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Bill
SB 2210
Allows Bolivar County to create a utility district to own, operate, and fund the Choctaw sewer system, transfer assets, and manage permits and delinquency-based service actions.
Purpose and intent
- Authorizes the Board of Supervisors of Bolivar County, Mississippi, to establish a utility district within the Choctaw community.
- The primary purpose is to own, control, operate, and maintain the Choctaw Sewer Association system facilities (lift station, treatment lagoon, pipes and related facilities).
Key provisions and changes
- Creation of a Bolivar County utility district:
- The district is formed by a county board resolution declaring public convenience and necessity for owning/operating the Choctaw sewer system.
- Proposed district boundaries, name, and whether the county may levy taxes or assessments are to be specified in the resolution.
- A board of commissioners governs the district, with 3 to 5 members. Initial terms are two years; subsequent terms are five years. The county board can fill vacancies.
- After creation, the county’s responsibilities are limited to appointing commissioners; the district itself handles operation, maintenance, and related governance of the sewer system.
- Powers and duties of the utility district:
- Exemption from requiring a certificate of convenience and necessity from the Mississippi Public Service Commission for operation, since the system has been previously constructed.
- Authority to contract for operation/maintenance and administrative services with third parties as appropriate.
- Authority to collect delinquent sewer charges by agreement with a water association or other entity that can disconnect water service for nonpayment. The agreement must specify:
- Notification of delinquency (60+ days) to the water utility.
- Water service disconnection by the water association for nonpayment of sewer charges.
- Reconnection upon payment, including any associated fees.
- The utility district must hold the water association harmless against claims arising from disconnection actions.
- The district may set rates, fees, and expenses to recover costs associated with disconnections.
- Transfer of assets and services:
- Upon creating the district, the county may transfer, convey, or donate sewer, water, and wastewater assets, as well as lands, rights, easements, franchises, and other property (real and personal), including funds, necessary to operate the system.
- Permit and regulatory actions:
- After transfers, the county and/or district may file a Request for Transfer of Permit with the Mississippi Department of Environmental Quality (MDEQ) to remove the county from the National Pollutant Discharge Elimination System (NPDES) permit and any other MDEQ permits related to the system. MDEQ would remove the county from those permits.
- General and transitional provisions:
- The act is liberally construed, with its powers additive to existing powers of the county or other entities.
- The act takes effect upon passage.
Affected parties and impact
- Bolivar County government: Gain the authority to create and oversee a dedicated utility district for the Choctaw sewer system; potential redistribution of ownership and control from county to district.
- Choctaw community (within Bolivar County): The sewer system would be owned/operated by the new district, with a dedicated board of commissioners to oversee services.
- District residents/customers: Potential changes in governance structure, funding mechanisms (taxes/assessments), and service arrangements; ability to address long-standing disrepair and improve system facilities.
- Water utility partners: If delinquency-disconnection provisions are used, local water utilities may be involved in disconnecting/reconnecting water service over sewer charges, with specified safeguards and cost recovery mechanisms.
- Environmental oversight: Transfer of permits from county to the new district via MDEQ.
Procedural and timeline notes
- The bill outlines a process for forming a district, including issuing a resolution, defining boundaries, appointing commissioners, and transferring assets.
- After creation and asset transfer, a formal permit transfer to MDEQ is required.
- The action history indicates the bill did not advance to a session floor and “Died On Calendar” as of April 15, 2026, after prior committee actions.
Overall takeaway
SB 2210 would authorize Bolivar County to create a utility district to own and run the Choctaw Sewer Association system, transfer related assets to that district, exempt the district from certain PSC oversight, and implement mechanisms (including customer delinquency arrangements with water utilities) to fund and manage the sewer system, with regulatory permit transfers to follow.
Compiled from official sources — confirm details with the bill’s official record.
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