Energy and Transportation Planning

Miss. Code Ann. tit. 57, ch. 39
in effect

Miss. Code Ann. § 57-39-1 Legislative purpose and directives.

The purpose of this chapter is to coordinate all energy-related needs and activities in Mississippi with the objective of providing an efficient and economical energy system through a statewide plan. To that end, the Mississippi Development Authority is directed to evaluate this state’s energy needs and availability. The powers, duties and responsibilities of the Board of Energy and Transportation with respect to the state’s energy needs and activities are transferred to the Mississippi Development Authority, and wherever the word “board” appears in this chapter meaning the former Board of Energy and Transportation it shall mean the Mississippi Development Authority. Whenever the word “division” appears in this chapter, it shall mean the Mississippi Development Authority Energy and Natural Resources Division.

Miss. Code Ann. § 57-39-3 Repealed.

Repealed by Laws, 1992, ch. 496, § 55, eff from and after July 1, 1992. [Laws, 1980, ch. 548, § 2; Laws, 1989, ch. 544, § 54, eff from and after July 1, 1989]

Miss. Code Ann. § 57-39-5 and 57-39-7. Repealed.

Repealed by Laws, 1989, ch. 544, §§ 56 and 57, eff from and after July 1, 1989. § 57-39-5 . [En Laws, 1980, ch. 548, § 3; Laws, 1988, ch. 518, § 61] § 57-39-7 . [En Laws, 1980, ch. 548, § 4; Laws, 1981, ch. 376, § 1] Editor’s Notes — Former § 57-39-5 created the Mississippi Transportation Advisory Council. Former § 57-39-7 provided for the employment of an executive director of the Mississippi Energy and Transportation Board.

Miss. Code Ann. § 57-39-9 General powers and duties of division.

The powers and duties of the division shall include, but not be limited to, the following: To promote Mississippi as a leader in energy development, job creation and research. To contribute to economic development activities related to the energy production and manufacturing sectors. To promote energy efficiency across state government and within the private sector and other sectors, so that the state can realize the monetary and environmental benefits of energy efficiency. To prepare, when necessary, a Mississippi Energy Plan and a State Energy Management Plan as hereinafter set forth. To develop policies and long-term strategic plans for the State of Mississippi to accomplish the duties hereinafter set forth. To collect, maintain and provide analysis of data related to energy consumption, production and natural resources pertinent to the development of more energy opportunities within the state. To promote the development, manufacturing and use of renewable technologies, processes and products in the state. To serve as the State Energy Office for the State of Mississippi and fulfill requirements of the State Energy Office as mandated by the federal government or the Governor. To prepare implementation programs in accordance with the requirements of the plan. Upon request, to accept, receive and receipt for federal monies and other monies, either public or private, for and in behalf of this state. Upon request of any political subdivision of the state, to accept, receive and receipt for any designated purpose, federal monies and other monies, either public or private, for and in behalf of any such political subdivision. To confer with or to hold joint hearings with any agency of the United States in connection with any matter arising under this chapter, or relating to the sound development of energy utilization. To perform such acts, make, promulgate and amend such reasonable general or special rules, regulations and procedures as it shall deem necessary to carry out the provisions of this chapter and to perform its duties hereunder. No rules, regulations or procedures prescribed by the board shall be inconsistent with, or contrary to, any acts of the Congress of the United States or any regulations promulgated pursuant thereto, or to this chapter or any other statutes of the State of Mississippi. To enter into contracts, grants and cooperative agreements with any federal or state agency, department or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, provided the agreements do not have a financial cost in excess of the amounts appropriated for such purposes by the Legislature. As required by the federal government or as directed by the Governor of the State of Mississippi, to establish a state program to administer the State Petroleum Set-Aside Program and to provide assistance in obtaining adjustments specified in orders issued by the Federal Energy Office.

Miss. Code Ann. § 57-39-11 Mississippi Energy Plan.

