Community Public Wastewater System Infrastructure Sustainability Act; create., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Utilities

By: Representative Powell

House Bill 1632

(As Sent to Governor)

AN ACT TO CREATE THE "COMMUNITY PUBLIC WASTEWATER
SYSTEM INFRASTRUCTURE SUSTAINABILITY ACT"; TO provide a statewide system
of accountability for COMMUNITY PUBLIC WASTEWATER systems; to provide for
rulemaking by the Mississippi Department of environmental quality AND The
Mississippi commission on environmental quality; to provide for development of
a letter grade schedule reflective of COMMUNITY PUBLIC WASTEWATER SYSTEM
quality and performance; to provide for publication of quality and performance
scores and letter grades; TO BRING FORWARD SECTION 49-2-9, MISSISSIPPI CODE OF
1972, WHICH RELATES TO THE COMMISSION ON ENVIRONMENTAL QUALITY FOR PURPOSES OF
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 49-2-13, MISSISSIPPI CODE OF 1972,
WHICH RELATES TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY, FOR PURPOSES OF
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 77-3-2 AND 77-3-5, MISSISSIPPI
CODE OF 1972, WHICH RELATE TO THE PUBLIC SERVICE COMMISSION'S POWERS, DUTIES
AND JURISDICTION; TO BRING FORWARD SECTION 19-5-175, MISSISSIPPI CODE OF 1972,
FOR PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 21-27-7, 21-27-13
AND 21-27-203, MISSISSIPPI CODE OF 1972, WHICH RELATE TO MUNICIPALLY OWNED
UTILITIES; TO BRING FORWARD SECTION 49-17-743, MISSISSIPPI CODE OF 1972, WHICH
RELATES TO THE POWERS OF COUNTY AUTHORITIES, FOR PURPOSE OF POSSIBLE AMENDMENT;
TO BRING FORWARD SECTION 49-17-745, MISSISSIPPI CODE OF 1972, WHICH RELATES TO
THE PROMULGATION OF RULES AND REGULATIONS RELATING TO OPERATION AND MAINTENANCE
OF COUNTY WATER AND WASTEWATER SYSTEMS, FOR PURPOSE OF POSSIBLE AMENDMENT; TO
BRING FORWARD SECTION 41-67-3, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE
MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW; TO CREATE THE
"COMMUNITY DRINKING WATER INFRASTRUCTURE SUSTAINABILITY ACT"; TO
PROVIDE A STATEWIDE SYSTEM OF ACCOUNTABILITY FOR COMMUNITY PUBLIC WATER
SYSTEMS; TO PROVIDE FOR RULEMAKING BY THE MISSISSIPPI BOARD OF HEALTH; TO
PROVIDE FOR DEVELOPMENT OF A LETTER GRADE SCHEDULE REFLECTIVE OF COMMUNITY PUBLIC
WATER SYSTEM QUALITY AND PERFORMANCE; TO PROVIDE FOR PUBLICATION OF QUALITY AND
PERFORMANCE SCORES AND LETTER GRADES; TO AMEND SECTION 19-5-151, MISSISSIPPI
CODE OF 1972, TO AUTHORIZE CERTAIN UTILITY DISTRICTS TO DISSOLVE WHENEVER A
MAJORITY OF THE LANDOWNERS OF ANY SUCH DISTRICT SIGN AND FILE WITH THE CLERK OF
THE CHANCERY COURT BY WHICH SUCH DISTRICT WAS ORGANIZED, OR IN THE COUNTY IN
WHICH SUCH DISTRICT WAS ORGANIZED, A PETITION FOR THE DISSOLUTION OF SUCH
DISTRICT; TO BRING FORWARD SECTION 19-5-165, MISSISSIPPI CODE OF 1972, WHICH
RELATES TO NEWLY FORMED WATER DISTRICT ASSETS AND LIABILITIES, FOR PURPOSES OF
POSSIBLE AMENDMENT; TO BRING FORWARD SECTIONS 41-3-15 AND 41-26-3, MISSISSIPPI
CODE OF 1972, WHICH RELATE TO THE STATE BOARD OF HEALTH, FOR PURPOSES OF
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1.
Sections 1 through 17 of this act shall be known and may be cited as the
"Wastewater Treatment System Infrastructure Sustainability Act".

SECTION 2.  For purposes of Sections 1 through 17 of this act, the
following words and phrases have the meanings as provided in this section
unless the context clearly indicates otherwise:

(a)  "Community
Public Wastewater System" means a public wastewater collection and/or
treatment system, whether publicly or privately owned, serving at least
fifteen (15) individual service connections used by year-round consumers or
regularly servicing at least twenty-five (25) individual consumers year-round.

(b)
"Department" means the Mississippi Department of Environmental
Quality.

(c)  "Person"
means an individual, corporation, company, association, partnership,
municipality or federal agency.

(d)
"Commission" means the Mississippi Commission on Environmental
Quality.

SECTION 3.
There is hereby established a Community Public Wastewater System accountability
process to:

(a)  Support Community
Public Wastewater System infrastructure sustainability for the citizens of
Mississippi.

(b)  Promote the
protection of the citizens of Mississippi from environmental hazards and
deficient service by assuring that wastewater collected and treated by
Community Public Wastewater System remains consistently managed at levels
essential for public health, safety, welfare, and long-term sustainability.

(c)  Establish a
transparent accountability process that creates clear standards and
expectations for Community Public Wastewater System so that assessment of their
quality, performance, and sustainability will be understood.

SECTION 4.
The department shall create and administer a statewide framework of
accountability for Community Public Wastewater Systems.  The framework shall
include a letter grade schedule based on, at minimum, compliance with state
and federal permits, operation and maintenance performance history and
infrastructure condition and compliance.

SECTION 5.
(1)  The commission shall promulgate rules and regulations to establish
and implement the Community Public Wastewater System letter grade schedule
provided for in Sections 1 through 17 of this act.

Such rules and regulations
shall provide clear and appropriate point values for each standard set forth in
this section and other assessed criteria as determined by the department that
is used to calculate the Community Public Wastewater System's letter grade.
Point values shall be based on objective criteria so that each Community Public
Wastewater System is assessed equally and fairly.  Community Public Wastewater
Systems shall be assigned a letter grade of "A", "B",
"C", "D", or "F".  A consolidated score and
letter grade shall be calculated on a weighted-average basis for any person
owning more than one (1) Community Public Wastewater System in the state.

(2)  For each Community
Public Wastewater System, the department shall publish on its website an annual
report summarizing the department's assessment, scores and letter grade.      Every
Community Public Wastewater System shall provide notification to its customers
of the department's published score and letter grade within thirty (30) days
following publication by the department in a manner to be established by
regulation by the commission.

SECTION 6.
The department shall publish the first letter grades issued pursuant to
Sections 1 through 17 of this act no later than January 1, 2028.

SECTION 7.  Section
49-2-9, Mississippi Code of 1972, is brought forward as follows:

49-2-9.  (1)  Effective July
1, 1979, the commission shall have the following powers and duties:

(a)  To formulate the
policy of the department regarding natural resources within the jurisdiction of
the department;

(b)  To adopt, modify,
repeal, and promulgate, after due notice and hearing, and where not otherwise
prohibited by federal or state law, to make exceptions to and grant exemptions
and variances from, and to enforce rules and regulations implementing or
effectuating the powers and duties of the commission under any and all statutes
within the commission's jurisdiction, and as the commission may deem necessary
to prevent, control and abate existing or potential pollution;

(c)  To apply for,
receive and expend any federal or state funds or contributions, gifts, devises,
bequests or funds from any other source;

(d)  To commission or
conduct studies designed to determine alternative methods of managing or using
the natural resources of this state, in a manner to ensure efficiency and
maximum productivity;

(e)  To enter into, and
to authorize the executive director to execute with the approval of the
commission, contracts, grants and cooperative agreements with any federal or
state agency or subdivision thereof, or any public or private institution
located inside or outside the State of Mississippi, or any person, corporation
or association in connection with carrying out the provisions of this chapter;
but this authority under this chapter and under any and all statutes within the
commission's jurisdiction, except those statutes relating to the Bureau of
Recreation and Parks, shall not include contracts, grants or cooperative
agreements which do not develop data or information usable by the commission,
or which provide goods, services or facilities to the commission or any of its
bureaus, and shall exclude any monies for special interest groups for purposes
of lobbying or otherwise promoting their special interests; and

(f)  To discharge such
other duties, responsibilities and powers as are necessary to implement the
provisions of this chapter.

