City of Brandon and West Rankin Utility Authority; authorize to enter agreements w/data center for water & wastewater infrastructure., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Local and Private

By: Senator(s) Harkins

Senate Bill 3410

(As Sent to Governor)

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

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

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

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

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

(c)  "City"
means the City of Brandon, Mississippi.

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

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

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

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

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

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

(c)  Establishing fixed
or formula-based rates and charges subject to the terms of the negotiated
agreement.

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