House Bill 788

AN ACT MAKING AN APPROPRIATION TO THE BLACK BAYOU WATER ASSOCIATION FOR THE PURPOSE OF ASSISTING THE ASSOCIATION IN PAYING COSTS ASSOCIATED WITH CERTAIN WATER SYSTEM AND DISTRIBUTION SYSTEM IMPROVEMENTS IN WASHINGTON, ISSAQUENA, AND BOLIVAR COUNTIES, FOR THE FISCAL YEAR 2023.

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

SECTION 1. The following sum, or so much of it as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, to the Black Bayou Water Association, for the purpose of assisting the association in paying costs associated with water system improvements for removal of organic material from well water, distribution system improvements, service pumps, well motors and other equipment, and other related improvements to protect the health, safety and welfare of residents in Washington, Issaquena, and Bolivar Counties, and meet compliance with Mississippi State Department of Health requirements, for the fiscal year beginning July 1, 2022, and ending June 30, 2023....................................... $ 14,100,000.00.

SECTION 2. The money appropriated by this act shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 3. (1) As used in this section and Section 4 of this act, the term "association" means the Black Bayou Water Association.

(2) The association shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the association's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA. In addition, the association shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USCS Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.

SECTION 4. (1) As a condition of receiving and expending the funds appropriated to the association under this act, the association shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the association under this act complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA.

(2) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA (a) determines that the association or recipient has expended or otherwise used any of the funds appropriated to the association under this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the association or recipient, then the association or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.

SECTION 5. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022.