Jackson’s water and wastewater systems may become governed by a regional authority under a bill passed by the Mississippi House this week, the first regionalization bill to survive that body since the Jackson water crisis began. Rep. Shanda Yates, I-Jackson, introduced H.B. 1677, the “Metro Jackson Water Authority Act,” another attempt to build a future governance model for the struggling Jackson water system.
The proposed authority would be controlled by a nine-member board, including the following:
- The mayor of Jackson
- Two members-at-large, living or working in the service area, to be appointed by the mayor of Jackson and confirmed by the Jackson City Council
- Two members-at-large, living or working in the service area, to be appointed by the governor
- One member-at-large, living or working in the service area, to be appointed by the lieutenant governor
- One member-at-large, living or working in the service area, to be recommended by the mayor of the City of Byram, appointed by the mayor of Jackson, and confirmed by the Jackson City Council
- One member-at-large, living or working in the service area, to be recommended by the mayor of the City of Ridgeland, appointed by the mayor of Jackson, and confirmed by the Jackson City Council
- The President of the Greater Jackson Chamber of Commerce, or his or her designee
The legislation grants the board the authority to supervise the construction and operation of the systems, adopt rules for the regulation of the systems, borrow money and issue bonds.
Notably, this arrangement would give the City of Jackson significantly more authority over the board than previously proposed bills, which, like Jackson’s 1% Sales Tax Committee, were designed to give majority control to members appointed by state officials. Jackson Mayor John Horhn has also shared his opinion that Jackson must maintain majority control on any board that manages the City’s water and wastewater systems. The first attempt to construct a regional authority, then-Sen. David Parker’s Mississippi Capitol Region Utility Act, for example, would have given the governor three appointments and the lieutenant governor two, a majority on the nine-member board.
The City of Jackson has yet to comment on the proposal, but the Jackson City Council will hold a town hall meeting on Monday, Feb. 16, at 10 a.m. to allow public comment on the matter before issuing an opinion.
Currently, Jackson’s water and wastewater systems remain under the authority of U.S. District Judge Henry T. Wingate of the Northern District of Mississippi, and Ted Henifin, the interim third-party manager selected in December 2022, when the city’s water crisis reached its nadir. On multiple occasions since, the Mississippi State Legislature has attempted to design an authority to replace JXN Water, Henifin’s agency, after the end of the court order that empowers him. Thus far, none have succeeded.
If Yates’ act survives the Senate and is signed into law, the board will convene after appointment, but mainly to appoint a president and prepare for the transition from Henifin and the current water authority, the bill specifies: “Until the authority assumes management and control of the water and wastewater systems,” it reads, “the board shall coordinate with the ITPM in order to provide the best opportunity for minimal disruption in service and maximum ease of transition after the ITPM has concluded his work in overseeing and operating the water system.”
Under the bill, the board will appoint a president, serving at the will and pleasure of the board, and for the time being as Ted Henifin’s “deputy” until his court-appointed tenure is over.
During its passage through the House, the bill was amended to have a nine-member board. The original draft gave three appointments to the governor, two to the lieutenant governor, and included the executive director of the Mississippi Department of Finance and Administration, as well as both the mayors of Ridgeland and Byram. The dilution of Jackson’s authority on the board was amended out by Yates herself.
Currently, the version of the bill that passed out of the House still specifies that the board shall have thirteen members. But it only provides for designations for the nine-member board listed above. Shortly before publication, the bill’s cosponsor, Rep. Clay Mansell, R-Clinton, confirmed to the Mississippi Free Press that this was a typo that would be amended before the bill’s final passage.
Ridgeland is served by the City of Jackson’s wastewater system, and the authority will only have authority over its wastewater, not its water system, while “compensating the authority for its prorated share of wastewater conveyance, treatment, capital improvements and debt service.”