(2)  The Mississippi
Department of Environmental Quality, Office of Geology and Energy Resources
shall be responsible for program management, procurement, development and
maintenance of the Mississippi Digital Earth Model, which should include the
following seven (7) core data layers of a digital land base computer model of
the State of Mississippi:

(a)  Geodetic control;

(b)  Elevation and
bathymetry;

(c)  Orthoimagery;

(d)  Hydrography;

(e)  Transportation;

(f)  Government
boundaries; and

(g)  Cadastral.  With
respect to the cadastral layer, the authority and responsibility of the
Mississippi Department of Environmental Quality, Office of Geology and Energy
Resources shall be limited to compiling information submitted by counties.

For all seven (7) framework
layers, the Mississippi Department of Environmental Quality, Office of Geology
and Energy Resources shall be the integrator of data from all sources and the
guarantor of data completeness and consistency and shall administer the
council's policies and standards for the procurement of remote sensing and
geographic information system data by state and local governmental entities.

SECTION 8.  Section
49-2-13, Mississippi Code of 1972, is brought forward as follows:

49-2-13.  The executive
director shall have the following powers and duties:

(a)  To administer the
policies of the commission within the authority granted by the commission;

(b)  To supervise and
direct all administrative and technical activities of the department;

(c)  To organize the
administrative units of the department in accordance with the plan adopted by
the commission and, with commission approval, alter such organizational plan
and reassign responsibilities as he may deem necessary to carry out the
policies of the commission;

(d)  To coordinate the
activities of the various offices of the department;

(e)  To employ, subject
to the approval of the commission, qualified professional personnel in the
subject matter or fields of each office, and such other technical and clerical
staff as may be required for the operation of the department;

(f)  To recommend to
the commission such studies and investigations as he may deem appropriate, and
to carry out the approved recommendations in conjunction with the various
offices;

(g)  To merge and
coordinate functions and duties where possible to eliminate the possibility of
two (2) separate organizational entities performing the same or similar
functions, including, but not limited to, functions of audit, inspection,
collection, personnel, motor vehicles, accounting, data processing, payroll and
any other such administrative, procedural or enforcement function;

(h)  To coordinate all
studies in the State of Mississippi concerned with the supply, development, use
and conservation of natural resources within the jurisdiction of the
department;

(i)  To prepare and
deliver to the Legislature and the Governor on or before January 1 of each
year, and at such other times as may be required by the Legislature or
Governor, a full report of the work of the department and the offices thereof,
including a detailed statement of expenditures of the department and any
recommendations the commission may have;

(j)  To issue, modify
or revoke any and all orders under authority granted by the commission which
include, but are not limited to those which (i) prohibit, control or abate
discharges of contaminants and wastes into the air and waters of the state;
(ii) require the construction of new disposal systems or air-cleaning devices
or any parts thereof, or the modification, extension or alteration of existing
disposal systems or air-cleaning devices or any parts thereof, or the adoption
of other remedial measures to prevent, control or abate air and water pollution
or to cause the proper management of solid wastes; (iii) impose penalties
pursuant to Section 17-17-29 and Section 49-17-43 which have been agreed upon
with alleged violators; and (iv) require compliance with the conditions of any
permit issued by the Permit Board created in Section 49-17-28 and all
regulations of the commission;

(k)  With the approval
of the commission, to enter into contracts, grants and cooperative agreements
with any federal or state agency or subdivision thereof, or any public or
private institution located inside or outside the State of Mississippi, or any
person, corporation or association in connection with carrying out the
provisions of this chapter, provided the agreements do not have a financial
cost in excess of the amounts appropriated for such purposes by the
Legislature; and

(l)  With the approval
of the commission, to enter into a contract(s) with any person or any public or
private corporate entity to assist with the review, evaluation and processing
of permit application(s) and/or certification application(s).  Any person or
entity requesting additional assistance for review, evaluation, and processing
of an application for permit(s) or certification(s) must agree to pay all
additional costs associated with such review, evaluation, and processing.  The
executive director shall submit an annual report on the following to the Chairs
of the House and Senate Accountability, Efficiency and Transparency Committees:

(i)  The backlog of
permit applications and/or certification applications that exist on July 1,
2024;

(ii)  The backlog
of permit applications and/or certification applications that exist when the
report is submitted;

(iii)  The average
price of permits and/or certifications that are being expedited;

(iv)  The types of
permits and/or certifications that are being expedited;

(v)  What persons
or public or private corporate entities are being used to assist with the
review, evaluation and processing of permit applications and/or certification
applications;

(vi)  How much the
persons or public or private corporate entities have been paid through the
program; and

(vii)  How many
people leave the department for employment with the persons or public or
private corporate entities that are being used to assist with the review,
evaluation and processing of permit applications and/or certification applications.

This paragraph (1) shall
stand repealed on July 1, 2028.

SECTION 9.  Section
77-3-2, Mississippi Code of 1972, is brought forward as follows:

77-3-2.  (1)  The
Legislature finds and determines that the rates, services and operations of
public utilities as defined in this title are affected with the public interest
and that the availability of an adequate and reliable service by such public
utilities to the people, economy and government of the State of Mississippi is
a matter of public policy.  The Legislature hereby declares to be the policy of
the State of Mississippi:

(a)  To provide fair
regulation of public utilities in the interest of the public;

(b)  To promote the
inherent advantage of regulated public utilities;

(c)  To promote adequate,
reliable and economical service to all citizens and residents of the state;

(d)  To provide just
and reasonable rates and charges for public utility services without unjust
discrimination, undue preferences or advantages, or unfair or destructive
competitive practices and consistent with long-term management and conservation
of energy resources by avoiding wasteful, uneconomic and inefficient uses of
energy;

(e)  To encourage and
promote harmony between public utilities, their users and the environment;

(f)  To foster the
continued service of public utilities on a well-planned and coordinated basis
that is consistent with the level of service needed for the protection of
public health and safety and for the promotion of the general welfare;

(g)  To cooperate with
other states and the federal government in promoting and coordinating
interstate and intrastate public utility service and reliability;

(h)  To encourage the
continued study and research for new and innovative rate-making procedures
which will protect the state, the public, the ratepayers and the utilities, and
where possible reduce the costs of the rate-making process; and

(i)  With respect to
rate-regulated public utilities, to foster, encourage, enable and facilitate
economic development in the State of Mississippi, to support and augment
economic development activities, to expand deployment of existing and emerging
technologies, including fiber-optic infrastructure which will foster a more
reliable and resilient utility delivery system and provide customer access to
enhanced services, to authorize and empower the Public Service Commission in
carrying out its statutory responsibilities, and to take every opportunity to
advance the economic development of the state.

(2)  To these ends,
therefore, authority shall be vested in the Mississippi Public Service
Commission to regulate public utilities in accordance with the provisions of
this title.

(3)  (a)  The commission
shall, in addition to its other powers and duties, be authorized and empowered,
in its discretion, to consider and adopt a formula type rate of return
evaluation rate which may include provision for the commission to:

(i)  Periodically
review and adjust, if required, the utility's level of revenues based upon the actual
books and records of the utility which are periodically the subject of
independent audits and regulatory audits;

(ii)  Review the
utility's performance in certain areas or categories which may be used by the
commission in the manner selected by it which may include rate incentives or
penalties so long as such are found to be fair and reasonable and result in a
level of revenue which is fair and reasonable; and

(iii)  Use such
other provisions which may be permitted by this chapter.

(b)  When a formula
type rate of return evaluation rate with periodic revenue adjustments is
adopted by the commission, each periodic revenue adjustment will be separately
considered for the purpose of determining whether a hearing is required
pursuant to Section 77-3-39(1), and no such hearing shall be required if the
amount of any separate periodic adjustment to the level of revenues of the
utility is not a "major change" as defined in Section 77-3-37(8).

(c)  In administering
any such formula type rate of return evaluation rate, the following procedures
shall be observed by the commission:

(i)  Each periodic
evaluation shall be supported with a sworn filing by the utility incorporating
the data specified in the formula rate adopted by the commission, and such data
shall be verified by the commission; and

(ii)  A hearing
shall be required, as provided by law, to determine compliance with the formula
rate plan and the accuracy of the data prior to any change in the level of
revenues if the cumulative change in any calendar year exceeds the greater of
Two Hundred Thousand Dollars ($200,000.00) or four percent (4%) of the annual
revenues of the utility.

