House Bill 1200

AN ACT TO ESTABLISH A MUNICIPAL WATER, SEWER AND WASTEWATER SYSTEMS REPAIR AND REPLACEMENT GRANT PROGRAM TO BE ADMINISTERED BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE PURPOSE OF ASSISTING MUNICIPALITIES WITH THE COSTS OF REPAIRING AND REPLACING DAMAGED, OUTDATED OR INEFFICIENT WATER AND SEWER SYSTEM LINES AND WASTEWATER TREATMENT FACILITIES; TO PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO BE ELIGIBLE FOR A GRANT UNDER THE PROVISIONS OF THIS ACT, THE MUNICIPALITY MUST PRESENT TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY A PLAN FOR REPAIRING AND REPLACING WATER OR SEWER SYSTEM LINES OR WASTEWATER TREATMENT FACILITIES IN THE MUNICIPALITY, AND MUST AGREE TO PROVIDE MATCHING FUNDS EQUAL TO TWENTY PERCENT OF THE AMOUNT OF THE GRANT; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE MUNICIPAL WATER, SEWER AND WASTEWATER SYSTEMS REPAIR AND REPLACEMENT GRANT PROGRAM FUND; TO PROVIDE THAT THE FUND WILL CONSIST OF MONIES APPROPRIATED BY THE LEGISLATURE FOR FUNDING THE PROGRAM, AND ANY OTHER MONIES THAT THE LEGISLATURE MAY DESIGNATE FOR DEPOSIT INTO THE FUND; TO PROVIDE THAT MONIES IN THE FUND MAY BE EXPENDED UPON LEGISLATIVE APPROPRIATION FOR MAKING GRANTS TO MUNICIPALITIES FOR THE PURPOSES SPECIFIED IN THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Subject to appropriation by the Legislature, there is established a Municipal Water, Sewer and Wastewater Systems Repair and Replacement Grant Program to be administered by the Department of Environmental Quality for the purpose of assisting municipalities with the costs of repairing and replacing damaged, outdated or inefficient water and sewer system lines and wastewater treatment facilities.

As used under this section, municipalities shall mean cities, towns and villages as described under Section 21-1-1.

(2) In administering the provisions of this act, the Department of Environmental Quality shall have the following powers and duties:

(a) To supervise the use of all grant funds made to municipalities under this act for repairing and replacing water and sewer system lines and wastewater treatment facilities;

(b) To review and certify all projects for which grants are made to municipalities under this act for repairing and replacing water and sewer system lines and wastewater treatment facilities;

(c) To requisition monies in the Municipal Water, Sewer and Wastewater Systems Repair and Replacement Grant Program Fund and make grants from those monies to municipalities on a project-by-project basis;

(d) To maintain an accurate record of all grants made to municipalities under this act for repairing and replacing water and sewer system lines and wastewater treatment facilities and of the number of water and sewer system lines and wastewater treatment facilities repaired or replaced, their location and the costs for each project; and

(e) To adopt and promulgate such rules and regulations as may be necessary or desirable for the purpose of implementing the provisions of this act.

(3) In order for a municipality to be eligible for a grant under the provisions of this act, the municipality must meet the following conditions:

(a) The governing authorities of the municipality must present to the Department of Environmental Quality a plan for repairing and replacing water or sewer system lines or wastewater treatment facilities in the municipality. The plan must identify the proposed project or projects, specify the condition of the existing water or sewer system lines or wastewater treatment facilities included in the project, and the type of repair or replacement proposed to be made and the design and specifications therefor; and

(b) The governing authorities of the municipality must agree to provide matching funds equal to twenty percent (20%) of the amount of the grant.

(4) There is created in the State Treasury a special fund to be designated as the Municipal Water, Sewer and Wastewater Systems Repair and Replacement Grant Program Fund. The fund shall consist of monies appropriated by the Legislature for funding the program, and any other monies that the Legislature may designate for deposit into the fund. Monies in the fund may be expended upon legislative appropriation for making grants to municipalities for the purposes specified in this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.