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MS SB2433

Bill

Status

Passed

3/8/2023

Primary Sponsor

Walter Michel

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Origin

Senate

2023 Regular Session

AI Summary

  • Exempts eligible homeowners associations from utility regulation when distributing water only to their own residents, regardless of whether the subdivision is within a Certificate of Public Convenience and Necessity area held by an eligible municipality.

  • Defines "eligible municipality" as any municipality with a population greater than 100,000 that has been subject to litigation by the U.S. Environmental Protection Agency for Safe Drinking Water Act violations.

  • Defines "eligible homeowners association" as associations in subdivisions constructed before 1970 outside municipal boundaries, subsequently annexed by an eligible municipality, with an adjacent groundwater well system originally designed to supply the subdivision.

  • Requires eligible municipalities to sell water assets within the subdivision at fair market value (determined by independent appraisal) to homeowners associations choosing to provide water service, and automatically grants easements for asset maintenance in municipal roads and rights-of-way.

  • Maintains the eligible municipality's obligation to continue providing sewer services, emergency water service until the association is ready, and emergency fire suppression services to the subdivision.

Legislative Description

Regulation of public utilities; exempt distribution of water by eligible homeowners association to its own residents from.

Last Action

Approved by Governor

3/8/2023

Committee Referrals

Public Utilities2/13/2023
Finance1/16/2023

Full Bill Text

No bill text available