(d)  The requirements
of paragraphs (a), (b) and (c) of this subsection and other applicable
provisions of Title 77, Chapter 3, Article 1, Mississippi Code of 1972, which
are observed by the commission in administering such rate, are hereby declared
to be procedural but are not required to be included in the rate itself.

(4)  It is the intention of
the Legislature to validate, retroactively to its initial adoption by the
commission, any formula type rate, including any revenue adjustments effected
pursuant thereto, which has heretofore been adopted by the commission.  For the
purposes of the retroactive validation and the administration of any formula
type rate heretofore adopted by the commission, should the provisions of Title
77, Chapter 3, Article 1, Mississippi Code of 1972, conflict with any
provisions of such formula type rate, Title 77, Chapter 3, Article 1,
Mississippi Code of 1972, shall be interpreted to prevail and the formula type
rate shall hereafter be administered or revised to conform to Title 77, Chapter
3, Article 1, Mississippi Code of 1972; provided, however, such conflict, if
any, shall not be held to invalidate the retroactive effect of this section
upon such rate.

SECTION 10.  Section
77-3-5, Mississippi Code of 1972, is brought forward as follows:

77-3-5.  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.

SECTION 11.  Section
19-5-175, Mississippi Code of 1972, is brought forward as follows:

19-5-175.  Districts created
under the provisions of Sections 19-5-151 through 19-5-207 shall have the
powers enumerated in the resolution of the board of supervisors creating such
districts but shall be limited to the conducting and operating of a water
supply system, a sewer system, a garbage and waste collection and disposal
system, a fire protection system, a combined water and fire protection system,
a combined water and sewer system, a combined water and garbage and waste
collection and disposal system, or a combined water, sewer, garbage and waste
collection and disposal and fire protection system; and to carry out such
purpose or purposes, such districts shall have the power and authority to
acquire, construct, reconstruct, improve, better, extend, consolidate, maintain
and operate such system or systems, and to contract with any municipality,
person, firm or corporation for such services and for a supply and distribution
of water, for collection, transportation, treatment and/or disposal of sewage
and for services required incident to the operation and maintenance of such
systems.  As long as any such district continues to furnish any of the services
which it was authorized to furnish in and by the resolution by which it was
created, it shall be the sole public corporation empowered to furnish such
services within such district.  However, if the board of commissioners of such
district and the board of supervisors unanimously agree, the county may
contract directly with any fire protection services provider, in which case the
board of supervisors may distribute directly to the fire protection services
provider any or all of the funds that otherwise would be distributed to the
fire protection district.

Any district created
pursuant to the provisions of Sections 19-5-151 through 19-5-207 shall be
vested with all the powers necessary and requisite for the accomplishment of
the purpose for which such district is created.  No enumeration of powers
herein shall be construed to impair or limit any general grant of power herein
contained nor to limit any such grant to a power or powers of the same class or
classes as those enumerated.  Such districts are empowered to do all acts
necessary, proper or convenient in the exercise of the powers granted under
such sections.

SECTION 12.  Section
21-27-7, Mississippi Code of 1972, is brought forward as follows:

21-27-7.  (1)  (a)  The
governing authorities of municipalities shall have the power to erect,
purchase, maintain and operate waterworks, and to regulate the same, and to
prescribe the rates at which water shall be supplied to the users.  The rates
at which water, wastewater, and sewer services shall be supplied shall be just
and reasonable based on the actual cost to operate and maintain the systems,
and rates may not be unreasonably preferential, prejudicial or discriminatory
but shall be sufficient, equitable and consistent in application to each class
of users.  While a municipality may set different rates for different
classifications of users, a municipality shall not discriminate in setting
rates among members of the same classification.  The municipal governing
authorities shall make a finding on the minutes of the governing body
establishing the rate based on the actual cost to operate and maintain the
system.  A municipality shall not charge a user a fee for services received
which is less than the cost incurred by the municipality to provide such
services.

(b)  The governing
authorities of a municipality shall establish and maintain rates and charges in
equitable proportion to the use of the services and benefits rendered by the
waterworks systems and water treatment facilities serving the municipal area.
From time to time the governing authorities shall adjust such rates, to the end
that the revenues therefrom will be sufficient at all times to pay the expenses
of operating and maintaining such works, facilities and systems and all of the
municipality's obligations under any contract or bond resolution with respect
thereto.  The calculation of a user's bill shall be limited to the actual
amount of volumetric usage, plus those fees reasonable and necessary for the
cost of capital expenses, system operation and maintenance, and debt service.

(c)  If a user's meter
is tampered with, unreadable, or otherwise out-of-order, a municipality may
render an estimated bill to that user for a period not to exceed six (6)
months.  In such circumstance, an estimated bill shall be based upon the prior
average measured usage of the user or a similar user of the same
classification.

(i)  Only in the
event a municipality is unable to meet the requirement of billing based solely
on volumetric usage, such municipality may bill based on a flat fee rate where
such municipality has established flat fee billing as its usual and customary
billing practice prior to July 1, 2023, and where such municipality is actively
billing based upon a flat fee rate as of July 1,2023.  In such circumstances,
flat fee billing may be utilized until such time as the municipality implements
upgrades to its system to provide for volumetric billing.  In such
circumstance, the municipality may set different flat fee rates for different
classifications of users, but the municipality shall not discriminate in
setting flat fee rates among members of the same classification, and the
municipality shall not charge a user a fee for services received that is less
than the cost incurred by the municipality to provide such services.

(ii)  The governing
authorities of the municipality shall make a finding annually on the minutes of
the governing body establishing the rate based upon the actual cost to operate
and maintain the system as determined under Generally Accepted Accounting
Principles, and the municipality shall not charge a user a fee for services
received that is less than the cost incurred by the municipality, or based on
the assessed value of the property, to provide such services.

(d)  Notice of any
change in the rate or rate structure at which services are supplied shall be
posted on all bills sent to users at least one (1) month prior to the effective
date of the rate change.  Notice shall also be posted to the municipality's
online web page or bill payment platform, if the municipality has an online web
page or bill payment platform.

(e)  Nothing in this
statute shall be construed as prohibiting a user or governing authority of any
municipality from applying for and receiving any federally or privately
subsidized payment assistance, grant or other funds.

(f)  The governing
authority of a municipality may provide for the calculation of a user's bill by
a method other than volumetric usage only in exchange for consideration as part
of, or in connection with, an incentive contract or other form of benefit or
assistance related to the user's location, expansion, or maintenance of its
commercial or industrial operation within the municipality, so long as such
rate is equitable, fair, and nondiscriminatory, and the municipality shall not
charge such user a fee for services received that is less than the cost
incurred by the municipality to provide such services.

(2)  The governing
authorities of municipalities shall have the power to acquire by purchase,
donation or condemnation, in the name of the municipality, suitable grounds,
within or without the corporate limits, upon which to erect waterworks, and
also the right-of-way to and from such works and the right-of-way for laying
water pipes within the corporate limits, and from such waterworks to the
municipality, and to extend such right-of-way from time to time.  The governing
authorities shall have the power to contract with any person for the
maintenance and operation of waterworks.  The authorities shall have the power
to contract with any person for the erection and maintenance of waterworks for
a term not exceeding twenty-five (25) years, fixing water rates in the contract
subject to municipal regulations.  A contract for the erection or purchase of
waterworks shall not, however, be entered into until submitted to a vote of the
qualified electors and approved by a majority of those voting.  A contract for
maintenance under which the person who will perform such maintenance is wholly
or partially responsible for fixing water rates shall not be entered into until
submitted to a vote of the qualified electors and approved by a majority of
those voting.  It shall be unlawful for any municipally owned waterworks to
supply water free of charge, or in any amount less than the fixed charges, to
any person, firm or corporation, except as is expressly authorized by law.

