Bolivar County; authorize to create utility district to own, control, operate and maintain Choctaw Sewer Association System., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Local and Private Legislation

By: Representative Sanders

House Bill 1870

(As Sent to Governor)

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF BOLIVAR
COUNTY, MISSISSIPPI, TO ESTABLISH A UTILITY DISTRICT WITHIN THE COMMUNITY OF
CHOCTAW FOR THE PURPOSE OF OWNING, CONTROLLING, OPERATING AND MAINTAINING THE
CHOCTAW SEWER ASSOCIATION SYSTEM FACILITIES; TO PROVIDE FOR THE POWERS AND
DUTIES OF THE UTILITY DISTRICT; TO AUTHORIZE THE BOARD OF SUPERVISORS OF
BOLIVAR COUNTY TO TRANSFER ASSETS AND OTHER PROPERTY TO THE DISTRICT, AND TO
CONTRIBUTE FUNDS AND SERVICES FOR THE REPAIR AND IMPROVEMENT OF THE SEWER SYSTEM
FACILITIES; AND FOR RELATED PURPOSES.

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

SECTION 1.  As used
in this act:

(a)  "Board"
means the board of supervisors of the county.

(b)
"Community" means the community of Choctaw in the county.

(c)  "County"
means Bolivar County, Mississippi.

(d)  "MDEQ"
means the Mississippi Department of Environmental Quality.

(e)  "System"
means the existing sewer system facilities related to the Choctaw Sewer
Association located in the community, including the lift station, treatment lagoon
and pipes located in the public rights-of-way and related facilities.

(f)  "Utility
district" means the utility district created by the board under this act.

SECTION 2.  The board
is authorized, in its discretion, to pay out of any available general funds of
the county for the purpose of repairing and improving the system located in the
community.  The board may also apply for and use grant funds for the same
purposes herein.  The board may undertake such repairs and improvements through
the use of county employees or by contract with third parties.

SECTION 3.  (1)
Because of the continual disrepair, neglect and inadequacy of the system,
including the lack of a proper legal body owning and operating the system, and
for the public benefit and necessity of the system's users, upon the board's
determination of the adequate repair and improvement of the system, the board
may initiate the incorporation of a utility district under this section.
However, Sections 19-5-151 through 19-5-167, Mississippi Code of 1972, shall
not apply, as the creation and formation of the utility district by the board
shall be exclusively as set forth in this section by adopting a resolution
determining the following:

(a)  A statement that
the public convenience and necessity require the creation of the utility
district for the purposes of owning, controlling, operating and maintaining the
system;

(b)  The proposed
boundaries of the district;

(c)  The name of the
district;

(d)  A statement of
whether or not the board shall exercise its authority to levy the tax as
provided in Section 19-5-189, Mississippi Code of 1972, and/or to make
assessments as provided in Section 19-5-191, Mississippi Code of 1972;

(e)  The appointment by
the board of a board of commissioners to govern the utility district consisting
of no fewer than three (3) members and no more than five (5) members.  Upon
their initial appointment, each commissioner shall serve a term of two (2)
years; thereafter, each commissioner shall be appointed and shall hold office
for a term of five (5) years.  Any vacancy occurring on the board of
commissioners shall be filled by the board at any regular meeting of the board,
and the board shall have the authority to fill the unexpired term of any
commissioner.  Notwithstanding the appointing authority herein granted to the
board and any other authority granted in this act, the board's legal and actual
responsibilities, authority and function, subsequent to the creation of the
utility district, shall be specifically limited to the appointing function and
responsibilities outlined in Sections 19-5-179, 19-5-189 and 19-5-191,
Mississippi Code of 1972, except that the board shall have authority to
dissolve, redefine and reconfigure such utility district as may be appropriate
to ensure the most appropriate and efficient provision of services for the
county's citizens.  The operation and management of the utility district, and
all other matters in connection therewith, shall be vested solely and only in
the board of commissioners to the specific exclusion of the board.

(2)  Upon the adoption by
the board of the resolution as set forth in this section, the utility district
shall be created, and it shall have, to the exclusion of any other entity, the
sole and exclusive authority, powers and responsibilities set forth in this act
and in Sections 19-5-169 through 19-5-207, Mississippi Code of 1972, unless
otherwise stated herein, for the operation, maintenance and improvement of the
system.

SECTION 4.  The
utility district, by and through its board of commissioners, shall also have
the following additional powers and authority:

(a)  To be exempt from
obtaining a certificate of convenience and public necessity from the
Mississippi Public Service Commission for operation of the system as set forth
in Section 19-5-177, Mississippi Code of 1972, because the system has
previously been constructed;

(b)  To contract for
the operation and maintenance of, and administrative services for, the system
with any party deemed reasonable, necessary and in the best interest of the
customers of the utility district; and

(c)  To collect
delinquent sewer user fees by entering into an agreement with any water
association or other entity supplying water to the premises of the customers of
the utility district, authorizing the water association to shut off the water
service of any of its customers who are sixty (60) days delinquent in the
payment of charges for sewer services provided by the utility district.  The
utility district may pay reasonable fees to the water association for the
provision of such disconnection services and any reasonably anticipated loss
revenues to the water association resulting from the disconnection of water
services, and may make any fee, rate or expense schedule associated therewith
to recoup funds from its customers for the provision of such disconnection
services.  Any agreement entered into under this paragraph (c) shall at a
minimum:

(i)  Require the
utility district to notify the water association, by a method agreeable to the
utility district and the water association, of any customer who also has sewer
service provided by the utility district who is delinquent in the payment of
sewer charges by sixty (60) days or more;

(ii)  Provide that,
upon receipt of a notification, the water association shall shut off the water
service of the named customer until payment is made for the outstanding sewer
services that are due and owing to the utility district;

(iii)  Provide that,
upon satisfaction of the delinquency and any fees and/or penalties connected
with the delinquency and the discontinuation or reconnection of water service,
the water association shall restart the water service of the customer; and

(iv)  Provide that
the utility district shall save and hold harmless the water association against
any and all claims based on the disconnection of water service and any other
reasonable damages resulting from any action taken by the water association
acting under an agreement entered into under this paragraph (c).

SECTION 5.  Upon the
creation of the utility district under this act, the board is authorized, in
its discretion, to transfer, convey or donate any sewer, water and wastewater
assets that it may own related to the system, as well as any lands, rights,
easements, franchises and other property, real and personal, including funds,
necessary for the completion and operation of the system to the utility
district.

SECTION 6.  Upon the
creation of the utility district and transfer of all relevant property and/or
services stated in Section 5 of this act, the county and/or the utility
district shall submit a Request for Transfer of Permit form to MDEQ to remove
the county from any National Pollutant Discharge Elimination System permit and
any other permit granted by MDEQ.  MDEQ shall accept such submission and grant
the removal of the county from any and all permits issued by MDEQ related to
the system.

SECTION 7.  This act
shall be liberally construed for the purposes set forth herein, the powers
granted being additional, cumulative and supplemental to any power granted to
the county or any municipality or district therein by any general or local and
private act of the Legislature.

SECTION 8.  This act
shall take effect and be in force from and after its passage.