MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Michel, Polk, Butler (36th), Frazier, Parks, Williams, McLendon, Branning, Boyd, McMahan, Parker, Seymour, Sparks, Hill, England, Barrett, Moran, Caughman
AN ACT TO ESTABLISH THE "MISSISSIPPI WATER AND WASTEWATER TRANSFORMATION INFRASTRUCTURE GRANT PROGRAM ACT OF 2022" ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY AND THE MISSISSIPPI DEPARTMENT OF HEALTH UTILIZING FUNDS MADE AVAILABLE UNDER THE FEDERAL CORONAVIRUS STATE FISCAL RECOVERY FUNDS AND THE FEDERAL AMERICAN RESCUE PLAN ACT (ARPA); TO PROVIDE THAT SUCH GRANTS SHALL BE MADE AVAILABLE TO MUNICIPALITIES, COUNTIES AND RURAL WATER ASSOCIATIONS ON A ONE-TO-ONE MATCHING BASIS AND TO PROVIDE AN ADDITIONAL GRANT TO SMALLER MUNICIPALITIES BASED ON CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS; TO PRESCRIBE ELIGIBLE PROJECTS UNDER THE GRANT PROGRAM; TO PROVIDE FOR MULTIPLE ROUNDS OF WATER AND WASTEWATER INFRASTRUCTURE GRANT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO PROMULGATE GRANT APPLICATION REGULATIONS AND ENGINEERING ASSISTANCE; TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO ADMINISTER THE MCWWI AND RWWI GRANT PROGRAMS AND RETAIN ADMINISTRATIVE COSTS; TO CREATE IN THE STATE TREASURY SPECIAL FUNDS DESIGNATED AS THE "MISSISSIPPI WATER AND WASTEWATER INFRASTRUCTURE (MWWI) MUNICIPAL GRANT PROGRAM FUND" AND THE "MISSISSIPPI RURAL WATER AND WASTEWATER INFRASTRUCTURE (RWWI) GRANT PROGRAM FUND"; TO AMEND SECTIONS 49-2-9 AND 41-3-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Water and Wastewater Transformation Infrastructure Grant Program Act of 2022."
(2) There is hereby established within the Mississippi Department of Environmental Quality and the Mississippi Department of Health the Mississippi Municipality and County Water and Wastewater Infrastructure (MCWWI) Grant Program under which municipalities and counties may apply for reimbursable grants to make necessary investments in water and wastewater infrastructure to improve access to clean drinking water and wastewater infrastructure to be funded by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 (ARPA). Such grants shall be made available to municipalities and counties to be matched with the Coronavirus Local Fiscal Recovery Funds awarded to them under ARPA on a one-to-one matching basis. Any Coronavirus Local Fiscal Recovery Funds that a county transfers to a municipality will also be matched on a one-to-one matching basis. Of the funds provided to the MCWWI Grant Program, an amount not to exceed Fifty Million Dollars ($50,000,000.00) shall be used for an additional match on a one-to-one basis for municipalities who received less than One Million Dollars ($1,000,000.00) in Coronavirus Local Fiscal Recovery Funds. The funds that are eligible for this additional match are only the municipality's Coronavirus Local Fiscal Recovery Funds awarded to them under ARPA. None of the grants provided to municipalities and counties by the MCWWI Grant Program shall be used for the reimbursement of professional fees.
(3) There is hereby established within the Mississippi Department of Environmental Quality and the Mississippi Department of Health, the Mississippi Rural Water and Wastewater Infrastructure (RWWI) Grant Program under which rural water associations with two hundred fifty (250) residential meters or more may apply for reimbursable grants to make necessary investments in water and wastewater infrastructure to improve access to clean drinking water and wastewater infrastructure to be funded by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 (ARPA). Such grants shall be made available to rural water associations to be matched on a one-to-one matching basis from any funds available. Any Coronavirus Local Recovery Funds that a county transfers to a rural water association will also be matched on a one-to-one matching basis. The maximum allowable amount of funds to any rural water association shall be Two Million Five Hundred Thousand Dollars ($2,500,000.00). None of the grants provided to rural water association by RWWI Grant Program shall be used for the reimbursement of professional fees.