SECTION 13.  Section
21-27-13, Mississippi Code of 1972, is brought forward as follows:

21-27-13.  The governing
authorities of any municipality which now owns and operates, or hereafter shall
own and operate, any system or systems shall have the power and authority to
create a commission to control, manage and operate such systems, or any one or
more of them, which said commission shall consist of not less than three (3)
nor more than five (5) commissioners, to be elected by the governing
authorities of such municipality.  In any municipality operating under the
council-manager plan of government, such commissioners shall be selected by,
and shall be under the control of, the mayor and councilmen of the
municipality, and not the city or town manager.  Such commissioners shall have
the power, authority and duty to manage and control said system or systems and
the supply of the facilities and services thereof, both within and without the
limits of the municipality.  Such commissioners shall be qualified electors of
the municipality and shall not hold any other municipal office for honor or
profit.  Such commissioners shall receive such compensation as may be specified
and provided by the governing authorities of said municipality; provided,
however, that any commission formed for the purpose of establishing a motor
vehicle transportation system for the transportation of passengers within the
boundaries of the governmental unit or units concerned, and within three (3) miles
thereof, may pay its commissioners from the operating budget of such commission
per diem compensation in the amount provided by Section 25-3-69 for each day or
fraction of a day engaged in attendance of meetings of the commission or
engaged in other official duties of the commission, not to exceed forty-five
(45) days in any one (1) year.  The governing authorities of the municipality
are hereby authorized and empowered to require such commissioners to furnish
bonds for the faithful performance of their duties, in the amount as may be
deemed proper, and to pay the premiums thereon from the municipal treasury or
the available funds of the said system or systems.  Where there are three (3)
members of such commission, the term of office shall be for a period of three
(3) years, and where there are four (4) members the term of office shall be for
a period of four (4) years, and where there are five (5) members the term of
office shall be for a period of five (5) years.  However, in making the first
appointment of commissioners, one (1) shall be appointed for a term of one (1)
year, one (1) for a term of two (2) years, one (1) for a term of three (3)
years and, where necessary, one (1) for a term of four (4) years, and one (1)
for a term of five (5) years, so that thereafter the term of office of one (1)
commissioner shall expire each year.  Where the governing authorities of the
municipality do not elect to create a commission as herein provided, then any
system or systems owned and operated by the municipality shall be controlled
and managed by the governing authorities of the municipality, who shall have
all the power and authority conferred upon such commission.

SECTION 14.  Section
21-27-203, Mississippi Code of 1972, is brought forward as follows:

21-27-203.  For purposes of
Sections 21-27-201 through 21-27-221, the following terms shall have the
meanings ascribed herein, unless the context shall otherwise require:

(a)
"Association" means the Mississippi Water and Pollution Control
Operator's Association, Inc.

(b)  "Board"
means the Mississippi State Board of Health.

(c)
"Commission" means the Mississippi Commission on Environmental
Quality.

(d)  "Community
water system" means a public water system serving piped water for human
consumption to fifteen (15) or more individual service connections used by year-round
consumers or regularly serving twenty-five (25) or more individual consumers
year-round, including, but not limited to, any collection, pretreatment,
treatment, storage and/or distribution facilities or equipment used primarily
as part of, or in connection with, that system, regardless of whether or not
the components are under the ownership or control of the operator of the
system.

(e)  "Commercial
Class I rubbish site" means a permitted rubbish site which accepts for
disposal Class I rubbish, as defined by the commission, for compensation or
from more than one (1) generator.

(f)
"Nontransient, noncommunity water system" means a public water system
that is not a community water system and that regularly serves at least twenty-five
(25) of the same persons over six (6) months per year.

(g)
"Operator" means the person who directly supervises and is personally
responsible for the daily operation and maintenance of a wastewater facility, community
water system, nontransient, noncommunity water system or commercial
nonhazardous solid waste management landfill.

(h)  "Person"
means the state or any agency or institution of the state, any municipality,
political subdivision, public or private corporation, individual, partnership,
association or other entity, including any officer or governing or managing
body of any municipality, political subdivision, or public or private
corporation, or the United States or any officer or employee of the United
States.

(i)
"Pollution" means contamination or other alteration of the physical,
chemical or biological properties of any waters of the state, including change
in temperature, taste, color, turbidity or odor of the waters, or the discharge
of any liquid, gaseous, solid, radioactive or other substance or heat into any
waters of the state.

(j)  "Wastewater
facilities" means pipelines or conduits, pumping stations, force mains,
treatment plants, lagoons or any other structure, device, appurtenance or facility,
whether operated individually or in any combination, used for collecting,
treating and/or disposing of municipal or domestic wastewater, by either
surface or underground methods, which is required to have a permit under
Section 49-17-29.

(k)  "Waters of
the state" means all waters within the jurisdiction of this state,
including all streams, lakes, ponds, impounding reservoirs, marshes,
watercourses, waterways, wells, springs, irrigation systems, drainage systems
and all other bodies or accumulations of water, surface and underground,
natural or artificial, situated wholly or partly within or bordering upon the
state, and such coastal waters as are within the jurisdiction of the state,
except lakes, ponds or other surface waters which are wholly landlocked and
privately owned.

SECTION 15.  Section
49-17-743, Mississippi Code of 1972, is brought forward as follows:

49-17-743.  From and after
April 18, 2006, each and every county authority shall have, in addition to any
other powers granted under any other provision of law, including, but not
limited to, the following:

(a)  To acquire,
construct, improve, enlarge, extend, repair, operate and maintain one or more
of its systems used for the collection, transportation, treatment and disposal
of water, wastewater and storm water;

(b)  To make contracts
with any person in furtherance thereof; and to make contracts with any person,
under the terms of which the county authority will collect, transport, treat or
dispose of water, wastewater and storm water for such person;

(c)  To make contracts
with any person to design and construct any water, wastewater and storm water
systems or facilities, and thereafter to purchase, lease or sell, by
installments over such terms as may be deemed desirable, reasonable and
necessary, or otherwise, any such system or systems;

(d)  To enter into
operating agreements with any person, for such terms and upon such conditions
as may be deemed desirable, for the operation of any water, wastewater and
storm water systems; and the county authority may lease to or from any person,
for such term and upon such conditions as may be deemed desirable, any water,
wastewater and storm water collection, transportation, treatment or its other
facilities or systems.  Any such contract may contain provisions requiring any
public agency or other person to regulate the quality and strength of materials
to be handled by the respective system or systems and also may provide that the
county authority shall have the right to use any streets, alleys and public
ways and places within the jurisdiction of a public agency or other person
during the term of the contract;

(e)  To enter into
contracts with any person or any public agency, including, but not limited to,
contracts authorized by this act, in furtherance of any of the purposes
authorized under this act upon such consideration as the board of directors and
such person may agree.  Any such contract may extend over any period of time,
notwithstanding any provision or rule of law to the contrary; may be upon such
terms and for such consideration, nominal or otherwise, as the parties thereto
shall agree; and may provide that it shall continue in effect until bonds
specified therein, refunding bonds issued in lieu of such bonds, and all other
obligations specified therein are paid or terminated.  Any such contract shall
be binding upon the parties thereto according to its terms;

(f)  To adopt an
official seal and alter the same at pleasure;

(g)  To sue and be
sued, in its own name, and to enjoy all of the protections, immunities and
benefits provided by the Mississippi Tort Claims Act, as it may be amended or
supplemented from time to time;

(h)  To maintain office
space at such place or places within the county authority boundaries as it may
determine;

(i)  To invest money of
the county authority, including proceeds from the sale of any bonds subject to
any agreements with bondholders, on such terms and in such manner as the county
authority deems proper;

(j)  To require the
necessary relocation or rerouting of roads and highways, railroad, telephone
and telegraph lines, and properties, electric power lines, gas pipelines and
related facilities, or to require the anchoring or other protection of any of
these, provided fair compensation is first paid to the owners or an agreement
with such owners regarding the payment of the cost of such relocation, and to
acquire easements or rights-of-way for such relocation or rerouting and to
convey the same to the owners of the property being relocated or rerouted in
connection with the purposes of this act;

(k)  To acquire,
construct, improve or modify, to operate or cause to be operated and
maintained, either as owner of all or of any part in common with others, any
water, wastewater or storm water system within the county authority's service
area.  The county authority may pay all or part of the cost of any system from
any contribution by persons, firms, public agencies or corporations.  The
county authority may receive, accept and use all funds, public or private, and
pay all costs of the development, implementation and maintenance as may be
determined as necessary for any project;

(l)  To acquire, in its
own name, by purchase on any terms and conditions and in any manner as it may
deem proper, including by eminent domain, property for public use, or by gift,
grant, lease, or otherwise, real property or easements therein, franchises and
personal property necessary or convenient for its corporate purposes;

(m)  To acquire
insurance for the county authority's systems, facilities, buildings, treatment
plants and all property, real or personal, to insure against all risks as any
insurance may, from time to time, be available;

(n)  To use any
property and rent or lease any property to or from others, including public
agencies, or make contracts for the use of the property.  The county authority
may sell, lease, exchange, transfer, assign, pledge, mortgage or grant a
security interest for any property.  The powers to acquire, use and dispose of
property as set forth in this paragraph shall include the power to acquire, use
and dispose of any interest in that property, whether divided or undivided.
Title to any property of the county authority shall be held by the county
authority exclusively for the benefit of the public;