The division shall be tasked with developing, implementing and refining over time the Mississippi Energy Plan. The Mississippi Energy Plan shall include, but not be limited to the following: Efforts to promote Mississippi as a leader in energy development, job creation and research; Plans to encourage the safe and responsible exploration and extraction of the state’s natural resources; Plans to add value and sustain resources through advances in manufacturing, conversion, and processing related to energy consumption and generation; Expanding energy capacity and realizing savings through energy efficiency; Encourage investments in the energy infrastructure of transmission and distribution to maintain the state’s leadership in this area; Plans to ensure the state competes in technology-based energy economic development, research and development, and commercialization; Prepare a twenty-first century energy workforce; Statewide forecasts of energy needs and deficiencies; A program for directing the expenditure of local, state and federal energy funds in conformity with the statewide plan; Statewide implementation program, including a schedule of improvement programs, an operations program, a financial plan, necessary policies and legislation for implementation of the energy plan; and Financial impact statement.

Miss. Code Ann. § 57-39-13 Hearings; administration of oaths.

Hearings shall be open to the public and shall be held upon such call or notice as the board shall deem advisable, in compliance with and as directed by federal and state statutes. The chairman, vice chairman or employee of the board designated by it to hold any inquiry, investigation or hearing shall have the power to administer oaths and affirmations and certify to all official acts.

Miss. Code Ann. § 57-39-15 and 57-39-17. Repealed.

Repealed by Laws of 2013, ch. 538, §§ 9 and 10, effective from and after July 1, 2013. § 57-39-15 . [Laws, 1980, ch. 548, § 8, eff from and after passage (approved May 26, 1980).] § 57-39-17 . [Laws, 1980, ch. 548, § 9, eff from and after passage (approved May 26, 1980).] Editor’s Notes — Former § 57-39-15 provided for the submission of the Mississippi Energy Plan to the legislature. Former § 57-39-17 related to additional programs and activities of the Board of Energy and Transportation.

Miss. Code Ann. § 57-39-19 Development and implementation of state energy management plan for state-owned and operated facilities.

To ensure that state-owned facilities be operated in an energy-efficient manner to reduce operating costs to the General Fund and demonstrate successful energy consumption reduction strategies to other sectors of the state economy, the division shall coordinate the development and implementation of a general energy management plan for state-owned and operated facilities in conjunction with the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management. The general energy management plan shall include, but not be limited to, the following elements: Gathering of energy-related data from state agencies, state institutions of higher learning, and community and junior colleges in a form and manner as required by the division; Benchmarking of energy consumption and costs; Use of a central system to aggregate and track energy consumption data for all state-owned facilities; Model buildings and facilities energy audit procedures; Model energy consumption reduction techniques; Uniform data analysis procedures; Model employee energy education program procedures; Model training program for agency and institution personnel and energy coordinators; Model guidelines for buildings and facilities managers; Program monitoring and evaluation procedures. The State Energy Management Plan shall also include a description of actions to reduce consumption of electricity and nonrenewable energy sources used for heating, cooling, ventilation, lighting and water heating. A designee of each of the following entities – the Board of Trustees of State Institutions of Higher Learning, the Community College Board, the Department of Education, and the Department of Finance and Administration shall assist in the preparation of the State Energy Management Plan and serve together on an advisory board; the director of the division shall serve as the head of this board and shall convene representatives of these institutions no fewer than once each year in order to review implementation of the State Energy Management Plan. The State Energy Management Plan shall be developed and implemented with input and assistance from the Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management, and the two (2) state agencies shall work together and pledge to use pertinent resources and programs in conjunction with one another to accomplish the goals described in this section. The Department of Finance and Administration, Bureau of Building, Grounds and Real Property Management shall transmit to the division an updated state building inventory on an annual basis. All state agencies having buildings on the inventory of buildings submitted to the Department of Finance and Administration as well as all institutions of higher learning and community and junior colleges (hereafter referred to as “covered entities”), shall submit energy consumption in a form and manner prescribed by the division. Energy-related data may include, but shall not be limited to, the following: Electrical consumption data; Natural gas consumption; and Fuel oil consumption. Any covered entity that does not enter its energy data in the form and manner prescribed by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division. The Mississippi Development Authority, in coordination with the Bureau of Building, Grounds and Real Property Management, shall promulgate rules pertaining to this section. By September 1 of each year, the division shall provide to the Legislature and the Governor a report on the energy consumption of covered entities. This report shall include, but shall not be limited to, total energy consumption for the state, total costs related to the energy metrics being tracked, increases or decreases from year-to-year by the state and by each covered entity, and forecast models for the coming fiscal year. The Bureau of Building, Grounds and Real Property Management shall provide assistance in the development of this report, as needed. The division will also provide a list of covered entities that have not reported data in accordance with this section. By November 1, 2014, and each subsequent five-year interval, each covered entity must submit a detailed energy management plan to the division. The detailed energy management plan shall describe specific measures to be taken to reduce the agency’s energy consumption by energy unit measure over a five-year period. The plan shall also include a timetable to accomplish the agency’s reduction goals. If the detailed energy management plan meets the criteria developed by the division, the division shall approve the plan. If the detailed energy management plan fails to meet the criteria, the division shall disapprove the detailed energy management plan and notify the submitting agency in writing, including the reasons for disapproval. Covered entities that do not submit an energy management plan by the deadline or fail to remedy changes subsequently required by the division shall, at the discretion of the division, not be eligible to receive energy conservation funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive capital improvement funds from the Bureau of Building, Grounds and Real Property Management or be eligible to receive any state, federal or other funds from the division until such time as the entity has an energy management plan approved by the division.

