House Bill 389

AN ACT MAKING AN APPROPRIATION TO THE PUNKIN WATER ASSOCIATION IN LAFAYETTE COUNTY TO ASSIST THE ASSOCIATION IN COSTS ASSOCIATED WITH ELIGIBLE DRINKING WATER PROJECTS UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE FISCAL YEAR 2024.

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 Punkin Water Association in Lafayette County, Mississippi, to assist the association in costs associated with eligible drinking water projects as provided in the Final Rule for the Coronavirus State and Local Fiscal Recovery Funds as established by the federal American Rescue Plan Act (ARPA), for the fiscal year beginning July 1, 2023, and ending June 30, 2024.....

................................................ $ 1,500,000.00.

SECTION 2. The Punkin Water Association shall expend the money appropriated under Section 1 of this act in accordance with the rules and regulations of the State Department of Health adopted under the ARPA Rural Water Association Infrastructure Grant Program established under Section 41-3-16.1, Mississippi Code of 1972, and the Punkin Water shall be considered to be a rural water association for the purpose of complying with the requirements of the rules and regulations.

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

(2) The association shall not expend any funds appropriated under this act without first: (a) making an individualized determination that the expenditure 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 association 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 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 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 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, then the association 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, 2023.