(o)  To apply, contract
for, accept, receive and administer gifts, grants, appropriations and donations
of money, materials and property of any kind, including loans and grants from
the United States, the state, a unit of local government, or any agency,
department, district or instrumentality of any of the foregoing, upon any terms
and conditions as the United States, the state, a unit of local government, or
any agency, department, district or instrumentality shall impose.  The county
authority may administer trusts.  The county authority may sell, lease,
transfer, convey, appropriate and pledge any and all of its property and
assets;

(p)  To make and
enforce, and from time to time amend and repeal, bylaws, rules, ordinances and regulations
for the management of its business and affairs and for the construction, use,
maintenance and operation of any of the systems under its management and
control;

(q)  To employ and
terminate staff and other personnel, including attorneys, engineers and
consultants as may be necessary to the functioning of the county authority.
The board of directors, in its discretion, may employ an executive director
having the authority to employ and fire employees and other duties as
determined by the board;

(r)  To establish and
maintain rates, fees and any other charges for services and the use of systems
and facilities within the control of the county authority, and from time to
time, to adjust such rates, fees and any other charges to the end that the revenues
therefrom will be sufficient at all times to pay the expenses of operating and
maintaining of the facilities and treatment systems and all of the persons'
obligations under any contract or bonds resolution with respect thereto or any
obligation of any person under any agreement, contract, indenture or bonds
resolution with respect thereto.  Such rates, fees, assessments and any other
charges shall not be subject to the jurisdiction of the Mississippi Public
Service Commission;

(s)  To adopt rules and
regulations necessary to accomplish the purposes of the county authority and to
assure the payment of each participating person or public agency of its
proportionate share of the costs for use of any of the systems and facilities
of the county authority and for the county authority's proportionate share of
the costs of the utility board;

(t)  To enter on public
or private lands, waters or premises for the purpose of making surveys, borings
or soundings, or conducting tests, examinations or inspections for the purposes
of the authority, subject to responsibility for any damage done to property
entered;

(u)  To accept
industrial wastewater from within the boundaries of the county authority for
treatment and to require the pretreatment of same when, in the opinion of the
county authority, such pretreatment is necessary;

(v)  To control and
operate local retail water, wastewater and storm water services, and may
provide or be responsible for direct servicing of those services to residences,
businesses and individuals; however, the county authority shall not provide the
same services in an area provided by a public utility or person holding a
certificate of public convenience and necessity issued by the Mississippi
Public Service Commission for the provision of such services in the
certificated area.  Any rates, fees, assessments or other charges shall not be
under the control or regulation of the Mississippi Public Service Commission;

(w)  To assume control
and administer, within the county authority's jurisdiction, any water,
wastewater or storm water system or systems by agreement or contract with any
person if the person providing such services requests to be relieved of that
responsibility.  However, the person may maintain control over connections in
their service areas and may charge rates, fees and any other charges in
addition to the rates, fees and any charges of the county authority;

(x)  The county
authority shall have the power of eminent domain for the particular purpose of
the acquisition of property designated by plan to sufficiently accommodate the
location of water, wastewater or storm water systems and such requirements
related directly thereto pursuant to the provisions of Chapter 27, Title 11,
Mississippi Code of 1972.  The county authority may acquire by eminent domain
property necessary for any system and the exercise of the powers, rights and
duties conferred upon the county authority by this act.  No person owning the
drilling rights or the right to share in production shall be prevented from
exploring, developing or producing oil or gas with necessary rights-of-way for
ingress and egress, pipelines and other means of transporting such interests on
any lands or interest of the county authority held or used for the purposes of
this act, but any such activities shall be subject to reasonable regulations by
the board of directors that will adequately protect the systems or projects of
the county authority;

(y)  To use any legally
available funds to acquire, rebuild, operate and maintain any existing water,
wastewater or storm water systems owned or operated by any person;

(z)  To refuse to
receive water, wastewater or storm water from any public agency or person; and

(aa)  So long as any
indebtedness on the systems of the county authority remains outstanding, to
require by contract with a member public agency, or other person, that all
water, wastewater and storm water within the boundaries of the respective
county authority be disposed of through the appropriate treatment system to the
extent that the same may be available, but no public agency shall be precluded
from constructing, operating and maintaining its own such system after the
current indebtedness owing on the system as of April 18, 2006, is paid in full.

SECTION 16.  Section
49-17-745, Mississippi Code of 1972, is brought forward as follows:

49-17-745.  (1)  The county
authority shall have the power, duty and responsibility to exercise general
supervision over the design, construction, operation and maintenance of water,
wastewater and storm water systems.

(2)  The county authority
shall adopt rules and regulations regarding the design, construction or
installation, operation and maintenance of water, wastewater and storm water
systems.

(3)  The county authority
shall adopt rules and regulations regarding the use of decentralized treatment
systems, individual on-site wastewater treatment systems and centralized
wastewater treatment systems.

(4)  The county authority
shall adopt rules establishing performance standards for water, wastewater and
storm water systems and the operation and maintenance of the same.  Such rules
and regulations shall include the implementation of a standard application form
for the installation, operation and maintenance of such systems; application
review; approval or denial procedures for any proposed system; inspection,
monitoring and reporting guidelines; and enforcement procedures.

(5)  (a)  Before a building
or development which requires the installation of a water, wastewater or storm
water system is constructed, the system must be submitted to the county
authority for certification that the system complies with the county authority
requirements for such system.

(b)  Before approving
or renewing a water, wastewater or storm water related permit for a system
within a county authority, the state agency must require certification that the
system complies with the requirements of the county authority.

(6)  Any system of any
municipality, public agency or other persons which contracts with a county
authority, shall be subject to the terms of that contract and the terms of this
act.

(7)  Notwithstanding the
provisions of Section 51-39-1 et seq., the county authority shall have the full
power to adopt rules and regulations and to construct, maintain and operate
facilities for the control of storm water quality and quantity.  In addition,
the provisions of Section 51-33-1 et seq. relating to drainage districts and
flood control districts do not apply to the county authority.

(8)  The county authority
may control and operate the local retail water, wastewater or storm water
services and may provide or be responsible for direct servicing of those
services to residences, businesses and individuals; however, the county
authority shall not provide the same service in an area provided by a public
utility or person holding a certificate of public convenience and necessity
issued by the Mississippi Public Service Commission for the provision of such
services in the certificated area.

SECTION 17.  Section
41-67-3, Mississippi Code of 1972, is brought forward as follows:

41-67-3.  (1)  The board
and/or the department shall have the following duties and responsibilities:

(a)  To exercise
general supervision over the design, installation, operation and maintenance
of individual on-site wastewater disposal systems, decentralized wastewater
treatment systems and cluster systems;

(b)  To adopt, modify,
repeal and promulgate rules and regulations, after due notice and hearing, and
where not otherwise prohibited by federal or state law, to make exceptions to,
to grant exemptions from and to enforce rules and regulations implementing or
effectuating the duties of the board under this chapter to protect the public
health.  The board may grant variances from rules and regulations adopted under
this chapter, including requirements for buffer zones, or from setbacks
required under Section 41-67-7 where the granting of a variance shall not
subject the public to unreasonable health risks or jeopardize environmental resources;

(c)  To provide or deny
certification for persons engaging in the business for hire of the installation,
operation or maintenance of individual on-site wastewater disposal systems and
persons engaging in the removal and disposal of the sludge and liquid waste
from those systems;

(d)  To suspend or
revoke certifications issued to persons engaging in the business for hire of
the installation, operation or maintenance of individual on-site
wastewater disposal systems or persons engaging in the removal and disposal of
the sludge and liquid waste from those systems, when it is determined the
person has violated this chapter or applicable rules and regulations;

(e)  To require the
submission of information deemed necessary by the department to determine the
suitability of individual lots for individual on-site wastewater disposal
systems for the purpose of commercial or residential development; and

(f)  To adopt, modify,
repeal and promulgate rules and regulations, after due notice and hearing, and
where not otherwise prohibited by federal or state law, as necessary to
determine the suitability of individual on-site wastewater disposal systems in
subdivisions.

