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Mississippi Legislature· SB 2526Approved by Governor (Chapter 401)

Rural Water Oversight Committee; create and prescribe duties of., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Energy

By: Senator(s) Williams

Senate Bill 2526

(As Sent to Governor)

AN ACT TO CREATE THE MISSISSIPPI RURAL WATER OVERSIGHT
COMMITTEE; TO DEFINE TERMS; TO SET COMMITTEE MEMBERSHIP; TO REQUIRE PROVIDERS
TO OBTAIN A RATE STUDY AND CAPACITY STUDY BY DECEMBER 1, 2027, AND EVERY FIVE
YEARS THEREAFTER; TO PROVIDE REQUIREMENTS FOR RATES; TO PROVIDE FOR
MODIFICATION OF RATES ACCORDING TO RATE STUDIES; TO REQUIRE PROVIDERS TO
DEVELOP AN ASSET MANAGEMENT PLAN BY DECEMBER 1, 2027; TO STIPULATE MINIMUM
REQUIREMENTS FOR SUCH ASSET MANAGEMENT PLAN; TO ALLOW THE COMMITTEE TO
PROMULGATE RULES AND REGULATIONS CONCERNING THE RATE STUDIES, CAPACITY STUDIES
AND ASSET MANAGEMENT PLANS; TO REQUIRE PROVIDERS TO SET ASIDE A PORTION OF
GROSS REVENUES FOR REFURBISHMENT AND REPLACEMENT; TO REQUIRE THE COMMITTEE TO
MAINTAIN AN APPROVED LIST OF ENTITIES TO CONDUCT RATE STUDIES; TO PROVIDE
GUIDELINES FOR APPROVAL; TO REQUIRE A RATE STUDY OR AMENDMENT BEFORE
COMMENCEMENT OF A MAJOR DEVELOPMENT PROJECT; TO REQUIRE RATE STUDIES TO BE
FILED WITH THE STATE AUDITOR'S OFFICE; TO DESCRIBE WHEN A PROVIDER IS IN FISCAL
DISTRESS; TO REQUIRE THE MISSISSIPPI STATE DEPARTMENT OF HEALTH TO MAINTAIN A
LIST OF PROVIDERS IN FISCAL DISTRESS; TO REQUIRE PROVIDERS IN FISCAL DISTRESS
TO FILE AN IMPROVEMENT PLAN; TO STIPULATE ACTIONS UPON RECEIPT OF AN
IMPROVEMENT PLAN; TO PROHIBIT FISCALLY DISTRESSED PROVIDERS FROM RECEIVING
CERTAIN STATE FINANCIAL ASSISTANCE UNTIL AN IMPROVEMENT PLAN IS IN PLACE; TO
PROVIDE FOR REMOVAL OF BOARD MEMBERS UPON A FINDING OF FISCAL DISTRESS; TO
REQUIRE PROVIDERS AT 75% CAPACITY TO TAKE CERTAIN ACTIONS; TO PROVIDE THAT
NOTHING IN THIS ACT SHALL BE CONSTRUED AS CONFLICTING WITH FEDERAL LAW; TO
AMEND SECTION 41-3-16, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PAYMENT OF NEW
EMPLOYEES' ANNUAL SALARIES OUT OF THE LOCAL GOVERNMENTS AND RURAL WATER SYSTEMS
IMPROVEMENTS REVOLVING LOAN FUND; AND FOR RELATED PURPOSES.

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

SECTION 1.  As
used in this act, the following words shall have the meanings ascribed herein
unless context clearly requires otherwise:

(a)
"Committee" means the Mississippi Rural Water Oversight Committee as
created herein.

(b)
"Provider" means any provider of retail water service which is a
rural water company.

(c)  "Provider
board" means the governing body of a provider.

(d)  "Asset
management" means a process for maintaining a desired level of customer
service at the best appropriate cost and involves systematic planning for all
physical assets, including, but not limited to, pipes, pumps, treatment plants
and storage facilities.

