Bill to take over Jackson water system dies in MS House without a vote

A bill that would designate a state government appointed board to take over the Jackson water system in the near future has died in the Mississippi House of Representatives for the second year in a row.

Senate Bill 2628, which passed through the Senate, 35-14, in early March, did not make it through the House Public Utilities and Accountability, Efficiency and Transparency committees by the Tuesday deadline to move general bills and constitutional amendments that originated in the other chamber out of committee.

Public Utilities Chairman Rep. Brent Powell, R-Brandon, did not respond to calls inquiring why he decided not to bring up the bill or why he canceled the committee's meeting Tuesday morning. Rep. Kevin Ford, R-Vicksburg, who chairs the AET Committee, told the Clarion Ledger that his committee did not even have the chance to consider the bill since it had to pass out of Powell's first.

"They had to pass it since they were the first committee referred," Ford said.

This is the second year in a row that lawmakers in the House have not passed legislation to designate a third-party nonprofit to oversee the Jackson water system, which is currently in the hands of federally appointed third-party administrator Ted Henifin — known as JXN Water.

If the bill had passed, it would have created the nonprofit “Capitol Region Utility Authority," consisting of a nine-member board and a president appointed by the Jackson City Council, the governor and lieutenant governor. The authority would also require approval from the U.S. Department of Justice.

In 2022, the O.B. Curtis Water Treatment Plant, which treats water for much of Jackson and surrounding cities for drinking, bathing and cooking, completely failed after the Pearl River flooded due to heavy rainfall. The ensuing crisis caused repeated outages for the city’s 150,000 residents who went days and weeks without water to drink, cook, bathe or flush toilets.

The United States Department of Justice stepped in and appointed Henifin to oversee the system. Currently no concrete timeline exists on when the federal government will relinquish control of the city’s water utility, though lawmakers have said the receivership could end by 2027. In July 2023, the DOJ also gave Henifin management of the city’s sewer maintenance.

Read about city's response to SB 2628 MS Senate passes bill that would allow state take over of Jackson water and sewer

Sen. David Parker, R-Olive Branch, has previously said that if nothing is done on a state level, the federal government could step in and appoint anyone it's wants to take over the water system, leaving both the city and the state without much of a voice. Needless to say, he was disappointed in the House's action earlier this week.

"I think that should be seen as a disappointment to the City of Jackson," Parker said. "I see it as a challenge to Jackson because the (bill) we had alive certainly made an attempt to recognize their desire to be made whole to some degree. ... I think the real losers in this are the consumers and the rate payers in Jackson, because this certainly slows the work that the court and (JXN Water) have put into the system these last two years."

Parker also did not strictly comment on whether he planned to write up the legislation again next year, saying he needed time to consider his options before the next legislative session.

"I don't make quick decisions based on the moment," Parker said. "Everything I do I try to think out and try to come up with a solution that has looked through and explored every avenue to try and get the best result."

Jackson Mayor Chokwe Antar Lumumba did not comment on the bill dying.

In March, both Lumumba and the Jackson City Council publicly voiced opposition to the bill. At the time, Lumumba called it "an effort to seize control of a Black city run by Black leadership.”

"I think we have to be unequivocal in our rejection of it. I think it needs to be shut down,” Lumumba further said, adding that no one from the state level sat down and talked with anyone from the city before filing the bill.

Ward 6 Councilman and Council President Aaron Banks echoed Lumumba’s words. He also said he opposes the takeover because the water system is one of the biggest revenue earners for the city.

"What we need is a partner. Not a slaveowner, not a taskmaster, but a partner," Banks said back in February.

The Jackson City Council, on a 5-0 vote, passed a resolution opposing Senate Bill 2628.

Grant McLaughlin covers state government for the Clarion Ledger. He can be reached at gmclaughlin@gannett.com or 972-571-2335.

This article originally appeared on Mississippi Clarion Ledger: Effort to take over Jackson Water System fails in MS House