(2)  To assure the effective
and efficient administration of this chapter, the board shall adopt rules
governing the design, construction or installation, operation and maintenance
of individual on-site wastewater disposal systems, including rules concerning
the:

(a)  Review and
approval of individual on-site wastewater disposal systems in accordance with
Section 41-67-6;

(b)  Certification of
installers;

(c)  Certification
of pumpers;

(d)  Certification of
manufacturers;

(e)  Certification of
professional evaluators; and

(f)  Creation of
regulations that authorize the original and any subsequent homeowner to be
trained by certified installers as defined in Section 41-67-25(2) or
other factory representatives in order to educate the homeowner with the
necessary knowledge to provide maintenance to the homeowner's system; no fees shall
be charged to the homeowner for such training, thus allowing the homeowner to
meet the requirements of Section 41-67-7(5).

(3)  In addition, the board
shall adopt rules establishing performance standards for individual on-site
wastewater disposal systems for single family residential generators and rules
concerning the operation and maintenance of individual on-site wastewater
disposal systems designed to meet those standards.  The performance standards
shall be consistent with the federal Clean Water Act, maintaining the wastes on
the property of the generator and protection of the public health.  Rules for
the operation and maintenance of individual on-site wastewater disposal systems
designed to meet performance standards shall include rules concerning the
following:

(a)  A standard
application form and requirements for supporting documentation;

(b)  Application
review;

(c)  Approval or denial
of authorization for proposed systems;

(d)  Requirements, as
deemed appropriate by the board, for annual renewal of authorization;

(e)  Enforcement of the
requirements and conditions of authorization; and

(f)  Inspection,
monitoring, sampling and reporting on the performance of the system.

Any system proposed for
authorization in accordance with performance standards must be designed and
certified by a licensed professional engineer in the State of
Mississippi and must be authorized by the department before
installation.

(4)  To the extent
practicable, all rules and regulations adopted under this chapter shall give
maximum flexibility to persons installing individual on-site wastewater
disposal systems and all options consistent with the federal Clean Water
Act, consistent with maintaining the wastes on the property of the generator
and consistent with protection of the public health.  In addition, all rules
and regulations, to the extent practicable, shall encourage the use of
economically feasible systems, including all techniques and technologies
for individual on-site wastewater disposal.

(5)  All regulations shall
be applied uniformly in all areas of the state and shall take into
consideration and make provision for different types of soil in the state when
performing soil and site evaluations.

SECTION 18.
Sections 18 through 27 of this act shall be known and may be cited as the
"Community Drinking Water Infrastructure Sustainability Act".

SECTION 19.
For purposes of Sections 18 through 27 of this act, the following words and
phrases shall have the meanings as provided in this section unless the context
clearly indicates otherwise:

(a)  "Community
Public Water System" means a public water system serving at least fifteen
(15) individual service connections used by year-round consumers or regularly
servicing at least twenty-five (25) individual consumers year-round.

(b)  "Board"
means the Mississippi State Board of Health.

(c)  "Person"
means an individual, corporation, company, association, partnership,
municipality or federal agency.

SECTION 20.
There is established a community public water system accountability process to:

(a)  Support drinking
water infrastructure sustainability for the citizens of Mississippi.

(b)  Promote the
protection of the citizens of Mississippi from poor water quality and deficient
service by assuring the drinking water provided by Community Public Water
Systems remains consistently at levels essential for health, safety, welfare,
and long-term sustainability.

(c)  Establish a
transparent accountability process that creates clear standards and expectations
for Community Public Water Systems so that assessment of their quality,
performance, and sustainability will be understood.

SECTION 21.
The Mississippi Board of Health shall create and administer a statewide
framework of accountability for community public water systems.  The framework
shall include a letter grade schedule based on, at minimum, the following
criteria:

(a)  Federal water
quality violation history.

(b)  State violation
history.

(c)  Water system
financial sustainability.

(d)  Operation and
maintenance performance history.

(e)  Infrastructure
condition and compliance.

(f)  Customer
satisfaction.

(g)  Levels of
secondary contaminants.

SECTION 22.
(1)  The board shall promulgate rules and regulations to establish and implement
the community public water system letter grade schedule provided for in
Sections 18 through 27 of this act.  The rules and regulations shall provide
clear and appropriate point values for the criteria established in
accordance with this section to calculate the community public water
system's letter grade.  Point values shall be based on objective criteria so
that each community public water system is assessed equally and fairly.
Community Public Water Systems shall be assigned a letter grade of "A",
"B", "C", "D", or "F".  A consolidated
score and letter grade shall be calculated on a weighted-average basis for any
person owning more than one (1) community public water system in the state.

(2)  For each community
public water system, the board shall publish on its website an annual report
summarizing the board's assessment, scores and letter grade.  Every community
public water system shall provide notification to its customers of the board's
published score and letter grade within thirty (30) days following publication
by the board in a manner to be established by regulation by the board.

SECTION 23.
The board shall publish the first letter grades issued pursuant to Sections 18
through 27 of this act no later than January 1, 2028.

SECTION 24.  Section
19-5-151, Mississippi Code of 1972, is amended as follows:

19-5-151.  (1)  Any
contiguous area situated within any county of the state, and not being situated
within the corporate boundaries of any existing municipality, and having no
adequate water system, sewer system, garbage and waste collection and disposal
system, or fire protection facilities serving such area, may become
incorporated as a water district, as a sewer district, as a garbage and waste
collection and disposal district, as a fire protection district, as a combined
water and sewer district, as a combined water and garbage and waste collection
and disposal district, as a combined water and fire protection district, or as
a combined water, sewer, garbage and waste collection and disposal and fire
protection district, in the manner set forth in the following sections.

(2)  If the certificated
area of a nonprofit, nonshare corporation chartered under the Mississippi
Nonprofit Corporation Act for the purpose of owning and operating rural
waterworks lies in one (1) county, the corporation may become incorporated as a
water district in the manner set forth in Section 19-5-153(3).  If the
nonprofit, nonshare corporation's certificated area lies in more than one (1)
county, the procedure in Section 19-5-164 shall be used.

(3)  Whenever a majority
of the landowners of any such district, excluding lands owned by the state,
shall sign and file with the clerk of the chancery court by which such district
was organized, or in the county in which such district was organized, a
petition for the dissolution of such district, it shall be the duty of the
clerk to give notice thereof by publishing the notice for three (3) consecutive
weeks in a newspaper published in the county, or in each of the counties in
which lands of the district lie.

Such notice shall be
addressed to all persons interested in the district and shall command them to
appear before the chancery court at a place named within the chancery court
district on a day certain in term time, or before the chancellor in vacation,
not earlier than twenty (20) days nor more than sixty (60) days after the date
of the first publication of the notice, and show cause, if any they can, why
the district should not be dissolved.  Upon the first publication of such
notice, all proceedings of every kind of the district and of the commissioners
of the district shall be discontinued until the hearing of such cause as herein
provided.

Such chancery court, or the
chancellor thereof in vacation, shall take jurisdiction of such cause and shall
hear the same on the return day thereof in the same manner as other causes in
chancery.

If upon the hearing of
such cause it appears that it is to the best interests of the landowners of the
district that such district be dissolved, such court or chancellor shall enter
an order dissolving the district, decreeing that no further expenses or
indebtedness be incurred or contracted by the commissioners of such district.

The commissioners of such
district shall immediately and within ten (10) days thereafter deposit with the
clerk of the court in which the proceedings are pending all papers, records,
and documents of the district.

If it appears that it is
not to the best interests of the landowners of the such district that it be
dissolved, the chancellor or chancery court shall so decree.

If it appears to the
chancery court or chancellor that it is to the best interests of the district
that it be dissolved and the decree is entered accordingly, the costs of the
proceeding, including solicitors fees as might be allowed by the court, shall
be assessed and taxed by the court to be collected on an acreage basis on the
lands within the district; and thereafter the district shall be dissolved and
shall have no further powers or authorities under the law whatsoever.

If such district is not
dissolved, such costs, attorneys fees, and expenses as may be involved shall be
assessed against the petitioners; and the district shall be absolved from any
liability on account thereof.

Nothing contained in this
section shall be construed to impair or affect any contract or other obligation
of any such district, but persons holding claims against such district shall,
on notice of the dissolution thereof as provided herein, file any such claims as
they may have against such district.  If the court should decree that such
district should be liquidated, all of the claims shall be passed upon by the
chancery court or chancellor, as the case may be, and if found just, a levy
shall be made upon the lands upon an acreage basis as hereinabove provided, in
order to liquidate and pay such indebtedness as may be found due and owing by
the district.

