House Bill 245

(As Passed the House)

AN ACT TO ESTABLISH THE HAZARD MITIGATION REVOLVING LOAN FUND PROGRAM TO PROVIDE ASSISTANCE FOR PROJECTS THAT WILL REDUCE DISASTER RISKS FOR HOMEOWNERS, BUSINESSES, NONPROFIT ORGANIZATIONS, AND COMMUNITIES IN ORDER TO DECREASE THE LOSS OF LIFE AND PROPERTY, THE COST OF INSURANCE, FEDERAL DISASTER PAYMENTS, OR AS OTHERWISE REQUIRED BY FEDERAL LAW; TO PROVIDE THAT THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY WILL ADMINISTER THE PROGRAM; TO DEFINE CERTAIN TERMS RELATING TO THE PROGRAM; TO PROVIDE AN APPLICATION PROCESS FOR ENTITIES THAT DESIRE TO PARTICIPATE IN THE PROGRAM; TO CREATE THE HAZARD MITIGATION REVOLVING LOAN FUND AS A SPECIAL FUND IN THE STATE TREASURY; TO PROVIDE THAT THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY SHALL HAVE ALL POWERS NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section, the following words and phrases have the meanings as defined in this subsection unless the context clearly indicates otherwise:

(a) "MEMA" means the Mississippi Emergency Management Agency.

(b) "Eligible recipient" means a political subdivision, public trust, agency, or commission of the state, or a private entity, to the extent permitted by federal law or federal regulations.

(c) "Federal law" means the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. 5131 et seq., as amended by the Safeguarding Tomorrow through Ongoing Risk Mitigation (STORM) Act, P. L. 11611 284, and any amendments thereto relating to state hazard mitigation revolving loan funds.

(d) "Political subdivision" means any county, municipality, utility, district, agency, department, institution, instrumentality, or other governmental unit created under state law.

(2) There is established a Hazard Mitigation Revolving Loan Fund Program to provide assistance for projects that will reduce disaster risks for homeowners, businesses, nonprofit organizations, and communities in order to decrease the loss of life and property, the cost of insurance, federal disaster payments, or as otherwise required by federal law. The program shall be administered by the MEMA, and the MEMA shall establish application procedures and eligibility criteria for loans from the fund.

(3) An eligible recipient desiring assistance under the program established under this section must submit an application to the MEMA. The application must contain:

(a) A description of:

(i) The purpose or purposes for which the assistance is requested,

(ii) The type of work the applicant will perform as part of the purpose or purposes for which assistance is requested,

(iii) The amount of funds from any other source available for the purpose or purposes for which assistance is requested, if any, and

(iv) The amount of assistance in loan funds requested; and

(b) Any other information requested by the MEMA.

(4) (a) The MEMA shall review such application and determine whether the eligible recipient is eligible for assistance under the program. If the MEMA approves the eligible recipient for assistance under the program, it shall provide a certificate to the eligible recipient designating the eligible recipient as eligible for assistance. An eligible recipient approved for assistance under the program may use loan proceeds for purposes including, but not limited to, projects or activities that mitigate the impacts of natural hazards; zoning, land use, floodplain management, and hazard mitigation planning changes; and establishing and carrying out the latest published editions of relevant building codes, specifications, and standards for the purpose of protecting the health, safety, and general welfare of a building's users against disasters and natural hazards.

(b) Monies repaid to the state from loans authorized under this section shall be deposited into the revolving fund.

(5) There is created a special fund in the State Treasury to be designated as the "Hazard Mitigation Revolving Loan Fund", referred to in this section as "revolving fund". The revolving fund shall consist of repayment of loans made under the program, interest earned on amounts in the fund, and any appropriations, bond proceeds, grants, gifts, donations and any other funds from any source, public or private, designated for deposit into the fund. The revolving fund shall be maintained in perpetuity for the purposes established in this section. Unexpended amounts remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the revolving fund shall be deposited to the credit of the fund. Monies in the revolving fund may not be used or expended for any purpose except as authorized under this section, and may be expended only in amounts appropriated by the Legislature. Any federal funds in the revolving fund shall be used and expended only in accordance with federal laws, rules and regulations governing the expenditure of those funds.

(6) An eligible recipient that is a political subdivision may use loan proceeds for the purpose of offering loan funds to private property owners to use for hazard mitigation projects for buildings. Each private property owner applying for a loan pursuant to the provisions of this section shall demonstrate on the loan application both a need for the loan and the ability to repay the loan, if required.

(7) If a property owner has received a loan pursuant to the provisions of this section, upon the sale of the property the outstanding loan principal shall be repaid unless the purchaser assumes the loan.

(8) The MEMA shall have all powers necessary to implement and administer the program established under this section, and the MEMA shall promulgate rules, in accordance with the Mississippi Administrative Procedures Law, as necessary for the implementation of this section.

SECTION 2. This act shall take effect and be in force from and after its passage.