWATER INFRASTRUCTURE, WHERE SUCH DEVELOPER OR OPERATOR AGREES TO REIMBURSE THE CITY AND AUTHORITY, FROM THE DEVELOPER'S OR OPERATOR'S OWN FUNDS ON A PROGRESS PAYMENT BASIS, THE COSTS OF THE CITY AND/OR THE AUTHORITY OF CONSTRUCTING IMPROVEMENTS TO THEIR RESPECTIVE WATER AND WASTEWATER INFRASTRUCTURE FOR THE PURPOSES OF ENTERING INTO SUCH CONTRACTS OR AGREEMENTS; TO AUTHORIZE THE DELIVERY OF RECLAIMED WATER FOR COOLING, INDUSTRIAL, OR OPERATIONAL PURPOSES TO SUCH FACILITY AND THE COLLECTION AND CONVEYANCE OF WASTEWATER FOR TREATMENT AND DISPOSAL; TO AUTHORIZE SUCH AGREEMENTS FOR A PRIMARY TERM NOT TO EXCEED 30 YEARS, WITH OPTIONS TO RENEW; TO AUTHORIZE PROVISIONS FOR AGREEMENT ASSIGNABILITY, VOLUMETRIC CAPACITY GUARANTEES, AND THE ESTABLISHMENT OF RATES AND CHARGES; AND FOR RELATED PURPOSES.

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

SECTION 1. As used in this act, the following terms shall have the meanings ascribed to them in this section unless a different meaning is clearly indicated by the context in which they are used:

(a) "Authority" means the West Rankin Utility Authority.

(b) "Board" means the board of directors of the authority.

(d) "Governing body" means the mayor and board of aldermen of the city.

SECTION 2. Notwithstanding Chapter 27, Title 21, Mississippi Code of 1972, Chapter 977, Local and Private Laws of 1994, or any other provisions of law to the contrary, the governing body and the board, in their discretion, are authorized to jointly or independently enter into one or more contracts or agreements with a developer or operator of a data center or related technology facility, and with each other, for the planning, design, construction, installation, operation, and maintenance of water and wastewater infrastructure, including, but not limited to, pipelines, pump stations, and related appurtenances, where such developer or operator agrees to reimburse the city and/or the authority, from the developer's or operator's own funds on a progress payment basis, the costs of the city and/or the authority of constructing improvements to their respective water and wastewater infrastructure for the purposes of entering into such contracts or agreements.

SECTION 3. Such agreements may provide for the delivery of reclaimed water for cooling, industrial, or operational purposes to such facility, and for the collection, conveyance, and treatment of wastewater from such facility.

SECTION 4. Any contract or agreement authorized under this act may be for a primary term not to exceed thirty (30) years, with options to renew at ten-year intervals which in the aggregate do not exceed thirty (30) years. Conditioned upon the developer or operator agreeing to pay, from its own funds on a progress payment basis, the costs of the city and/or the authority of constructing improvements to their respective water and wastewater infrastructure for the purposes of entering into such contracts or agreements, such agreements may include provisions:

(a) Granting the developer or operator the right to assign the agreement to an affiliate, successor, or purchaser of the facility;

(b) Regarding specific water supply volumes and wastewater treatment capacity, for the duration of the agreement; and

SECTION 5. This act shall take effect and be in force from and after its passage.