Bill Text: MS HB1150 | 2024 | Regular Session | Introduced
Bill Title: MS Emergency Drinking Water Network Act; create.
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-05 - Died In Committee [HB1150 Detail]
Download: Mississippi-2024-HB1150-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Public Health and Human Services; Appropriations A
By: Representatives Hale, Hines, James-Jones, Johnson, Keen, Kinkade, McCray, Newman, Remak
House Bill 1150
AN ACT TO ESTABLISH THE MISSISSIPPI EMERGENCY DRINKING WATER NETWORK ACT TO BE ADMINISTERED BY THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO ESTABLISH THE MISSISSIPPI EMERGENCY DRINKING WATER NETWORK GRANT PROGRAM TO INCREASE DRINKING WATER SECURITY AND WATER SYSTEM RESILIENCY BY EQUIPPING WATER SYSTEMS AND FIRST RESPONDERS WITH EQUIPMENT AND TRAINING TO MAINTAIN WATER SERVICE TO VITAL FACILITIES AND THE PUBLIC DURING PERIODS OF INFRASTRUCTURE FAILURE; TO PROVIDE DEFINITIONS FOR THE TERMS USED IN THE ACT; TO SPECIFY THE PURPOSES FOR GRANT AWARDS TO MISSISSIPPI COUNTY EMERGENCY MANAGEMENT AGENCIES; TO AUTHORIZE THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY (MEMA) TO MAKE ELIGIBLE EQUIPMENT PURCHASES SUPPORTING THE MISSISSIPPI EMERGENCY DRINKING WATER NETWORK; TO ALLOW THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY TO USE A MAXIMUM OF TWO PERCENT OF FUNDS APPROPRIATED FOR THE ADMINISTRATIVE EXPENSES OF CARRYING OUT THE PROVISIONS OF THIS ACT, TO THE EXTENT PERMISSIBLE UNDER FEDERAL LAW; TO DIRECT MEMA TO SEEK TO MINIMIZE ITS ADMINISTRATIVE EXPENSES BY ESTABLISHING POLICIES AND PROCEDURES MIRRORING PAST PROGRAMS USING FEDERAL COVID-19 RELIEF FUNDS; TO REQUIRE MEMA TO CERTIFY TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION THAT EACH EXPENDITURE APPROPRIATED TO THE OFFICE IS IN COMPLIANCE WITH UNITED STATES DEPARTMENT OF THE TREASURY CRITERIA REGARDING THE USE OF MONIES FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND; TO PROVIDE REPORTING REQUIREMENTS TO THE GOVERNOR AND THE LEGISLATURE BY OCTOBER 1 OF EACH YEAR; TO PROVIDE THAT FUNDS APPROPRIATED TO MEMA FOR THE PURPOSES OF THIS ACT SHALL BE AVAILABLE THROUGH DECEMBER 31, 2026, OR ON THE DATE OF THE ARPA FUNDS EXPENDITURE DEADLINE PROVIDED BY THE FEDERAL GOVERNMENT, WHICHEVER OCCURS LATER; TO PROVIDE THAT 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 THROUGH OTHER FUNDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Emergency Drinking Water Network Act". Under this act, the Legislature creates the Mississippi Emergency Drinking Water Network and the Mississippi Emergency Drinking Water Network Grant Program.
SECTION 2. (1) The Mississippi Legislature finds that:
(a) The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) 2023 Interim Final Rule authorizes expenditures for the purpose of mitigation activities that reduce or eliminate the potential impacts of the threat of a natural disaster;
(b) The majority of Mississippi communities are rural communities that are historically underserved by federal disaster relief programs;
(c) The SLFRF 2023 Interim Final Rule encourages recipients to consider how the provision of emergency relief can support communities that have been historically underserved and are more at risk of the impacts of natural disasters.
(2) Therefore, the intent of the Mississippi Legislature is to:
(a) Provide funding for the establishment of potable water points of distribution in each county and the acquisition of equipment to transport bulk potable water by truck and to facilitate the transfer and safe use of bulk potable water during water system emergencies;
(b) Provide funding for the acquisition of equipment designed to transfer potable water using relocatable pump and piping systems that can be deployed during water system emergencies; and
(c) Provide funding for training water system personnel and first responders in proper deployment of transport and transfer systems.
SECTION 3. There is established the Mississippi Emergency Drinking Water Network Grant Program, which shall be administered by the Mississippi Emergency Management Agency for the purpose of increasing drinking water security and water system resiliency by equipping water systems and first responders with equipment and training to maintain water service to vital facilities and the public during periods of infrastructure failure.