SECTION 2.
(1)  There is hereby established the Mississippi Rural Water Oversight
Committee.

(2)  The committee shall
consist of the following members:

(a)  The Mississippi
State Director of the United States Department of Agriculture, or his or her
designee;

(b)  The Director of
the Bureau of Public Water Supply of the Mississippi State Department of
Health, or his or her designee;

(c)  The Executive
Director of the Mississippi Department of Environmental Quality, or his or her
designee;

(d)  A representative
of the Drinking Water State Revolving Fund, who shall be the same individual who
represents the Mississippi Rural Water Association on the Drinking Water State
Revolving Fund Board;

(e)  The Chief
Executive Officer of the Mississippi Rural Water Association, or his or her
designee;

(f)  One (1) member to
be appointed by the Governor of the State of Mississippi; and

(g)  One (1) member to
be appointed by the Lieutenant Governor of the State of Mississippi.

SECTION 3.
(1)  (a)  By December 1, 2027, and every five (5) years thereafter, each
provider shall obtain a rate study and capacity study.

(b)  (i)  Rates shall
adequately address costs for:

1.  Operation
and maintenance;

2.  Debt
service;

3.  Required
reserves;

4.
Depreciation;

5.  Future
capital expenses;

6.  An annual
audit or agreed-upon procedures and compilation report; and

7.  Other
expenses as necessary.

(ii)  1.  The rates
recommended in the rate study that is obtained and chosen by the provider shall
be implemented by the provider in the manner provided under the applicable law
for modifying rates.

2.  Except
with regard to required reserves, an increase in rates recommended in the rate
study shall be implemented within one (1) year of the receipt of the rate
study.

3.  If
recommended rates increase the provider's rates by fifty percent (50%) or more
from the fiscal year before the rate study was completed, the provider may
phase in the rate increase over a two-year period.

(2)  By December 1, 2027,
and every year thereafter, each provider shall develop an asset management plan
to be reported to the committee.  Plans should consider and account for, at
minimum:

(a)  The age, location,
condition and value of all physical assets;

(b)  Performance
expectations for water quality, pressure and reliability;

(c)  Customer service
standards;

(d)  Regular
maintenance and replacement needs and activities;

(e)  Any maintenance
schedules;

(f)  Procedures and
associated costs;

(g)  Cost projections;
and

(h)  Revenue strategies
for the future.

(3)  By December 1, 2026,
the committee shall promulgate rules and regulations concerning the
requirements of the rate study, the capacity study and the asset management
plan as described herein.  The committee shall also determine an entity to
provide guidelines for the rate study and capacity study to use as its basis.

(4)  In order to effectuate
the purposes of this act, the committee shall be authorized to hire three (3)
employees to assist local providers with conducting the required rate and
capacity studies, as well as with development of the required asset management
plan.  Subject to appropriation by the Legislature for such purpose, such
employees shall be paid an annual salary via disbursement of Five Hundred
Thousand Dollars ($500,000.00) made annually to the committee out of the Local
Governments and Rural Water Systems Improvements Revolving Loan Fund as created
in Section 41-3-16.  Such monies shall be disbursed according to all
requirements set forth in Section 41-3-16 and any other applicable provision of
law.

(5)  A provider shall
deposit a minimum of five percent (5%) per annum of gross revenues in a
dedicated refurbishment and replacement account within twelve (12) months of
implementation of any rate described herein, unless a different amount is
determined by a rate study or unless depreciation is being funded in the study.

(6)  (a)  The committee
shall maintain an approved list of entities to conduct rate studies required by
this section, including the Mississippi Rural Water Association, professional
engineers, certified public accountants, economists and actuaries.

(b)  If a provider
chooses an entity to conduct the rate study that is not on the approved list of
entities, the entity is required to have conducted at least one (1) rate study
in the state in the previous five-year period.

