MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Hopson
AN ACT TO DIRECT THE STATE FISCAL OFFICER TO MAKE CERTAIN TRANSFERS DURING FISCAL YEAR 2023 FROM THE CAPITAL EXPENSE FUND, CORONAVIRUS STATE FISCAL RECOVERY FUND, CAPITAL EXPENSE FUND - ARCHIVES AND HISTORY, ALCOHOLIC BEVERAGE CONTROL SPECIAL FUND, DEPARTMENT OF REVENUE GENERAL ADMINISTRATION SPECIAL FUND, SECRETARY OF STATE HELP MISSISSIPPI VOTE FUND AND STATE GENERAL FUND TO OTHER FUNDS IN THE STATE TREASURY; TO CREATE THE "CORONAVIRUS STATE FISCAL RECOVERY LOST REVENUE FUND" AS A SPECIAL FUND IN THE STATE TREASURY TO BE USED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF PROVIDING GOVERNMENT SERVICES; TO CREATE THE 2022 MAINTENANCE PROJECT FUND, THE 2022 CAPACITY PROJECT FUND, THE 2022 INFRASTRUCTURE MATCH FUND AND THE 2022 EMERGENCY ROAD AND BRIDGE FUND AS SPECIAL FUNDS IN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF TRANSPORTATION FOR VARIOUS PURPOSES; TO CREATE THE "INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT PROGRAM ACT OF 2022" TO BE ADMINISTERED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION WITH FUNDS APPROPRIATED FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND; TO PROVIDE THAT SUCH GRANTS SHALL BE MADE AVAILABLE TO ELIGIBLE INDEPENDENT SCHOOLS; TO PRESCRIBE ELIGIBLE PROJECTS UNDER THE GRANT PROGRAM; TO DIRECT THE DEPARTMENT TO PROMULGATE GRANT APPLICATION REGULATIONS; TO SET THE MAXIMUM AMOUNT OF GRANT FUNDS THAT MAY BE AWARDED TO ANY ELIGIBLE INDEPENDENT SCHOOL; TO AMEND SECTION 19-11-27, MISSISSIPPI CODE OF 1972, TO REVISE THE EXCEPTIONS TO LIMITATIONS ON COUNTY EXPENDITURES DURING THE LAST YEAR OF TERMS OF OFFICE OF THE BOARDS OF SUPERVISORS TO ALLOW EXPENDITURES FOR CERTAIN ROAD AND BRIDGE PROJECTS; TO AMEND SECTION 77-5-907, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN FEES DEPOSITED INTO THE PUBLIC UTILITIES STAFF REGULATION FUND SHALL BE TRANSFERRED TO THE BROADBAND EXPANSION AND ACCESSIBILITY OF MISSISSIPPI (BEAM) FUND; TO AMEND SECTION 57-1-601, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS FOR MAIN STREET GRANTS; TO DIRECT THE STATE FISCAL OFFICER TO TRANSFER FUNDS FROM THE CAPITAL EXPENSE FUND TO THE RURAL FIRE TRUCK MATCHING ASSISTANCE FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. During fiscal year 2023, the State Fiscal Officer shall transfer the amounts listed below from the Capital Expense Fund (Fund No. 6499C00000) to each of the following named funds:
FUND FUND NUMBER AMOUNT
Mississippi Historic Site
Preservation Fund 3348400000 $ 2,000,000.00
Mississippi Ports
Improvement Fund 6343322100 $ 10,000,000.00
Victims of Human Trafficking
and Commercial Sexual
Exploitation Fund 3307800000 $ 2,500,000.00
Mississippi Land, Water,
and Timber Resources Fund 634WC00000 $ 2,500,000.00
MDOT 2022 Maintenance Project
Fund created in this act $ 45,000,000.00
MDOT 2022 Capacity Project
Fund created in this act $ 35,000,000.00
MDOT 2022 Infrastructure Match
Fund created in this act $ 40,000,000.00
MDOT 2022 Emergency Road and
Bridge Fund created in this act $100,000,000.00
TOTAL $237,000,000.00
SECTION 2. During fiscal year 2023, the State Fiscal Officer shall transfer the amounts listed below from the Coronavirus State Fiscal Recovery Fund (Fund No. 6821113000) to each of the following named funds:
FUND FUND NUMBER AMOUNT
Coronavirus State Fiscal
Recovery Lost Revenue Fund
created in this act $ 55,000,000.00
Mississippi Association of
Independent Colleges and
Universities (MAICU) Grant
Program Fund created in Senate
Bill No. 2700, 2022 Regular
Session $ 10,000,000.00
TOTAL $ 65,000,000.00
SECTION 3. During fiscal year 2023, the State Fiscal Officer shall transfer the sum of One Million Dollars ($1,000,000.00) from the Capital Expense Fund - Archives and History (Fund No. 6447C00000) to Mississippi Historic Site Preservation Fund (Fund No. 3348400000).