Miss. Code Ann. § 57-39-21 Energy efficiency standards for buildings [Repealed effective July 1, 2023].

The board, in consultation with other appropriate professional groups and organizations, and others knowledgeable in the subject, shall review, amend and adopt, in accordance with Standard 90.1-2010 of the American Society of Heating, Refrigeration and Air-Conditioning Engineers, energy code standards for building construction, standards for computer-based energy management systems, standards for systems for cogeneration of heating, cooling and electricity, and standards for design to use passive solar energy concepts, in order to promote the efficient use of energy. For the purposes of this section, “building” shall mean any structure which includes provisions for a heating or cooling system, or both, or for a hot water system, except exempted buildings. Unless it is an exempted building, each of the following are examples of buildings, within the meaning of this section: Any building which provides facilities or shelter for public assembly, or which is used for educational, office or institutional purposes; Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant or other commercial establishment which provides service or retail merchandise; Any portion of an industrial plant building used primarily as office space; and Any building owned by a state or political subdivision or instrumentality thereof, including libraries, museums, schools, hospitals, auditoriums, sports arenas and university buildings. Exempt buildings shall include: Buildings and structures or portions thereof whose peak design rate of energy usage is less than three and four-tenths (3.4) British thermal units per hour per square foot or one (1.0) watt per square foot of floor area for all purposes; Buildings and structures or portions thereof which are neither heated nor cooled by fuel; Any mobile home; Any privately owned, noncommercial building or structure whose construction, heating, cooling or lighting arrangement is not in conflict with federal law; Any building owned or leased, in whole or in part, by the United States government. Beginning July 1, 2013, the design, direction, construction and alteration of any building for which the standards promulgated pursuant to subsection (1) of this section applies shall be accomplished so that the building or applicable portions thereof shall meet or conform to the standards. The board shall not have enforcement over this section. Local governing authorities shall adopt rules and regulations for the administration and enforcement of this section, and to adopt such penalties for violation of this section as they deem appropriate, except in regard to buildings owned by the state. In state-owned buildings, the building commission shall provide for the compliance with the standards adopted under this chapter. Local governing authorities are authorized to adopt rules and regulations as developed and promulgated by the commission for the administration and enforcement of these standards and to adopt such penalties for violations of the standards as they deem appropriate. Local governing authorities are authorized to establish an inspection fee for the inspection of thermal and lighting standards in an amount not to exceed One Hundred Fifty Dollars ($150.00). This section shall stand repealed from and after July 1, 2023.

Miss. Code Ann. § 57-39-23 Repealed.

Repealed by Laws of 2013, ch. 538, §§ 11 through 17, effective from and after July 1, 2013. § 57-39-23 . [Laws, 1980, ch. 548, § 12, eff from and after passage (approved May 26, 1980).] § 57-39-25 . [Laws, 1980, ch. 548, § 13, eff from and after passage (approved May 26, 1980).] § 57-39-27 . [Laws, 1980, ch. 548, § 14, eff from and after passage (approved May 26, 1980).] § 57-39-29 . [Laws, 1980, ch. 548, § 15, eff from and after passage (approved May 26, 1980).] § 57-39-31 . [Laws, 1980, ch. 548, § 16, eff from and after passage (approved May 26, 1980).] § 57-39-33 . [Laws, 1980, ch. 548, § 17, eff from and after passage (approved May 26, 1980).] § 57-39-35 . [Laws, 1980, ch. 548, § 18, eff from and after passage (approved May 26, 1980).] Editor’s Notes — Former § 57-39-23 provided limitations on disclosure of proprietary information. Former § 57-39-25 provided penalties for failure to submit certain information or submission of false information. Former § 57-39-27 required the board to prescribe policies as to energy efficiency and allocation of petroleum products. Former § 57-39-29 designated the board as the State Office of Petroleum Allocation. Former § 57-39-31 related to the administration of the state set-aside program by the board. Former § 57-39-33 provided that the board had the sole authority to establish priorities among users and consumers of allocated products. Former § 57-39-35 prohibited the establishment of priorities by local governments or suppliers without board approval.