(7)  New providers seeking
approval from the committee shall:

(a)  Demonstrate the
ability to remain fiscally sustainable;

(b)  Complete a
technical, financial and managerial capacity review conducted by the
committee.  The committee shall review the State Health Department's technical,
financial and managerial lists.  Providers that receive a score of less than
seventy (70) points shall be reported to the committee; and

(c)  The Chief
Executive Officer of the Mississippi Rural Water Association may report any
provider to the committee that it deems in violation of the Mississippi
Nonprofit Corporation Act.

(8)  (a)  A provider that
plans to undertake a major development project shall obtain a rate study or
amend the provider's existing rate study before beginning the major development
project to include consideration of the financial impact of the major
development project on the fiscal sustainability of the provider.

(b)  As used in this
subsection, "major development project" means a project that exceeds
twenty percent (20%) of gross revenues of the provider for the immediately
preceding fiscal year.

(9)  A provider shall file
its most recent rate study annually with the State Auditor's office at the same
time the provider files its audit report or agreed-upon procedures and
compilation report.

(10)  (a)  For the purposes
of this section, a provider is in fiscal distress if the provider:

(i)  Fails to
obtain a rate study as required under this section;

(ii)  Fails to
implement a completed rate study as required under this section; or

(iii)  Has been
found by the committee to be in significant noncompliance with the rules of the
committee because of inadequate funds for operation and maintenance or
inadequate compliance with rules of the committee.

(b)  The Mississippi
State Department of Health shall maintain and publish on the department's
website a list of providers in fiscal distress and/or significant
noncompliance.

(c)  The committee
shall annually identify and notify a provider if the provider is in fiscal
distress.

(d)  The provider may
appeal the finding to the Circuit Courts of Hinds County, Madison County or
Rankin County.

(11)  (a)  A provider found
to be in fiscal distress shall file an improvement plan with the committee
within ninety (90) days of a finding of fiscal distress.  Such plan shall
include, but is not limited to including, specific action to be taken to
correct financial, technical and managerial deficiencies.

(b)  (i)  Upon receipt
of the improvement plan, the committee, or a party designated by the committee,
shall review the improvement plan and:

1.  Approve
the improvement plan in whole or in part;

2.  Modify the
improvement plan; or

3.  Deny the
improvement plan.

(ii)  At the time
the committee determines that the provider is no longer in fiscal distress, the
committee shall remove the fiscal distress designation and notify the provider.

(12)  If a provider is found
to be in fiscal distress, the provider shall not receive state financial
assistance for water operations until an improvement plan that has been
approved by the committee is in place, unless the financial assistance is
immediately necessary to ensure preservation of the public peace, health and
safety, as determined by the committee.

(13)  If the provider is
found to be in fiscal distress, the provider shall obtain written authorization
from the committee prior to:

(a)  Incurring
additional debt;

(b)  Accepting
assistance for the refurbishment or replacement of facilities or construction
of facilities not within the provider's improvement plan; or

(c)  Transferring
assets to another entity.

(14)  If a provider is found
to be in fiscal distress and the board of such provider is nonfunctional, the
committee shall direct the Mississippi Rural Water Association, in conjunction
with the Mississippi Department of Health and the Secretary of State, to use all
laws available, including the Mississippi Nonprofit Corporation Act, to remove
or replace such board or board members.

SECTION 4.
(1)  Upon reaching seventy-five percent (75%) of a system's total capacity,
providers shall make plans to upgrade their utility to increase its capacity
design.

(2)  Upon commencement of
places to upgrade a utility, providers shall also update an asset management
plan to prepare such utilities for future economic growth.

(3)  Any provider which
fails to meet the requirements of this subsection is subject to a statement of
deficiency issued by the Mississippi State Department of Health.

SECTION 5.
Nothing in this act shall be construed to conflict with the provisions of 7 USC
Section 1926(b).