SECTION 4. During fiscal year 2023, the State Fiscal Officer shall transfer the sum of Eight Thousand Eighty-six Dollars and Ninety-five Cents ($8,086.95) from the Alcoholic Beverage Control Special Fund (Fund No. 331960000) and the sum of Eight Thousand Six Hundred One Dollars and Sixty-four Cents ($8,601.64) from the Department of Revenue General Administration Special Fund (Fund No. 3319700000) to the Sales Tax Fees Fund (Fund No. 3318100000).
SECTION 5. During fiscal year 2023, the State Fiscal Officer shall transfer the sum of Six Hundred Twenty-three Dollars ($623.00) from the Secretary of State Help Mississippi Vote Fund (Fund No. 3311M00000) to the State General Fund (Fund No. 2999000000).
SECTION 6. During fiscal year 2023, the State Fiscal Officer shall transfer the sum of Ten Million Dollars ($10,000,000.00) from the State General Fund (Fund No. 2999000000) to the Mississippi Outdoor Stewardship Trust Fund created by House Bill No. 606, 2022 Regular Session.
SECTION 7. There is created in the State Treasury a special fund to be designated as the "Coronavirus State Fiscal Recovery Lost Revenue Fund," which shall consist of funds calculated based on a reduction in the state's general revenue due to the coronavirus public health emergency, made available through the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021, and transferred into the fund by act of the Legislature. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Finance and Administration, upon appropriation by the Legislature, for the purpose of providing government services.
SECTION 8. There is created in the State Treasury a special fund to be designated as the "2022 Maintenance Project Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, to provide for maintenance projects by adopting the Pavement Program of the Three-Year Plan as adopted by the Mississippi Transportation Commission on Minute Book 105, page 732 and further required by Section 65-1-141.
SECTION 9. There is created in the State Treasury a special fund to be designated as the "2022 Capacity Project Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, to provide for capacity projects by adopting the Capacity Program of the Three-Year Plan as adopted by the Mississippi Transportation Commission on Minute Book 105, page 732 and further required by Section 65-1-141.
SECTION 10. There is created in the State Treasury a special fund to be designated as the "2022 Infrastructure Match Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, to provide for funds necessary to match projected federal funds available through the following federal fiscal year from the annual Federal Highway Administration appropriations and from the supplemental Infrastructure Investment and Jobs Act (IIJA) appropriations.
SECTION 11. There is created in the State Treasury a special fund to be designated as the "2022 Emergency Road and Bridge Fund," which shall consist of funds made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Transportation, upon appropriation by the Legislature, for the purposes provided in Section 65-1-179. Of the monies expended under this section, it is the intention of the Legislature that the Department of Transportation be excluded from applying for use of funds in order to give preference to counties and municipalities.
SECTION 12. (1) This section shall be known and may be cited as the "Independent Schools Infrastructure Grant Program Act of 2022."
(2) There is established the Independent Schools Infrastructure Grant Program, to be administered by the Department of Finance and Administration. Under the program, eligible independent schools may apply for reimbursable grants to make necessary investments in water, wastewater, stormwater, broadband and other eligible infrastructure projects to be funded by the Legislature using Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act (ARPA). The program shall be funded from appropriations by the Legislature to the department from the Coronavirus State Fiscal Recovery Fund.
(3) The use of grants 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. An eligible independent school found to be fully or partially noncompliant with grant requirements shall return to the state all or a portion of the grant monies received and used for unallowable expenditures. Applicants shall confirm their understanding of these terms.
(4) For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings as defined in this subsection:
(a) "Program" means the Independent Schools Infrastructure Grant Program established under this section.
(b) "ARPA" means the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(c) "ARPA funds" means 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.
(d) "Department" means the Department of Finance and Administration.
