Bill Text: MS HB1340 | 2010 | Regular Session | Introduced

Mississippi House Bill 1340 (Prior Session Legislation)

Introduced

Bill Title: Rural water associations; authorize PSC to conduct management reviews on.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [HB1340 Detail]

Download: Mississippi-2010-HB1340-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Public Property

By: Representative Ellis

House Bill 1340

AN ACT TO ALLOW THE PUBLIC SERVICE COMMISSION TO INITIATE A MANAGEMENT REVIEW OF ANY RURAL WATER ASSOCIATIONS; TO REQUIRE THE RURAL WATER ASSOCIATIONS TO RENDER TO THE COMMISSION BOOKS, RECORDS AND OTHER ITEMS PRESCRIBED BY THE COMMISSION FOR MANAGEMENT REVIEW; TO AMEND SECTION 77-3-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. The Public Service Commission may, in its discretion, initiate a management review of any rural water associations including the rates of which are subject to regulation, once every five (5) years, and at such other times deemed necessary by the commission as determined by it during a hearing, by a competent, qualified and independent firm, such review to examine thoroughly the efficiency and effectiveness of management decisions among other factors as directed by the commission. Such rural water associations shall render to the commission for such purpose books, records and other items prescribed by the commission. The cost of such review is to be borne by the particular rural water association subject to the review; provided, however, that rural water associations subject to regulation by and auditing of the Interstate Commerce Commission shall not be required to bear the expense of additional management review required hereunder.

Whenever the commission is of the opinion that it is in the public interest to do so, the commission may in its discretion initiate a management review of any other rural water associations, the rates of which are subject to regulation under the provisions of this section, in accordance with the procedures set forth above in this section.

The commission shall not contract for such management review with any firm that has within three (3) years prior thereto performed a financial audit on behalf of such rural water associations nor on behalf of any affiliate, subsidiary, holding or parent company.

SECTION 2. Section 77-3-5, Mississippi Code of 1972, is amended as follows:

77-3-5. Subject to the limitations imposed in this article and in accordance with the provisions hereof, the Public Service Commission shall have exclusive original jurisdiction over the intrastate business and property of public utilities, and rural water associations. However, the commission shall not have jurisdiction over the production and gathering of natural gas or the sale of natural gas in or within the vicinity of the field where produced, or over the facilities and equipment utilized in any such operations including, but not limited to, such facilities as separators, scrubbers and gasoline plants of all types. Moreover, the commission shall not have jurisdiction to regulate the rates for the sales:

(a) Of gas, water, electricity or sewage disposal services by municipalities to such persons as said municipalities are authorized by law to serve;

(b) Of gas or electricity by cooperative gas or electric power associations to the members thereof as consumers, except as provided by Sections 77-3-15 and 77-3-17, where service is rendered in a municipality; or

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SECTION 3. This act shall take effect and be in force from and after July 1, 2010.