SECTION 6.  Section
41-3-16, Mississippi Code of 1972, is amended as follows:

41-3-16.  (1)  (a)  There is
established a local governments and rural water systems improvements revolving
loan and grant program to be administered by the State Department of Health,
referred to in this section as "department," for the purpose of
assisting counties, incorporated municipalities, the Pearl River Valley Water
Supply District, other districts and other water organizations that have been
granted tax-exempt status under either federal or state law, in making
improvements to their water systems, including construction of new water
systems or expansion or repair of existing water systems.  Loan and grant
proceeds may be used by the recipient for planning, professional services,
acquisition of interests in land, acquisition of personal property,
construction, construction-related services, maintenance, and any other
reasonable use which the board, in its discretion, may allow.  For purposes of
this section, "water systems" has the same meaning as the term
"public water system" under Section 41-26-3.

(b)  (i)  There is
created a board to be known as the "Local Governments and Rural Water
Systems Improvements Board," referred to in this section as
"board," to be composed of the following nine (9) members:  the
State Health Officer, or his designee, who shall serve as chairman of the
board; the Executive Director of the Mississippi Development Authority, or his
designee; the Executive Director of the Department of Environmental Quality, or
his designee; the Executive Director of the Department of Finance and
Administration, or his designee; the Executive Director of the Mississippi
Association of Supervisors, or his designee; the Executive Director of the
Mississippi Municipal League, or his designee; the Executive Director of the
American Council of Engineering Companies of Mississippi, or his designee; the
State Director of the United States Department of Agriculture, Rural
Development, or his designee; and a manager of a rural water system.

The Governor shall appoint a
manager of a rural water system from a list of candidates provided by the
Executive Director of the Mississippi Rural Water Association.  The Executive
Director of the Mississippi Rural Water Association shall provide the Governor
a list of candidates which shall contain a minimum of three (3) candidates for
each appointment.

(ii)  Nonappointed
members of the board may designate another representative of their agency or
association to serve as an alternate.

(iii)  The
gubernatorial appointee shall serve a term concurrent with the term of the
Governor and until a successor is appointed and qualified.  No member, officer
or employee of the Board of Directors of the Mississippi Rural Water
Association shall be eligible for appointment.

(c)  The department, if
requested by the board, shall furnish the board with facilities and staff as
needed to administer this section.  The department may contract, upon approval
by the board, for those facilities and staff needed to administer this section,
including routine management, as it deems necessary.  The board may advertise
for or solicit proposals from public or private sources, or both, for
administration of this section or any services required for administration of
this section or any portion thereof.  It is the intent of the Legislature that
the board endeavors to ensure that the costs of administration of this section
are as low as possible in order to provide the water consumers of Mississippi
safe drinking water at affordable prices.

(d)  Members of the
board may not receive any salary, compensation or per diem for the performance
of their duties under this section.

(2)  (a)  There is created a
special fund in the State Treasury to be designated as the "Local
Governments and Rural Water Systems Improvements Revolving Loan Fund,"
referred to in this section as "revolving fund," which fund shall
consist of those monies as provided in Sections 6 and 13 of Chapter 521, Laws
of 1995.  The revolving fund may receive appropriations, bond proceeds, grants,
gifts, donations or funds from any source, public or private.  Except as
otherwise provided in this section, the revolving fund shall be credited with
all repayments of principal and interest derived from loans made from the
revolving fund.  Except as otherwise provided in this section, the monies in
the revolving fund may be expended only in amounts appropriated by the
Legislature, and the different amounts specifically provided for the loan
program and the grant program shall be so designated.  Except as otherwise
provided in this section, monies in the fund may only be expended for the grant
program from the amount designated for such program.  The revolving fund shall
be maintained in perpetuity for the purposes established in this section and
Sections 6 through 20 of Chapter 521, Laws of 1995.  Unexpended amounts
remaining in the revolving fund at the end of a fiscal year shall not lapse
into the State General Fund, and any interest earned on amounts in the
revolving fund shall be deposited to the credit of the fund.  Monies in the
revolving fund may not be used or expended for any purpose except as authorized
under this section and Sections 6 through 20 of Chapter 521, Laws of 1995.  Any
monies in the fund may be used to match any federal funds that are available
for the same or related purposes for which funds are used and expended under
this section and Sections 6 through 20 of Chapter 521, Laws of 1995.  Any
federal funds shall be used and expended only in accordance with federal laws, rules
and regulations governing the expenditure of those funds.  No person shall use
any monies from the revolving fund for the acquisition of real property or any
interest in real property unless that property is integral to the project
funded under this section and the purchase is made from a willing seller.  No
county, incorporated municipality or district shall acquire any real property
or any interest in any real property for a project funded through the revolving
fund by condemnation.  The board's application of Sections 43-37-1 through 43-37-13
shall be no more stringent or extensive in scope, coverage and effect than
federal property acquisition laws and regulations.

