AN ACT TO AMEND SECTION 79-11-394, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT ANY NONPROFIT, NONSHARE CORPORATION THAT FAILS TO TIMELY FILE THE REPORT REQUIRED UNDER THIS SECTION MAY BE SUBJECT TO THE PENALTIES OF DISSOLUTION OR DISALLOWANCE OF NONPROFIT STATUS, OR BOTH, AT THE DISCRETION OF THE STATE AUDITOR; TO AMEND SECTION 77-3-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PUBLIC SERVICE COMMISSION TO CANCEL A RURAL WATER COMPANY'S CERTIFICATE TO PROVIDE SERVICE UPON A FINDING THAT THE COMPANY DID NOT PROVIDE REASONABLY ADEQUATE SERVICE; TO AMEND SECTION 77-3-22, MISSISSIPPI CODE OF 1972, TO INCLUDE RURAL WATER COMPANIES; TO BRING FORWARD SECTIONS 77-3-11 AND 77-3-47, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
Impact
Moreover, SB2313 empowers the Public Service Commission (PSC) to revoke a rural water company's service certification if the company is found to be delivering inadequate service. The bill specifies enhanced oversight measures, enabling the PSC to assess the adequacy of service provided by these rural water companies. This amendment intends to ensure that rural communities receive reliable water services by holding utilities accountable for their operational performance.
Summary
Senate Bill 2313 aims to amend existing regulations regarding rural water companies in Mississippi. Specifically, the bill introduces stricter guidelines for nonprofit, nonshare corporations operating rural waterworks, emphasizing the need for timely financial reporting. Under the proposed amendments, these corporations must file annual financial reports within 90 days after the fiscal year closes, which must include a certification from their board president affirming the report's accuracy. Failure to comply could lead to penalties, including possible dissolution or loss of nonprofit status, contingent upon the State Auditor's discretion.
Contention
Debate surrounding SB2313 may arise from concerns over the regulatory burden it places on rural water companies, which often operate with limited resources. Critics could argue that such stringent reporting requirements might disproportionately affect smaller utilities that struggle to meet administrative demands. Furthermore, the power granted to the PSC to cancel service certifications raises questions about the balance of authority between state oversight and local providers, potentially igniting discussions around local governance and autonomy in service delivery.