Miss. Code Ann. § 57-39-37 Repealed.

Repealed by Laws, 1992, ch. 496, § 56, eff from and after July 1, 1992. [Laws, 1980, ch. 548, § 20, eff from and after passage (approved May 26, 1980)]

Miss. Code Ann. § 57-39-39 Energy Development Fund.

There is hereby created in the State Treasury a fund to be known as the Energy Development Fund. Monies in such fund are reserved exclusively for: Promoting the development of Mississippi’s energy resources. Developing projects under this section which will demonstrate a realistic promise of making a significant energy contribution to the State of Mississippi. Effectively utilizing the state’s existing alternative and conventional energy resources to foster economic and social improvements in the state. The division will administer the fund. The division will establish policy and guidelines for use of the fund not later than one hundred twenty (120) days after July 1, 2013. The division will submit to the Governor on or before December 31 of each year a comprehensive report on the operation of the fund.

Miss. Code Ann. § 57-39-41 Repealed.

Repealed by Laws of 2013, ch. 538, § 18, effective from and after July 1, 2013. § 57-39-41 . [Laws, 1986, ch. 500, § 1; Laws, 1992, ch. 496, § 43, eff from and after July 1, 1992.] Editor’s Notes — Former § 57-39-41 required the board to prepare a plan for establishing a central motor pool.

Miss. Code Ann. § 57-39-43 Mississippi oil overcharge fund established.

There is created in the State Treasury a fund to be designated as the “Mississippi Oil Overcharge Fund,” referred to in this section as “fund.” Monies in the fund, referred to in this section as “oil overcharge funds,” may be used for projects or programs authorized in accordance with appropriate federal court orders regarding the use of oil overcharge funds or by the United States Department of Energy, or both. The Treasurer shall deposit or transfer into the fund any funds received as a result of federal statute or administrative or regulatory actions requiring the disbursement to states of refund monies for alleged overcharges for crude oil or refined petroleum products. The Treasurer may establish accounts within the fund as necessary for management of monies in the fund. Expenditures may be made from the fund upon requisition to the Treasurer by the Executive Director of the Department of Economic and Community Development or the Executive Director of the Department of Human Services. The fund shall be treated as a special trust fund. Interest earned on the principal in the fund shall be credited by the Treasurer to the fund. In their annual budget request, the Department of Economic and Community Development and the Department of Human Services shall submit a list of projects or programs for which monies from the fund are requested to be used.

Miss. Code Ann. § 57-39-45 Compilation, analysis and dissemination of data for the purpose of maximizing Mississippi’s energy resources.

The division shall be responsible for compiling on an ongoing basis data related to the energy resources, both natural and manmade, of the State of Mississippi. This information shall be compiled from trusted and verified sources for the purposes of aggregation for analysis and dissemination to partners and the public with the intent to maximize the energy resources of the state. Biomass resources.The division shall be responsible for maintaining a current database and map of biomass feedstocks found in the State of Mississippi. The division shall work with the Mississippi Forestry Commission, the Department of Agriculture, the institutions of higher learning, and other knowledgeable partners to produce and maintain accurate data on the renewable biomass resources of the state. The division shall analyze the data and prepare reports on a regular basis in order to highlight and promote the biomass resources of the state. Energy infrastructure.The division shall be responsible for maintaining a current database and map of the infrastructure that transports energy fuels and products across the state. The division shall analyze the data and prepare reports on a regular basis in order to highlight and promote the energy infrastructure of the state. Energy production and reserves.The division shall be responsible for maintaining information from all readily available resources on the energy production capacity in the state. The division shall maintain information on the energy reserves of the state. Reports and publications.The division shall produce reports, white papers, or articles for placement in targeted publications that include information to promote Mississippi as a leader in the energy sector.