(b)  There is created a
special fund in the State Treasury to be designated as the "Local
Governments and Rural Water Systems Emergency Loan Fund," hereinafter
referred to as "emergency fund," which fund shall consist of those
monies as provided in Sections 6 and 13 of Chapter 521, Laws of 1995.  The
emergency fund may receive appropriations, bond proceeds, grants, gifts,
donations or funds from any source, public or private.  Except as otherwise
provided in this section, the emergency fund shall be credited with all
repayments of principal and interest derived from loans made from the emergency
fund.  Except as otherwise provided in this section, the monies in the
emergency fund may be expended only in amounts appropriated by the
Legislature.  The emergency fund shall be maintained in perpetuity for the
purposes established in this section and Section 6 of Chapter 521, Laws of
1995.  Unexpended amounts remaining in the emergency fund at the end of a
fiscal year shall not lapse into the State General Fund.  Any interest earned
on amounts in the emergency fund shall be deposited to the credit of the fund.
Monies in the emergency fund may not be used or expended for any purpose except
as authorized under this section and Section 6 of Chapter 521, Laws of 1995.

(c)  The board created
in subsection (1) shall establish loan and grant programs by which loans and
grants may be made available to counties, incorporated municipalities,
districts or other water organizations that have been granted tax-exempt status
under either federal or state law, to assist those counties, incorporated
municipalities, districts or water organizations in making water systems
improvements, including the construction of new water systems or expansion or
repair of existing water systems.  Any entity eligible under this section may
receive either a loan or a grant, or both.  No grant awarded under the program
established in this section may be made using funds from the loan program.
Grants may be awarded only when the Legislature specifically appropriates funds
for that particular purpose.  The interest rate on those loans may vary from
time to time and from loan to loan, and will be at or below market interest
rates as determined by the board.  The board shall act as quickly as is
practicable and prudent in deciding on any loan request that it receives.
Loans from the revolving fund or emergency fund may be made to counties,
incorporated municipalities, districts or other water organizations that have
been granted tax-exempt status under either federal or state law, as set forth
in a loan agreement in amounts not to exceed one hundred percent (100%) of
eligible project costs as established by the board.  The board may require
county, municipal, district or other water organization participation or
funding from other sources, or otherwise limit the percentage of costs covered
by loans from the revolving fund or the emergency fund.  The board may establish
a maximum amount for any loan from the revolving fund or emergency fund in
order to provide for broad and equitable participation in the programs.