SECTION 25.  Section
19-5-165, Mississippi Code of 1972, is brought forward as follows:

19-5-165.  (1)  Beginning on
the date of the adoption of the resolution creating any district, the district
shall be a public corporation in perpetuity under its corporate name and shall,
in that name, be a body politic and corporate with power of perpetual
succession.

(2)  If the creation of the
district is initiated in accordance with Section 19-5-153(3), all assets and
liabilities of the nonprofit, nonshare corporation shall become the assets and
liabilities of the newly organized district without any further meetings, voting,
notice to creditors or actions by members of the board beginning on the date of
adoption of the resolution of the board of supervisors creating the district.

SECTION 26.  Section
41-3-15, Mississippi Code of 1972, is brought forward as follows:

41-3-15.  (1)  (a)  There
shall be a State Department of Health.

(b)  The State Board of
Health shall have the following powers and duties:

(i)  To formulate
the policy of the State Department of Health regarding public health matters
within the jurisdiction of the department;

(ii)  To adopt,
modify, repeal and promulgate, after due notice and hearing, and enforce rules
and regulations implementing or effectuating the powers and duties of the
department under any and all statutes within the department's jurisdiction, and
as the board may deem necessary;

(iii)  To apply
for, receive, accept and expend any federal or state funds or contributions,
gifts, trusts, devises, bequests, grants, endowments or funds from any other
source or transfers of property of any kind;

(iv)  To enter
into, and to authorize the executive officer to execute contracts, grants and
cooperative agreements with any federal or state agency or subdivision thereof,
or any public or private institution located inside or outside the State of
Mississippi, or any person, corporation or association in connection with
carrying out the provisions of this chapter, if it finds those actions to be in
the public interest and the contracts or agreements do not have a financial
cost that exceeds the amounts appropriated for those purposes by the
Legislature;

(v)  To appoint,
upon recommendation of the Executive Officer of the State Department of Health,
a Director of Internal Audit who shall be either a Certified Public Accountant
or Certified Internal Auditor, and whose employment shall be continued at the
discretion of the board, and who shall report directly to the board, or its
designee; and

(vi)  To discharge
such other duties, responsibilities and powers as are necessary to implement
the provisions of this chapter.

(c)  The Executive
Officer of the State Department of Health shall have the following powers and
duties:

(i)  To administer
the policies of the State Board of Health within the authority granted by the
board;

(ii)  To supervise
and direct all administrative and technical activities of the department,
except that the department's internal auditor shall be subject to the sole
supervision and direction of the board;

(iii)  To organize
the administrative units of the department in accordance with the plan adopted
by the board and, with board approval, alter the organizational plan and
reassign responsibilities as he or she may deem necessary to carry out the
policies of the board;

(iv)  To coordinate
the activities of the various offices of the department;

(v)  To employ,
subject to regulations of the State Personnel Board, qualified professional
personnel in the subject matter or fields of each office, and such other
technical and clerical staff as may be required for the operation of the
department.  The executive officer shall be the appointing authority for the
department, and shall have the power to delegate the authority to appoint or
dismiss employees to appropriate subordinates, subject to the rules and regulations
of the State Personnel Board;

(vi)  To recommend
to the board such studies and investigations as he or she may deem appropriate,
and to carry out the approved recommendations in conjunction with the various
offices;

(vii)  To prepare
and deliver to the Legislature and the Governor on or before January 1 of each
year, and at such other times as may be required by the Legislature or
Governor, a full report of the work of the department and the offices thereof,
including a detailed statement of expenditures of the department and any
recommendations the board may have;

(viii)  To prepare
and deliver to the Chairmen of the Public Health and Welfare/Human Services
Committees of the Senate and House on or before January 1 of each year, a plan
for monitoring infant mortality in Mississippi and a full report of the work of
the department on reducing Mississippi's infant mortality and morbidity rates
and improving the status of maternal and infant health; and

(ix)  To enter into
contracts, grants and cooperative agreements with any federal or state agency
or subdivision thereof, or any public or private institution located inside or
outside the State of Mississippi, or any person, corporation or association in
connection with carrying out the provisions of this chapter, if he or she finds
those actions to be in the public interest and the contracts or agreements do
not have a financial cost that exceeds the amounts appropriated for those
purposes by the Legislature.  Each contract or agreement entered into by the
executive officer shall be submitted to the board before its next meeting.

(2)  The State Board of
Health shall have the authority to establish an Office of Rural Health within
the department.  The duties and responsibilities of this office shall include
the following:

(a)  To collect and
evaluate data on rural health conditions and needs;

(b)  To engage in
policy analysis, policy development and economic impact studies with regard to
rural health issues;

(c)  To develop and
implement plans and provide technical assistance to enable community health
systems to respond to various changes in their circumstances;

(d)  To plan and assist
in professional recruitment and retention of medical professionals and
assistants; and

(e)  To establish
information clearinghouses to improve access to and sharing of rural health
care information.

(3)  The State Board of
Health shall have general supervision of the health interests of the people of
the state and to exercise the rights, powers and duties of those acts which it
is authorized by law to enforce.

(4)  The State Board of
Health shall have authority:

(a)  To make
investigations and inquiries with respect to the causes of disease and death,
and to investigate the effect of environment, including conditions of
employment and other conditions that may affect health, and to make such other
investigations as it may deem necessary for the preservation and improvement of
health.

(b)  To make such
sanitary investigations as it may, from time to time, deem necessary for the
protection and improvement of health and to investigate nuisance questions that
affect the security of life and health within the state.

(c)  To direct and
control sanitary and quarantine measures for dealing with all diseases within
the state possible to suppress same and prevent their spread.

(d)  To obtain, collect
and preserve such information relative to mortality, morbidity, disease and
health as may be useful in the discharge of its duties or may contribute to the
prevention of disease or the promotion of health in this state.

(e)  To charge and
collect reasonable fees for health services, including immunizations,
inspections and related activities, and the board shall charge fees for those
services; however, if it is determined that a person receiving services is
unable to pay the total fee, the board shall collect any amount that the person
is able to pay.  Any increase in the fees charged by the board under this paragraph
shall be in accordance with the provisions of Section 41-3-65.

(f)  (i)  To establish
standards for, issue permits and exercise control over, any cafes, restaurants,
food or drink stands, sandwich manufacturing establishments, and all other
establishments, other than churches, church-related and private schools, and
other nonprofit or charitable organizations, where food or drink is regularly
prepared, handled and served for pay; and

(ii)  To require
that a permit be obtained from the Department of Health before those persons
begin operation.  If any such person fails to obtain the permit required in
this subparagraph (ii), the State Board of Health, after due notice and
opportunity for a hearing, may impose a monetary penalty not to exceed One
Thousand Dollars ($1,000.00) for each violation.  However, the department is
not authorized to impose a monetary penalty against any person whose gross
annual prepared food sales are less than Five Thousand Dollars ($5,000.00).
Money collected by the board under this subparagraph (ii) shall be deposited to
the credit of the State General Fund of the State Treasury.

(g)  To promulgate
rules and regulations and exercise control over the production and sale of milk
pursuant to the provisions of Sections 75-31-41 through 75-31-49.

(h)  On presentation of
proper authority, to enter into and inspect any public place or building where
the State Health Officer or his representative deems it necessary and proper to
enter for the discovery and suppression of disease and for the enforcement of
any health or sanitary laws and regulations in the state.

(i)  To conduct
investigations, inquiries and hearings, and to issue subpoenas for the
attendance of witnesses and the production of books and records at any hearing
when authorized and required by statute to be conducted by the State Health
Officer or the State Board of Health.

(j)  To promulgate
rules and regulations, and to collect data and information, on (i) the delivery
of services through the practice of telemedicine; and (ii) the use of
electronic records for the delivery of telemedicine services.

(k)  To enforce and
regulate domestic and imported fish as authorized under Section 69-7-601 et
seq.

(5)  (a)  The State Board of
Health shall have the authority, in its discretion, to establish programs to
promote the public health, to be administered by the State Department of
Health. Specifically, those programs may include, but shall not be limited to,
programs in the following areas:

(i)  Maternal and
child health;

(ii)  Family
planning;

(iii)  Pediatric
services;

(iv)  Services to
crippled and disabled children;

(v)  Control of
communicable and noncommunicable disease;

(vi)  Chronic
disease;

(vii)  Accidental
deaths and injuries;

(viii)  Child care
licensure;

(ix)  Radiological
health;

(x)  Dental health;

(xi)  Milk
sanitation;

(xii)  Occupational
safety and health;

(xiii)  Food,
vector control and general sanitation;

(xiv)  Protection
of drinking water;

(xv)  Sanitation in
food handling establishments open to the public;

(xvi)  Registration
of births and deaths and other vital events;

(xvii)  Such public
health programs and services as may be assigned to the State Board of Health by
the Legislature or by executive order; and

(xviii)  Regulation
of domestic and imported fish for human consumption.

