Bill Text: MS SB2763 | 2012 | Regular Session | Engrossed
Bill Title: Public water authorities; prohibit eminent domain of water or sewer facilities unless PSC cancels certificate for service area.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2012-04-03 - Died In Committee [SB2763 Detail]
Download: Mississippi-2012-SB2763-Engrossed.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Energy
By: Senator(s) Lee
Senate Bill 2763
(As Passed the Senate)
AN ACT TO AMEND SECTION 51-41-1, MISSISSIPPI CODE OF 1972, TO REVISE THE LEGISLATIVE INTENT OF THE CHAPTER OF LAW CREATING PUBLIC WATER AUTHORITIES; TO AMEND SECTION 51-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF CERTAIN TERMS; TO CREATE SECTION 51-41-8, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY MUNICIPALITY FROM EXERCISING EMINENT DOMAIN OVER THE FACILITIES OF A QUALIFIED CORPORATION OR WATER AUTHORITY, UNLESS THE PUBLIC SERVICE COMMISSION CANCELS THE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE SERVICE AREA WHEREIN THE FACILITIES ARE LOCATED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 51-41-1, Mississippi Code of 1972, is amended as follows:
51-41-1. It is the intent of the Legislature to provide a means, in addition to the incorporation of districts authorized in Sections 19-1-151 through 19-5-207, by which not-for-profit corporations or associations involved in the provision of * * * water or sewer services to members of the public and others for compensation may convert their entity status from that of a body corporate to that of a body politic, thereby allowing those entities the opportunity to access the tax-exempt capital markets and thereby assuring the State of Mississippi and the customers of those entities of water or sewer services at reasonable rates.
SECTION 2. Section 51-41-3, Mississippi Code of 1972, is amended as follows:
51-41-3. As used in this chapter, unless the context otherwise requires:
(a) "Board" means the board of directors of the water authority;
(b) "Bond" means any bond, promissory note, lease purchase agreement or other evidence of indebtedness of any nature along with all debt securing instruments of every nature related thereto;
(c) "Indenture" means a mortgage, an indenture of mortgage, deed of trust, trust agreement, loan agreement, security agreement or trust indenture executed by the water authority as security for any bonds;
(d) "Project" means any raw or potable water or wastewater intake, treatment, distribution, transmission, storage, pumping, well site, well field or other facility or system, or any combination of the foregoing, that has as its purpose the providing of * * * water or sewer services for compensation to members of the public and commercial, industrial or other users or the treatment of wastewater, along with any and all other appurtenances, equipment, betterments or improvements related thereto. The above projects may include any lands, or interest in any lands, deemed by the board to be desirable in connection with the projects, and necessary equipment for the proper functioning and operation of the buildings or facilities involved;
(e) "Qualified corporation" means any not-for-profit corporation or association that provides, distributes, transmits, treats, pumps or stores raw or potable water or provides sewer service to or for the benefit of members of the general public and commercial, industrial and other users for compensation;
(f) "United States" means the United States of America or any of its agencies or instrumentalities;
(g) "State" means the State of Mississippi; and
(h) "Water authority" means that body politic and governmental entity organized under the provisions of this chapter.
SECTION 3. The following shall be codified as Section 51-41-8, Mississippi Code of 1972:
51-41-8. Any municipality or other entity shall not exercise the power of eminent domain over the facilities of a qualified corporation or water authority unless the Public Service Commission, pursuant to Section 77-3-21, cancels the certificate of public convenience and necessity granted to the qualified corporation or water authority pursuant to Section 77-3-13 for the service area wherein the facilities are located. Nothing in this chapter shall be construed as a waiver by any water authority, qualified corporation or water provider, of any right granted to it under federal law. The Public Service Commission shall not have jurisdiction to regulate the rates for the sale of water or sewer services by any nonprofit corporation, association or water authority created by this chapter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.