(d)  A county that receives
a loan from the revolving fund or the emergency fund shall pledge for repayment
of the loan any part of the homestead exemption annual tax loss reimbursement
to which it may be entitled under Section 27-33-77, as may be required to meet
the repayment schedule contained in the loan agreement.  An incorporated
municipality that receives a loan from the revolving fund or the emergency fund
shall pledge for repayment of the loan any part of the sales tax revenue
distribution to which it may be entitled under Section 27-65-75, as may be
required to meet the repayment schedule contained in the loan agreement.  All
recipients of such loans shall establish a dedicated source of revenue for
repayment of the loan.  Before any county or incorporated municipality shall
receive any loan, it shall have executed with the Department of Revenue and the
board a loan agreement evidencing that loan.  The loan agreement shall not be
construed to prohibit any recipient from prepaying any part or all of the funds
received.  The repayment schedule in each loan agreement shall provide for (i)
monthly payments, (ii) semiannual payments, or (iii) other periodic payments,
the annual total of which shall not exceed the annual total for any other year
of the loan by more than fifteen percent (15%).  Except as otherwise provided
in subsection (4) of this section, the loan agreement shall provide for the
repayment of all funds received from the revolving fund within not more than
fifteen (15) years or a term as otherwise allowed by the federal Safe Drinking
Water Act, and all funds received from the emergency fund within not more than
five (5) years from the date of project completion, and any repayment shall
commence not later than one (1) year after project completion.  The Department
of Revenue shall withhold semiannually from counties and monthly from
incorporated municipalities from the amount to be remitted to the county or
municipality, a sum equal to the next repayment as provided in the loan
agreement.

(e)  Any county,
incorporated municipality, district or other water organization desiring to
construct a project approved by the board which receives a loan from the state
for that purpose but which is not eligible to pledge for repayment under the
provisions of paragraph (d) of this subsection shall repay that loan by making
payments each month to the State Treasurer through the Department of Finance
and Administration for and on behalf of the board according to Section 7-7-15,
to be credited to either the revolving fund or the emergency fund, whichever is
appropriate, in lieu of pledging homestead exemption annual tax loss
reimbursement or sales tax revenue distribution.

Loan repayments shall be
according to a repayment schedule contained in each loan agreement as provided
in paragraph (d) of this subsection.

(f)  Any district
created pursuant to Sections 19-5-151 through 19-5-207 that receives a loan
from the revolving fund or the emergency fund shall pledge for repayment of the
loan any part of the revenues received by that district pursuant to Sections 19-5-151
through 19-5-207, as may be required to meet the repayment schedule contained
in the loan agreement.

(g)  The State Auditor,
upon request of the board, shall audit the receipts and expenditures of a county,
an incorporated municipality, district or other water organization whose loan
repayments appear to be in arrears, and if the auditor finds that the county,
incorporated municipality, district or other water organization is in arrears
in those repayments, the auditor shall immediately notify the chairman of the
board who may take any action as may be necessary to enforce the terms of the
loan agreement, including liquidation and enforcement of the security given for
repayment of the loan, and the Executive Director of the Department of Finance
and Administration who shall withhold all future payments to the county of
homestead exemption annual tax loss reimbursements under Section 27-33-77 and
all sums allocated to the county or the incorporated municipality under Section
27-65-75 until such time as the county or the incorporated municipality is
again current in its loan repayments as certified by the board.

(h)  Subject to
appropriation by the Legislature, the Local Governments and Rural Water Systems
Improvements Revolving Loan Fund created in paragraph (a) of this subsection
(2) shall disburse monies for the purpose of paying the annual salaries of
three (3) employees hired by a statewide nonprofit organization with an
established circuit rider program.  Such disbursement shall be not less than
Five Hundred Thousand Dollars ($500,000.00) annually, to be divided equitably
per salary according to such organization's determination.  This paragraph (h)
shall stand repealed on July 1, 2031.

( * * *hi)  Except as otherwise provided in
this section, all monies deposited in the revolving fund or the emergency fund,
including loan repayments and interest earned on those repayments, shall be
used only for providing loans or other financial assistance to water systems as
the board deems appropriate.  In addition, any amounts in the revolving fund or
the emergency fund may be used to defray the reasonable costs of administering
the revolving fund or the emergency fund and conducting activities under this
section and Sections 6 through 20 of Chapter 521, Laws of 1995, subject to any
limitations established in the federal Safe Drinking Water Act, as amended and
subject to annual appropriation by the Legislature.  The department is
authorized, upon approval by the board, to use amounts available to it from the
revolving fund or the emergency fund to contract for those facilities and staff
needed to administer and provide routine management for the funds and loan
program.  However, notwithstanding any other provision of law to the contrary,
all or any portion of repayments of principal and interest derived from the
fund uses described in this section may be designated or pledged for repayment
of a loan as provided for in Section 31-25-28 in connection with a loan from
the Mississippi Development Bank.