(b)  [Deleted]

(c)  The State
Department of Health may undertake such technical programs and activities as
may be required for the support and operation of those programs, including
maintaining physical, chemical, bacteriological and radiological laboratories,
and may make such diagnostic tests for diseases and tests for the evaluation of
health hazards as may be deemed necessary for the protection of the people of
the state.

(6)  (a)  The State Board of
Health shall administer the local governments and rural water systems
improvements loan program in accordance with the provisions of Section 41-3-16.

(b)  The State Board of
Health shall have authority:

(i)  To enter into
capitalization grant agreements with the United States Environmental Protection
Agency, or any successor agency thereto;

(ii)  To accept
capitalization grant awards made under the federal Safe Drinking Water Act, as
amended;

(iii)  To provide
annual reports and audits to the United States Environmental Protection Agency,
as may be required by federal capitalization grant agreements; and

(iv)  To establish
and collect fees to defray the reasonable costs of administering the revolving
fund or emergency fund if the State Board of Health determines that those costs
will exceed the limitations established in the federal Safe Drinking Water Act,
as amended.  The administration fees may be included in loan amounts to loan
recipients for the purpose of facilitating payment to the board; however, those
fees may not exceed five percent (5%) of the loan amount.

(7)  [Deleted]

(8)  Notwithstanding any
other provision to the contrary, the State Department of Health shall have the
following specific powers:  The State Department of Health is authorized to
issue a license to an existing home health agency for the transfer of a county
from that agency to another existing home health agency, and to charge a fee
for reviewing and making a determination on the application for such transfer
not to exceed one-half (1/2) of the authorized fee assessed for the original
application for the home health agency, with the revenue to be deposited by the
State Department of Health into the special fund created under Section 41-7-188.

(9)  [Deleted]

(10)  Notwithstanding any
other provision to the contrary, the State Department of Health shall have the
following specific powers:  The State Department of Health is authorized to
extend and renew any certificate of need that has expired, and to charge a fee
for reviewing and making a determination on the application for such action not
to exceed one-half (1/2) of the authorized fee assessed for the original
application for the certificate of need, with the revenue to be deposited by
the State Department of Health into the special fund created under Section 41-7-188.

(11)  Notwithstanding any
other provision to the contrary, the State Department of Health shall have the
following specific powers:  The State Department of Health is authorized and
empowered, to revoke, immediately, the license and require closure of any
institution for the aged or infirm, including any other remedy less than
closure to protect the health and safety of the residents of said institution
or the health and safety of the general public.

(12)  Notwithstanding any
other provision to the contrary, the State Department of Health shall have the
following specific powers:  The State Department of Health is authorized and
empowered, to require the temporary detainment of individuals for disease
control purposes based upon violation of any order of the State Health Officer,
as provided in Section 41-23-5.  For the purpose of enforcing such orders of
the State Health Officer, persons employed by the department as investigators
shall have general arrest powers.  All law enforcement officers are authorized
and directed to assist in the enforcement of such orders of the State Health
Officer.

(13)  Additionally, the
State Board of Health and the State Health Officer each are authorized and
directed to study the status of health care, in its broadest sense, throughout
the state.  The study should include challenges such as access to care; the
cost of care; indigent care; providing health care to the incarcerated; the
availability of health care workers, paraprofessionals, and professionals; the
effects of unhealthy lifestyle choices; the consequences of health care
facilities locating in affluent and urban areas to the detriment of less
affluent areas, small towns, and rural areas; and negative trends which may cause
ill effects if they continue.  The study shall also include opportunities to
improve health care, such as greater coordination among state agencies, local
governments, and other entities which provide various types of health care;
methods of increasing the health care workforce; and methods to increase the
location of health care facilities in distressed areas, rural areas, and small
towns.  All state agencies, the Legislative Budget Office and the Joint
Legislative Committee on Performance Evaluation and Expenditure Review (PEER)
are directed to assist the department in developing this study.  This provision
does not by itself grant any additional power to the State Board of Health or
the State Health Officer to require any entity to operate differently.  It
does, however, empower and direct them to obtain information and make
recommendations, and it does require all entities to cooperate with the board
and health officer as they seek information.

SECTION 27.  Section
41-26-3, Mississippi Code of 1972, is brought forward as follows:

41-26-3.  For purposes of
this chapter, the following terms shall have the meaning ascribed herein unless
the context clearly indicates otherwise:

(a)
"Administrator" means the Administrator of the U.S. Environmental Protection
Agency or the administrator's designee.

(b)  "Board"
means the Mississippi State Board of Health.

(c)  "Community
public water system" means a public water system serving at least fifteen
(15) individual service connections used by year-round consumers or regularly
servicing at least twenty-five (25) individual consumers year-round.

(d)
"Construction" means any placement, assembly or installation of
facilities or equipment, including contractual obligations to purchase those
facilities or equipment, at the location where the equipment will be used,
including any preparation work at any location.

(e)
"Contaminant" means any physical, chemical, biological or
radiological substance or matter in water.

(f)  "Cross
connection" means any direct interconnection between a public water system
and a nonpublic water system or other source which may result in the
contamination of the drinking water provided by the public water system.

(g)  "Department"
means the Mississippi State Department of Health.

(h)
"Director" means the State Health Officer or the health officer's
designee.

(i)  "Federal
act" means the Safe Drinking Water Act of 1974, as amended, principally
codified as 42 USCS Section 300(f) et seq.

(j)  "Federal
agency" means any department, agency or instrumentality of the United
States.

(k)  "Interested
party" means any person claiming an interest in the water system operation
that is the subject of the hearing and who may be affected by the water system.

(l)  "Maximum
contaminant level" means the maximum permissible level of a contaminant in
water which is delivered to any user of a public water system.

(m)
"Municipality" means a city, town, village or other public body
created by state law, or an Indian tribal organization authorized by law.

(n)  "National
primary drinking water regulations" means primary drinking water
regulations promulgated by the administrator under the federal act.

(o)
"Nontransient, noncommunity public water system" means a public water
system that is not a community water system and that regularly serves at least
twenty-five (25) of the same persons over six (6) months per year.

(p)  "Person"
means an individual, corporation, company, association, partnership,
municipality or federal agency.

(q)  "Public water
system" means a system for providing to the public piped water for human
consumption through pipes or other constructed conveyances if the system has at
least fifteen (15) service connections or regularly serves at least twenty-five
(25) individuals.  The term includes but is not limited to:

(i)  Any
collection, treatment, storage and distribution facilities under control of the
operator of the system and used primarily in connection with the system; and

(ii)  Any
collection or pre-treatment storage facilities not under the control which are
used primarily in connection with the system.

(r)  "Semi-public
water system" means a system for the provision to the public of water for
human consumption through pipes or other constructed conveyances if the system
has more than one (1) but less than fifteen (15) service connections.

(s)  "Supplier of
water" means any person who owns, or controls a public water system.

(t)
"Violator" means a public water system, an officer or director of a public
water system, an operator, certified or otherwise, or any other person
designated by a public water system or the department as the official
responsible for the operation of a public water system.

SECTION 28.
For purposes of Sections 1 through 28 of this act, notwithstanding any
provisions to the contrary in Chapter 3 to Title 77 of the Mississippi Code,
during any period a Community Public Water System or Community Public
Wastewater System is assigned a letter grade of "D" or "F",
any such system shall be considered grossly inefficient, irresponsible and
unresponsive to the needs of its customers such that it will be deemed to be
failing to render reasonably adequate service and from that point forward shall
be subject to the authority and jurisdiction of the Mississippi Public Service
Commission for the sole purpose of exercising any rights afforded said
commission under Sections 77-3-21 and 77-3-22.

SECTION 29.
The assessment, scores and letter grades described in this act shall not affect
a project's ranking under the department's Water Pollution Control Revolving
Loan Fund Program established under Section 49-17-85.  The framework
established pursuant to this act is separate and independent of the criteria
outlined in the department's Water Pollution Control Revolving Loan Fund
Program.

SECTION 30.
This act shall take effect and be in force from and after its passage.