(4) For purposes of this act, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:
(a) "MCWWI Grant Program" shall mean the Mississippi Municipality and County Water and Wastewater Infrastructure Grant Program.
(b) "RWWI Grant Program" shall mean the Mississippi Rural Water and Wastewater Infrastructure Grant Program.
(c) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(d) "State Recovery Funds" shall mean Coronavirus State Fiscal Recovery Funds awarded through Section 602 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(e) "Local Recovery Funds" shall mean Coronavirus Local Fiscal Recovery Funds awarded through Section 603 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(f) "Department" shall mean the Department of Environmental Quality.
(5) On or before July 1, 2022, the Mississippi Commission on Environmental Quality acting through the Mississippi Department of Environmental Quality shall promulgate rules and regulations necessary to administer the MCWWI and the RWWI Grant Program prescribed under this act, including application procedures and deadlines. The Mississippi State Board of Health acting through the Mississippi Department of Health is authorized and directed to advise the Mississippi Department of Environmental Quality regarding all such rules and regulations. The Rural Water Association's Board President and Chief Executive Officer or their designees shall also advise the Mississippi Department of Environmental Quality regarding all such rules and regulations which apply to rural water associations.
(6) Funding under the MCWWI and the RWWI Grant Programs shall be allocated to projects as either "design projects" or "construction projects" to be certified by the Mississippi Department of Environmental Quality as eligible for federal funding and shall include, but not be limited to, the following:
(a) Construction of publicly owned treatment works;
(b) Projects pursuant to implementation of a nonpoint source pollution management program established under the Clean Water Act (CWA);
(c) Decentralized wastewater treatment systems that treat municipal wastewater or domestic sewage;
(d) Management and treatment of storm water or subsurface drainage water;
(e) Water conservation, efficiency, or reuse measures;
(f) Development and implementation of a conservation and management plan under the CWA;
(g) Watershed projects meeting the criteria set forth in the CWA;
(h) Energy consumption reduction for publicly owned treatment works;
(i) Reuse or recycling of wastewater, stormwater, or subsurface drainage water;
(j) Security of publicly owned treatment works;
(k) Facilities to improve drinking water quality;
(l) Transmission and distribution, including improvements of water pressure or prevention of contamination in infrastructure and lead service line replacements;
(m) New sources to replace contaminated drinking water or increase drought resilience, including aquifer storage and recovery system for water storage;
(n) Green infrastructure, including green roofs, rainwater harvesting collection, permeable pavement;
(o) Storage of drinking water, such as to prevent contaminants or equalize water demands;
(p) Purchase of water systems and interconnection of systems;
(q) New community water systems;
(r) Culvert repair, resizing, and removal, replacement of storm sewers, and additional types of stormwater infrastructure;
(s) Dam and reservoir rehabilitation if primary purpose of dam or reservoir is for drinking water supply and project is necessary for provision of drinking water;
(t) Broad set of lead remediation projects eligible under EPA grant programs authorized by the Water Infrastructure Improvements for the Nation (WIIN) Act; and
(u) Any eligible drinking water, wastewater or stormwater project through ARPA guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury.
(7) The local municipal governing authority acting through its municipal water/sewer department, the board of supervisors acting through its county water/sewer department and the board of trustees of any rural water association may submit an application for grant funds under this act. Applicants shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the DEQ under this act is 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 State Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2). Subsequent submissions will be due by the dates established by the department.
(8) An application for a grant under this act shall be submitted at such time, be in such form, and contain such information as the department prescribes. Each application for grant funds shall include the following at a minimum: applicant contact information; project description and type of project; project map; estimate of population served by the projects; disadvantaged community criteria (population, median household income, unemployment, current water/sewer rates); estimated project cost; list of available match funds and documentation of commitment; estimated project schedule and readiness to proceed; engineering services agreement; engineering reports; and information about status of obtaining any required permits.