(3)  In administering this
section and Sections 6 through 20 of Chapter 521, Laws of 1995, the board
created in subsection (1) of this section shall have the following powers and
duties:

(a)  To supervise the
use of all funds made available under this section and Sections 6 through 20 of
Chapter 521, Laws of 1995, for local governments and rural water systems
improvements;

(b)  To promulgate
rules and regulations, to make variances and exceptions thereto, and to
establish procedures in accordance with this section and Sections 6 through 20
of Chapter 521, Laws of 1995, for the implementation of the local governments
and rural water systems improvements revolving loan program;

(c)  To require, at the
board's discretion, any loan or grant recipient to impose a per connection fee
or surcharge or amended water rate schedule or tariff on each customer or any
class of customers, benefiting from an improvement financed by a loan or grant
made under this section, for repayment of any loan funds provided under this
section and Sections 6 through 20 of Chapter 521, Laws of 1995.  The board may
require any loan or grant recipient to undergo a water system viability
analysis and may require a loan or grant recipient to implement any result of
the viability analysis.  If the loan recipient fails to implement any result of
a viability analysis as required by the board, the board may impose a monetary
penalty or increase the interest rate on the loan, or both.  If the grant
recipient fails to implement any result of a viability analysis as required by
the board, the board may impose a monetary penalty on the grant;

(d)  To review and
certify all projects for which funds are authorized to be made available under
this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for local
governments and rural water systems improvements;

(e)  To requisition
monies in the Local Governments and Rural Water Systems Improvements Revolving
Loan Fund and the Local Governments and Rural Water Systems Emergency Loan Fund
and distribute those monies on a project-by-project basis in accordance with
this section;

(f)  To ensure that the
funds made available under this section and Sections 6 through 20 of Chapter
521, Laws of 1995, to a county, an incorporated municipality, a district or a
water organization that has been granted tax-exempt status under either federal
or state law provide for a distribution of projects and funds among the
entities under a priority system established by the board;

(g)  To maintain in
accordance with generally accepted government accounting standards an accurate
record of all monies in the revolving fund and the emergency fund made
available to counties, incorporated municipalities, districts or other water
organizations under this section and Sections 6 through 20 of Chapter 521, Laws
of 1995, and the costs for each project;

(h)  To establish
policies, procedures and requirements concerning viability and financial
capability to repay loans that may be used in approving loans available under
this section, including a requirement that all loan recipients have a rate
structure which will be sufficient to cover the costs of operation,
maintenance, major equipment replacement and repayment of any loans made under
this section; and

(i)  To file annually
with the Legislature a report detailing how monies in the Local Governments and
Rural Water Systems Improvements Revolving Loan Fund and the Local Governments
and Rural Water Systems Emergency Loan Fund were spent during the preceding
fiscal year in each county, incorporated municipality, district or other water
organization, the number of projects approved and constructed, and the cost of
each project.

For efficient and effective
administration of the loan program, revolving fund and emergency fund, the
board may authorize the department or the State Health Officer to carry out any
or all of the powers and duties enumerated above.

(4)  The board may, on a
case-by-case basis and to the extent allowed by federal law, renegotiate the payment
of principal and interest on loans made under this section to the six (6) most
southern counties of the state covered by the Presidential Declaration of Major
Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and
to incorporated municipalities, districts or other water organizations located
in such counties; however, the interest on the loans shall not be forgiven for
a period of more than twenty-four (24) months and the maturity of the loans
shall not be extended for a period of more than forty-eight (48) months.

SECTION 7.  This act
shall take effect and be in force from and after July 1, 2026.
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