House Bill 1640

AN ACT MAKING AN APPROPRIATION OF FUNDS IN THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE CAPITAL CITY WATER/SEWER PROJECTS FUND CREATED IN HOUSE BILL NO. 1031, 2022 REGULAR SESSION; MAKING AN APPROPRIATION FROM THE CAPITAL CITY WATER/SEWER PROJECTS FUND TO THE CITY OF JACKSON FOR CERTAIN WATER/SEWER INFRASTRUCTURE PROJECTS; AND REQUIRING THE CITY TO EXPEND NOT LESS THAN 85% OF ITS FUNDS RECEIVED UNDER THE AMERICAN RESCUE PLAN ACT FOR WATER/SEWER INFRASTRUCTURE PROJECTS AS A CONDITION OF RECEIVING THE FUNDS APPROPRIATED BY THIS ACT; 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 Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Capital City Water/Sewer Projects Fund created in House Bill No. 1031, 2022 Regular Session, for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $ 42,000,000.00.

SECTION 2. The following sum, or so much of it as may be necessary, is appropriated out of any money in the Capital City Water/Sewer Projects Fund created in House Bill No. 1031, 2022 Regular Session, to the City of Jackson, Mississippi, to be expended as provided in Section 3 of this act, for the fiscal year beginning July 1, 2022, and ending June 30, 2023...............................................................

............................................... $ 42,000,000.00.

SECTION 3. (1) The funds appropriated by Section 2 of this act shall be expended by the City of Jackson as follows:

(a) GIS-based hydraulic computer model of City of Jackson's water distribution system....................... $ 4,000,000.00.

(b) Repairs to O.B. Curtis and JH Fewell Water Treatment Plants......................................... $ 20,000,000.00.

(d) Repairs to the following wastewater collection lines: Phase 6A Meadowbrook to Hanging Moss and Phase 2B Town Creek to Fairgrounds...................................... $ 6,000,000.00.

TOTAL.......................................... $ 42,000,000.00.

(2) As a condition of receiving any of the funds appropriated under Section 2 of this act, the City of Jackson must expend for water/sewer infrastructure projects of the city not less than eighty-five (85%) percent of the funds received by the city directly from the United States Department of the Treasury under the American Rescue Plan Act, as documented by the city to the Department of Finance and Administration.

SECTION 4. (1) As used in this section and Section 5 of this act, the term "city" means the City of Jackson, Mississippi.

(2) The city 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 city'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 city shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC 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 city under this act, the city shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the city 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 city or recipient has expended or otherwise used any of the funds appropriated to the city 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 city or recipient, then the city 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 Section 1 of this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, and the money appropriated by Section 2 of this act shall be paid by the State Treasurer out of any money in the Capital City Water/Sewer Projects Fund, 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.