(9) The department shall develop a system for use in ranking the grant applications received. The ranking system shall include the following factors, at a minimum: the environmental impact of the proposed project; the proposed project's ability to address noncompliance with state/federal requirements; the extent to which the project promotes economic development; the number of people served by the project (both new and existing users); impacts of the proposed project on disadvantaged/overburdened communities; the grant applicant's prior efforts to secure funding to address the proposed project's objectives; the grant applicant's proposed contribution of other funds or in-kind cost-sharing to the proposed project; the grant applicant's long-term plans for the financial and physical operation and maintenance of the project; and the grant applicant's capacity to initiate construction in a timely manner and complete the proposed project by the deadline specified by the United States Department of Treasury rules for ARPA funds.
(10) Applications shall be reviewed and scored as they are received. The Mississippi Department of Environmental Quality shall certify that each project submitted is a necessary investment in water and sewer infrastructure as defined in the American Rescue Plan Act and all applicable guidance issued by the department. The Department of Environmental Quality shall review the lists of recommended water and sewer infrastructure projects and issue its list of recommended projects to the Mississippi Department of Health for its advice. Grant agreements shall be executed between the recipient and the Mississippi Department of Environmental Quality. All final awards will be determined at the discretion of the executive director of the department. Funds shall be made available to a grantee upon the execution of a grant agreement between the department and the approved applicant. The Mississippi Department of Environmental Quality is authorized to present additional rounds of grant proposals for application consideration as needed.
(11) Grant requirements shall be used prospectively and grants are not available to cover the costs of debt incurred prior to the enactment of this program. The applicant shall agree to obtain all necessary state and federal permits, follow all state biding and contracting laws and fiscally sound practices in the administration of the funds.
(12) The review process shall include a specific emphasis on the "readiness to proceed." Projects that already have approved engineering/design, plans and permits and can begin construction within six (6) months shall receive a greater score on the application. Projects that are included on the municipal or county engineer's approved list and provide applicable supporting documentation will receive additional consideration awarded to the application.
(13) The grant program will include a specific emphasis on addressing the needs of an economically disadvantaged community, including providing safe, reliable drinking water in areas that lack infrastructure, providing sewage treatment capacity in unsewered areas and promoting regional development of infrastructure to serve multiple communities.
(b) All monies disbursed from the funds created in this act shall be in compliance with the guidelines, guidance, rules, regulations 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 the American Rescue Plan of 2021. Unexpended amounts remaining in the funds at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any investment earnings or interest earned on amounts in the funds shall remain in the respective grant program funds.
(c) If there are unobligated Coronavirus State Fiscal Recovery Fund monies remaining in the funds created in this act, on the later of December 17, 2024, or fourteen (14) days prior to the fund obligation deadline provided by the federal government, the Department of Finance and Administration shall transfer these unobligated balances to the Coronavirus State Fiscal Recovery Fund. The Department of Finance and Administration shall then transfer the unobligated balance of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the State and School Employees' Life and Health Insurance Fund for an amount not to exceed the lesser of Sixty Million Dollars ($60,000,000.00) or the amount of allowable ARPA expenditures, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government. The Department of Finance and Administration shall then transfer all remaining unobligated balances of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the Unemployment Compensation Fund up to the ARPA allowable amount, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government.
(d) The use of funds allocated under this program shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this act shall return to the state all or a portion of the funds received.
(15) It is the intent of the Legislature that, in the first fiscal year after the effective date of this act, fifty percent (50%) of the funds appropriated to the (MCWWI) Grant Program Fund and the (RWWI) Grant Program Fund shall be obligated to projects that have completed plans and specifications, acquired all necessary land and/or easements, and are ready to proceed to construction.