Miss. Code Ann. § 57-39-103 Purpose.

The purpose of Sections 57-39-103 through 57-39-115 is to provide for development and implementation of a state energy management plan for all state-owned or state-leased buildings and facilities which will minimize energy consumption and insure that buildings and facilities are operated with maximum efficiency of energy use.

Miss. Code Ann. § 57-39-105 and 57-39-107. Repealed.

Repealed by Laws of 2013, ch. 538, §§ 19 and 20, effective from and after July 1, 2013. § 57-39-105 . [Laws, 1981, ch. 420, § 3; reenacted and amended, Laws, 1983, ch. 540, § 3; Laws, 1984, ch. 488, § 244; Laws, 1992, ch. 496, § 44; Laws, 1998, ch. 593, § 5, eff from and after July 1, 1998.] § 57-39-107 . [Laws, 1981, ch. 420, § 4; reenacted, Laws, 1983, ch. 540, § 4; Laws, 1998, ch. 593, § 6, eff from and after July 1, 1998.] Editor’s Notes — Former § 57-39-105 required the department of economic and community development to develop and implement a general energy management plan. Former § 57-39-107 required the department of finance and administration to submit data regarding energy consumption.

Miss. Code Ann. § 57-39-109 Agency and public school district coordinators.

Any agency or institution designated by the division and funded in whole or in part by public funds shall appoint a coordinator from existing staff who shall advise the agency head or institution head on energy-related matters. The coordinator shall confer and cooperate with the board in developing, implementing and evaluating an energy management plan for the agency or institution. Any public school district may appoint a coordinator from its existing staff.

Miss. Code Ann. § 57-39-111 Repealed.

Repealed by Laws of 2013, ch. 538, § 21, effective from and after July 1, 2013. § 57-39-111 . [Laws, 1981, ch. 420, § 6; reenacted and amended, Laws, 1983, ch. 540, § 6; Laws, 1984, ch. 488, § 245; Laws, 1998, ch. 593, § 8; Laws, 2010, ch. 514, § 1, eff from and after July 1, 2010.] Editor’s Notes — Former § 57-39-111 required state agencies to submit energy management plans to the Mississippi Development Authority.

Miss. Code Ann. § 57-39-112 Assisting school districts in reducing energy consumption.

The division shallprovide technical assistance to the Mississippi Department of Education so that the department can assist local school districts in developing a detailed energy management plan for that public school district. The purposes of the plan shall be to assist the public school district in reducing consumption of energy in its buildings and facilities and to maintain or reduce that level of energy consumption, subject to any allowances for building and facilities modernization, remodeling or upgrading for educational purposes, and for increased or decreased enrollment.

Miss. Code Ann. § 57-39-113 and 57-39-115. Repealed.

Repealed by Laws of 2013, ch. 538, §§ 22 and 23, effective from and after July 1, 2013. § 57-39-113 . [Laws, 1981, ch. 420, § 7; reenacted and amended, Laws, 1983, ch. 540, § 8; Laws, 1998, ch. 593, § 10, eff from and after July 1, 1998.] § 57-39-115 . [Laws, 1981, ch. 420, § 8; reenacted and amended, Laws, 1983, ch. 540, § 9; Laws, 1998, ch. 593, § 11, eff from and after July 1, 1998.] Editor’s Notes — Former § 57-39-113 allowed smaller percentage reduction goals for qualifying agencies and institutions. Former § 57-39-115 required the division to report annually on energy reduction programs.

Miss. Code Ann. § 57-39-201 Repealed.

Repealed by Laws of 2013, ch. 538, §§ 24 through 26, effective from and after July 1, 2013. § 57-39-201 . [Laws, 1984, ch. 463, § 1; Laws, 1992, ch. 496, § 45, eff from and after July 1, 1992.] § 57-39-203 . [Laws, 1984, ch. 463, § 2; Laws, 1992, ch. 496, § 46; Laws, 2000, ch. 503, § 2, eff from and after July 1, 2000.] § 57-39-205 . [Laws, 1984, ch. 463, § 3; Laws, 1992, ch. 496, § 47, eff from and after July 1, 1992.] Editor’s Notes — Former § 57-39-201 authorized loans for school energy conservation programs. Former § 57-39-203 related to the process for approval of loans and repayment. Former § 57-39-205 allowed for the forfeiture of a homestead exemption in the case of a loan default.

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