(e) "Eligible independent school" means any private or nonpublic school operating within the State of Mississippi that:
(i) Is a member of the Midsouth Association of Independent Schools (MAIS) and located in the State of Mississippi; or
(ii) Is accredited by a state, regional or national accrediting organization; and
(iii) Is not subject to the purview of authority of the State Board of Education.
(5) On or before July 1, 2022, the department shall promulgate rules and regulations necessary to administer the program established under this section, including application procedures and deadlines.
(6) Funds under the program shall be awarded for ARPA eligible projects in the following order:
(a) Eligible water, wastewater and stormwater projects under the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF) and other eligible water projects allowable by ARPA;
(b) Broadband infrastructure projects;
(c) Capital investments for prevention, mitigation and ventilation in congregate living facilities and other key settings; and
(d) Any eligible 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, excluding premium pay for employees.
(7) The governing board of any eligible independent school may submit an application for grant funds under this section. Applicants shall certify to the department that each expenditure of the funds awarded to them by the department under this section is in compliance with the ARPA guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund. Subsequent submissions will be due by the dates established by the department.
(8) An application for a grant under this section shall be submitted at such time, be in such form, and contain such information as the department prescribes. Each application shall include the following at a minimum: applicant contact information; project description and type of project; project map; estimate of the population served by the project; estimated project cost; estimated project schedule; and readiness to proceed. The department is authorized to accept additional rounds of grant proposals for application consideration as needed.
(9) Applications shall be reviewed, and the department shall certify that each project submitted is eligible under ARPA and all applicable guidance issued by the United States Department of the Treasury. For water, wastewater and stormwater projects, the department must also certify that it is a "necessary investment" in water, wastewater or stormwater infrastructure as defined in ARPA and all applicable guidance issued by the United States Department of the Treasury. Grant agreements shall be executed between the recipient and the department. All final awards shall 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, and the department obtains the necessary support for reimbursement.
(10) Grant funds shall be used prospectively, and grants are not available to cover the costs of debt incurred before the effective date of this section.
(11) The maximum amount of grant funds that may be awarded to any eligible independent school under the program is One Hundred Thousand Dollars ($100,000.00).
(12) The department shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report about the program. The reports shall contain the applications received, the amount of grant funds awarded to each applicant, the amount of grant funds expended by each applicant, and the status of each applicant's project.
(13) Grant funds received under this section must be obligated no later than December 31, 2024, and must be expended no later than December 31, 2026. Each grant recipient shall certify for any project for which a grant is awarded that if 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 using any other funds available.
(14) The department may retain an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) of the total funds allocated to the program to defray its administrative costs.
(15) This section shall stand repealed on July 1, 2026.
SECTION 13. Section 19-11-27, Mississippi Code of 1972, is amended as follows:
19-11-27. No board of supervisors
of any county shall expend from, or contract an obligation against, the budget estimates
for road and bridge construction, maintenance and equipment, made and published
by it during the last year of the term of office of such board, between the first
day of October and the first day of the following January, a sum exceeding one-fourth
(1/4) of such item of the budget made and published by it, except in cases of emergency.
The clerk of any county is prohibited from issuing any warrant contrary to the provisions
of this section. No board of supervisors nor any member thereof shall buy any machinery
or equipment in the last six (6) months of their or his term unless or until he
has been elected at the general election of that year. The provisions of this section
shall not apply to (i) * * * projects of any type that receive monies from
the Local System Bridge Replacement and Rehabilitation Program, the Emergency Road
and Bridge Repair Fund, the 2018 Transportation and Infrastructure Improvement Fund
or the Gulf Coast Restoration Fund and (ii) to expenditures * * * on deficient bridges
in the State Aid Road System or the Local System Road Program that have * * * been
deemed to be a deficient bridge as defined in Section 65-37-3 or to a contract,
lease or lease-purchase contract executed pursuant to the bidding requirements in
Section 31-7-13 and approved by a unanimous vote of the board. Such unanimous vote
shall include a statement indicating the board's proclamation that the award of
the contract is essential to the efficiency and economy of the operation of the
county government. * * *
SECTION 14. Section 77-5-907, Mississippi Code of 1972, is amended as follows:
77-5-907. There is hereby
created in the State Treasury a special fund to be designated as the "Public
Utilities Application Fund," which shall consist of funds made available
by the Legislature in any manner and funds from any other source designated for
deposit into such fund. Unexpended amounts remaining in the fund at the end of
a fiscal year shall not lapse into the State General Fund, and any investment
earnings or interest earned on amounts in the fund shall be deposited to the
credit of the fund. Monies in the fund shall be used for administration
expenses related to the processing of grants by the Public Utilities Staff.