(16) The department shall submit to the Lieutenant Governor, Speaker of the House, House and Senate Appropriations Chairmen and the Legislative Budget Office quarterly reports and annual reports that are due by the dates established in the Compliance and Reporting Guidance by the United States Department of Treasury. The reports shall contain the applications received, the score of the applications, the amount of grant funds awarded to each applicant, the amount of grant funds expended by each applicant, and status of each applicant's project.
(17) Grant funds shall be available under this act through December 31, 2026. Each grant recipient shall certify for any project that a grant is awarded that in the event the project is not completed by December 31, 2026, and the United States Congress does not enact an extension of the deadline on the availability of ARPA Funds, then the grant recipient will complete the project through any other funds available.
(18) The Mississippi commission on Environmental Quality may retain an amount not to exceed two percent (2%) of the total funds allocated to the program to defray administrative costs.
(19) The department shall be exempt from provisions of the Public Procurement Review Board for any requirements of personal or professional service contracts or the pre-approval of the solicitation for such contracts used in the execution of its responsibilities under the Mississippi Water and Wastewater Transformation Infrastructure Grant Program Act of 2022. This subsection shall stand repealed on July 1, 2026.
SECTION 2. Section 49-2-9, Mississippi Code of 1972, is amended as follows:
49-2-9. (1) Effective July 1, 1979, the commission shall have the following powers and duties:
(a) To formulate the policy of the department regarding natural resources within the jurisdiction of the department;
(b) To adopt, modify, repeal, and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the commission under any and all statutes within the commission's jurisdiction, and as the commission may deem necessary to prevent, control and abate existing or potential pollution;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) To commission or conduct studies designed to determine alternative methods of managing or using the natural resources of this state, in a manner to insure efficiency and maximum productivity;
(e) To enter into, and to authorize the executive director to execute with the approval of the commission, contracts, grants and cooperative agreements with any federal or state agency 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; but this authority under this chapter and under any and all statutes within the commission's jurisdiction, except those statutes relating to the Bureau of Recreation and Parks, shall not include contracts, grants or cooperative agreements which do not develop data or information usable by the commission, or which provide goods, services or facilities to the commission or any of its bureaus, and shall exclude any monies for special interest groups for purposes of lobbying or otherwise promoting their special interests; and
(f) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(2) The Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be responsible for program management, procurement, development and maintenance of the Mississippi Digital Earth Model, which should include the following seven (7) core data layers of a digital land base computer model of the State of Mississippi:
(a) Geodetic control;
(b) Elevation and bathymetry;
(c) Orthoimagery;
(d) Hydrography;
(e) Transportation;
(f) Government boundaries; and
(g) Cadastral. With respect to the cadastral layer, the authority and responsibility of the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be limited to compiling information submitted by counties.
For all seven (7) framework layers, the Mississippi Department of Environmental Quality, Office of Geology and Energy Resources shall be the integrator of data from all sources and the guarantor of data completeness and consistency and shall administer the council's policies and standards for the procurement of remote sensing and geographic information system data by state and local governmental entities.
(3) The Mississippi Department of Environmental Quality shall have as additional responsibilities, the administration of the Mississippi Water and Wastewater Transformation Infrastructure Grant Program Act of 2022 and shall promulgate necessary rules and regulations relating to the application of eligible municipal and county and rural water associations for grant funds and the awarding of such grants.
SECTION 3. Section 41-3-15, Mississippi Code of 1972, is amended as follows:
41-3-15. (1) (a) There shall be a State Department of Health.
(b) The State Board of Health shall have the following powers and duties:
(i) To formulate the policy of the State Department of Health regarding public health matters within the jurisdiction of the department;
(ii) To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, and as the board may deem necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency 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, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
(v) To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
(vi) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(c) The Executive Officer of the State Department of Health shall have the following powers and duties:
(i) To administer the policies of the State Board of Health within the authority granted by the board;
(ii) To supervise and direct all administrative and technical activities of the department, except that the department's internal auditor shall be subject to the sole supervision and direction of the board;
(iii) To organize the administrative units of the department in accordance with the plan adopted by the board and, with board approval, alter the organizational plan and reassign responsibilities as he or she may deem necessary to carry out the policies of the board;
(iv) To coordinate the activities of the various offices of the department;
(v) To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
(vi) To recommend to the board such studies and investigations as he or she may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;
(vii) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the board may have;
(viii) To prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of the work of the department on reducing Mississippi's infant mortality and morbidity rates and improving the status of maternal and infant health; and
(ix) To enter into contracts, grants and cooperative agreements with any federal or state agency 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, if he or she finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature. Each contract or agreement entered into by the executive officer shall be submitted to the board before its next meeting.
