House Bill 1217

AN ACT TO REQUIRE THE GOVERNING AUTHORITIES OF A MUNICIPALITY OR A COUNTY BOARD OF SUPERVISORS TO ENTER INTO AN AGREEMENT CONCERNING THE REMOVAL OF UNDERGROUND UTILITIES WHENEVER A CONSTRUCTION PROJECT HAS BEEN PERMITTED FOR SUCH MUNICIPALITY OR COUNTY; TO PROVIDE CERTAIN TIMELINES TO ENTER INTO THE AGREEMENT FOR SUCH REMOVAL AS WELL AS THE DEADLINES FOR SUCH REMOVAL; TO PROVIDE CERTAIN PENALTIES IF CERTAIN DEADLINES ARE NOT MET FOR THE REMOVAL OF THE UNDERGROUND UTILITIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Upon the permitting of a construction project by the governing authorities of a municipality or a county board of supervisors, such municipality or county shall prepare a timeline for moving a public utility's underground utilities for the project. As used in this act, "utility" shall have the same meaning as prescribed under Section 77-3-3.

(2) The timeline for the removal of such underground utilities shall be given to a utility by the municipality or county, and such utility shall have sixty (60) days to review and comment upon the timeline.

(3) (a) After the review period, as prescribed under this act, the municipality or county and the utility shall enter into an agreement within sixty (60) days for moving the utilities.

(b) Failure to enter into an agreement, as prescribed under this act, within sixty (60) days shall trigger a penalty of Five Hundred Dollars ($500.00) per day against the utility, and such penalty shall be made payable to the municipality or county, until such agreement is entered.

(5) Failure to meet the deadlines prescribed in the agreement entered into by the municipality or county and the utility shall trigger a penalty of Five Hundred Dollars ($500.00) per day against the utility, and such penalty shall be made payable to the municipality or county until such deadlines are met.

(6) Before any penalty is levied, as authorized by this act, the municipality or county shall provide the utility thirty (30) days notice in writing of its intent to levy such penalty.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.