Any application fee collected under the grant programs and deposited to the Public
Utilities Staff Regulation Fund before September 1, 2020, shall be transferred
to the * * * Broadband Expansion and Accessibility
of Mississippi (BEAM) Fund created by House Bill No. 1029, 2022 Regular Session.
SECTION 15. Section 57-1-601, Mississippi Code of 1972, is amended as follows:
57-1-601. (1) For the purposes of this section, the following words shall have the following meanings ascribed in this section, unless the context clearly otherwise requires:
(a) "MDA" means the Mississippi Development Authority.
(b)
"Municipality" means * * * any
municipality with a population of less than fifteen thousand (15,000) according
to the latest federal decennial census at the time the municipality submits an
application to the MDA under this section.
(c) "Revitalization zone" means an area in the municipality officially designated by ordinance or resolution of the governing authorities of the municipality as a revitalization zone and approved and certified by the MDA as meeting the requirements of this section.
(2) (a) There is created in the State Treasury a special fund to be designated as the "Mississippi Main Street Investment Grant Fund" which shall consist of funds from any source designated for deposit into the fund. 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. Monies in the fund shall be used by the MDA for the purposes authorized in subsection (3) of this section.
(b) Monies in the fund which are derived from the proceeds of general obligation bonds may be used to reimburse reasonable actual and necessary costs incurred by the MDA in providing grants under this section through the use of proceeds of such general obligation bonds. An accounting of actual costs incurred for which reimbursement is sought shall be maintained for the program. Reimbursement of reasonable actual and necessary costs for assistance shall not exceed three percent (3%) of the proceeds of bonds issued for such assistance. Reimbursements made under this subsection shall satisfy any applicable federal tax law requirements.
(3) The MDA shall establish
a program to make grants to * * * a municipality to assist with maintaining
and improving the viability of revitalization zones. The proceeds of a grant
made to * * *
a municipality under this section may be used for
maintaining and/or improving the viability of a revitalization zone through
means deemed appropriate by the governing authorities of * * * a
municipality, including, but not limited to, making loans, grants and/or other
forms of assistance to any person or public or private association or other
entity for use for infrastructure projects, improvements to properties,
signage and other purposes related to maintaining and/or improving the
viability of the revitalization zone.
(4) (a) If * * * a municipality desires a grant
under this section, the municipality shall submit an application to the MDA seeking
(i) approval and certification of the proposed revitalization zone and (ii) a
grant for the purposes authorized in this section. The application shall include,
at a minimum:
1. The name of the proposed revitalization zone, together with the words, "revitalization zone";
2. A description of the revitalization zone by metes and bounds;
3. A map showing the parcels of real property included in the revitalization zone and the present use of such parcels;
4. A master plan for the revitalization zone that has been approved by sixty percent (60%) of the property owners within the zone at the time the municipality submits the application; and
5. Any other information required by
the MDA. The governing authorities of * * * a municipality
may designate the boundaries of a proposed revitalization zone by adoption of
an ordinance or resolution that is spread upon its minutes and describes the boundaries
of the zone.
(b) The MDA shall review the application to confirm that the revitalization zone meets the requirements of this section. A revitalization zone may embrace two (2) or more separate parcels of real property, and such property may be publicly and/or privately owned. Each revitalization zone shall be of such size and form as to include all properties that, in the determination of the municipality and the MDA, constitute an integral part of the revitalization zone. If the MDA determines that the boundaries of the proposed revitalization zone exceed the area that is reasonably deemed to be integral to the revitalization zone, the MDA may reduce the boundaries of the proposed area. Upon the approval and selection of a municipal revitalization zone project, the MDA shall certify the revitalization zone.
(5) The MDA shall have all powers necessary to implement and administer the program established under this section, and the MDA shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
SECTION 16. Upon the effective date of this act, the State Fiscal Officer shall transfer the sum of Two Million Dollars ($2,000,000.00) from the Capital Expense Fund created in Section 27-103-303, Mississippi Code of 1972, to the Rural Fire Truck Matching Assistance Fund created in House Bill 842, 2022 Regular Session.
SECTION 17. This act shall take effect and be in force from and after July 1, 2022, except for Section 14, which shall take effect and be in force from and after the passage of this act.