Senate Bill 3164

AN ACT MAKING AN ADDITIONAL APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION BUREAU OF BUILDING, GROUNDS, AND REAL PROPERTY MANAGEMENT FOR ALLOWABLE CAPITAL PROJECTS UNDER THE AMERICAN RESCUE PLAN ACT FOR THE PERIOD BEGINNING ON PASSAGE AND ENDING ON JUNE 30, 2025.

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

SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money not otherwise appropriated to the credit of the Coronavirus State Fiscal Recovery Fund, and allocated in a manner as determined by the Treasurer's Office, to the Department of Finance and Administration Bureau of Building, Grounds, and Real Property Management for the purposes described in this section, for the period beginning on passage, and ending June 30, 2025..................

............................................... $ 60,000,000.00.

This additional appropriation under this section is for the purpose of completing capital projects at any state-owned buildings or grounds that are allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.

SECTION 2. "Capital projects" for the purpose of this act shall mean the following:

(a) Eligible projects under the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF), lead remediation, and stormwater infrastructure;

b) Prevention, mitigation, or other services in congregate living facilities and other key settings;

(d) Capital investments in public facilities to implement COVID-19 mitigation tactics;

(e) Improvements to state parks due to increased use;

(f) Any other 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 broadband infrastructure.

SECTION 3. It is the intention of the Legislature that the Department of Finance and Administration Bureau of Building, Grounds, and Real Property Management prioritize necessary investment in drinking water, wastewater, and stormwater infrastructure when determining projects unless the entity operates a congregate living facility or the purpose is expressly stated in this act.

SECTION 4. None of the funds appropriated under this act shall be used to pay employee premium payments.

SECTION 5. (1) As used in this section and Section 6 of this act, the term "department" means the Department of Finance and Administration Bureau of Building, Grounds and Real Property Management.

(2) The department shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the expenditure sought is, in the department'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 department 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 subrecipient monitoring and management, and subpart F regarding audit requirements.

SECTION 6. (1) As a condition of receiving and expending the funds appropriated to the department under this act, the department shall certify that each expenditure of the funds appropriated to the department 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 department or recipient has expended or otherwise used any of the funds appropriated to the department 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 department or recipient, then the department 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 7. The department shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report. The reports shall contain a listing of the projects intended to be funded through this appropriation, the amount of funds allocated toward each project, the amount of funds expended on each project, and the status of each project.

SECTION 8. 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 9. This act shall take effect and be in force from and after its passage, and shall stand repealed on the day before its passage.