(2) The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.
(4) The State Board of Health shall have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for those services; however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount that the person is able to pay. Any increase in the fees charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require that a permit be obtained from the Department of Health before those persons begin operation. If any such person fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. However, the department is not authorized to impose a monetary penalty against any person whose gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00). Money collected by the board under this subparagraph (ii) shall be deposited to the credit of the State General Fund of the State Treasury.
(g) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
(h) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
(i) To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.
(j) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, those programs may include, but shall not be limited to, programs in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
(viii) Child care licensure;
(ix) Radiological health;
(x) Dental health;
(xi) Milk sanitation;
(xii) Occupational safety and health;
(xiii) Food, vector control and general sanitation;
(xiv) Protection of drinking water;
(xv) Sanitation in food handling establishments open to the public;
(xvi) Registration of births and deaths and other vital events;
(xvii) Such public health programs and services as may be assigned to the State Board of Health by the Legislature or by executive order; and
(xviii) Regulation of domestic and imported fish for human consumption.
(b) The State Board of Health and State Department of Health shall not be authorized to sell, transfer, alienate or otherwise dispose of any of the home health agencies owned and operated by the department on January 1, 1995, and shall not be authorized to sell, transfer, assign, alienate or otherwise dispose of the license of any of those home health agencies, except upon the specific authorization of the Legislature by an amendment to this section. However, this paragraph (b) shall not prevent the board or the department from closing or terminating the operation of any home health agency owned and operated by the department, or closing or terminating any office, branch office or clinic of any such home health agency, or otherwise discontinuing the providing of home health services through any such home health agency, office, branch office or clinic, if the board first demonstrates that there are other providers of home health services in the area being served by the department's home health agency, office, branch office or clinic that will be able to provide adequate home health services to the residents of the area if the department's home health agency, office, branch office or clinic is closed or otherwise discontinues the providing of home health services. This demonstration by the board that there are other providers of adequate home health services in the area shall be spread at length upon the minutes of the board at a regular or special meeting of the board at least thirty (30) days before a home health agency, office, branch office or clinic is proposed to be closed or otherwise discontinue the providing of home health services.
(c) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
(6) (a) The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.
(b) The State Board of Health shall have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that those costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, those fees may not exceed five percent (5%) of the loan amount.
(7) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the license under this subsection (7). The license described in this subsection shall expire five (5) years from the date of its issue. The license authorized by this subsection shall be issued upon the initial payment by the licensee of an application fee of Sixty-seven Thousand Dollars ($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00) after the issuance of the license, to be paid as long as the licensee continues to operate. The initial and monthly licensing fees shall be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(8) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(9) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: For the period beginning July 1, 2010, through July 1, 2017, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but shall be not less than Two Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed capital expenditure, and the maximum additional fee permitted shall not exceed Fifty Thousand Dollars ($50,000.00). Provided that the total assessments of fees for certificate of need applications under Section 41-7-188 and this section shall not exceed the actual cost of operating the certificate of need program.
(10) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(11) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
(12) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
(13) The State Board of Health shall have as additional responsibilities the formulation of technical advice and recommendations to the Mississippi Department of Environmental Quality relative to the administration of the Mississippi Water and Wastewater Transformation Infrastructure Act of 2022 and recommendations for the approval of grant applications under said program.
SECTION 4. This act shall take effect and be in force from and after its passage and shall stand repealed on July 1, 2026.