Bill Text: MS HB1306 | 2026 | Regular Session | Introduced
Bill Title: Community Drinking Water Infrastructure Sustainability Act; create.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB1306 Detail]
Download: Mississippi-2026-HB1306-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Powell
House Bill 1306
AN ACT TO CREATE THE "COMMUNITY DRINKING WATER INFRASTRUCTURE SUSTAINABILITY ACT"; 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. This act shall be known and may be cited as the "Community Drinking Water Infrastructure Sustainability Act".
(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 3. 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 4. 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 5. (1) The board shall promulgate rules and regulations to establish and implement the community public water system letter grade schedule provided for in this act. The 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 board that is used 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 6. The board shall publish the first letter grades issued pursuant to this act no later than January 1, 2028.
SECTION 7. 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) (a) 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 act 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.
(b) If the commissioners of the water district wish to establish a water association, the court order of dissolution shall also decree that commissioners incorporate as a water association under Sections 79-11-101 through 79-11-407 of the Mississippi Nonprofit Corporation Act.
SECTION 8. 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 9. 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 10. 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 11. This act shall take effect and be in force from and after July 1, 2026.