SECTION 4. As used in this act, the following words shall have the meanings as defined in this subsection unless the context requires otherwise:
(a) "ARPA funds" means funds allocated to the State of Mississippi from the Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2).
(b) "COVID-19" means the Coronavirus Disease 2019.
(c) "Eligible expenses" means a cost incurred by a recipient under this act, including, but not limited to:
(i) Necessary equipment or other supplies to establish potable water points of distribution. Examples include backflow prevention devices, hydrant metering devices, and hoses and fittings;
(ii) Necessary equipment for a potable water transport system capable of hauling potable water by truck, from points of distribution to points of use;
(iii) Necessary equipment for storage and use of potable water at points of use;
(iv) Necessary equipment to transfer potable water between or within water systems using relocatable pumping systems; and
(v) Necessary training materials and demonstrations for water system operators and first responders to properly deploy systems.
(d) "Grant program" means the Mississippi Emergency Drinking Water Network Grant Program established in this act, which provides funding from federal ARPA funds to distribute equipment and resources for the bulk hauling of potable water by truck and bulk transfer using deployable pumping systems that facilitate movement of potable water between neighboring water systems with an emphasis on providing rural water systems with self sufficiency as well as the ability to participate in mutual aid efforts between water systems and other public and private sector facilities for which interruptions in water supply may cause public harm.
(e) "MEMA" means the Mississippi Emergency Management Agency.
(f) "Network" or "MEDWN" means the Mississippi Emergency Drinking Water Network, which refers collectively to the equipment, training, and operational plans developed to meet the goals of the grant program.
(g) "Point of distribution" means a location determined by county emergency management agencies from which potable water distribution will take place if the county serves as a provider of potable water to be transported or transferred. Selection, planning, and safe operation of the points of distribution shall be performed in conjunction with the system operator of the respective water system possessing the necessary skills and certifications for safe selection and operation.
(h) "Point of use" means the location receiving transported or transferred potable water from a point of distribution.
(i) "Recipient" means a county emergency management agency, rural water association, rural fire district, or other entity deemed by MEMA as capable of performing duties determined necessary to meet the goals of the grant program as either an end user or pass-through recipient of funds.
(j) "Transfer pump system" means a system of pumps and hoses designed for the specific purpose of transferring potable water from points of distribution to points of use.
(k) "Transport system" means equipment designed for the specific purpose of transporting potable water from points of distribution to points of use.
SECTION 5. (1) Subject to appropriation by the Legislature, MEMA shall grant a fixed amount award to each Mississippi county emergency management agency for:
(a) Costs of bulk potable water truck transport equipment meeting network requirements established by MEMA;
(b) Costs of training first responders and water operators in deployment of water transport equipment;
(c) Costs of establishing a potable water point of distribution within the recipient's jurisdiction.
(2) Subject to appropriation by the Legislature, MEMA shall:
(a) Directly acquire potable water transfer pump systems to support bulk transfer of potable water;
(b) Determine the optimal quantity and geographic placement of transfer pump systems in Mississippi to best respond to water emergencies;
(c) Develop an operations plan for deployment of the transfer pump systems; and
(d) Develop a training program for first responders for deployment of transfer pump systems.
(3) All grants and other funds disbursed by MEMA under this act must be used only for eligible expenditures.
(4) MEMA is authorized to use a maximum of two percent (2%) of the funds appropriated for the purposes of this act for administrative expenses of carrying out the provisions of this act, to the extent permissible under federal law. MEMA shall seek to minimize its administrative expenses by establishing policies and procedures mirroring past programs using federal COVID-19 relief funds.
(5) After the initial fixed award and direct purchase amounts are determined, MEMA shall accept applications and, at its discretion, obligate by subaward any remaining funds to rural county emergency management agencies, rural water providers, rural first responders, or pass-through subrecipients for purposes that are aligned with the goals of the grant program.
(6) MEMA shall certify to the Department of Finance and Administration that each expenditure from funds appropriated to MEMA is in compliance with United States Department of the Treasury criteria regarding the use of monies from the Coronavirus State Fiscal Recovery Fund. MEMA shall report to the Governor and the Legislature by October 1 of each year detailing the expenditures during the previous year of funds appropriated to MEMA for the purposes of this act.
(7) All funds appropriated to MEMA for the purpose of this act shall be disbursed in compliance with the guidelines, guidance, rules, regulations and 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 American Rescue Plan Act (ARPA). Unobligated funds remaining at the end of ARPA SLFRF obligation deadline set by the United States Department of the Treasury shall be managed in accordance with ARPA SLFRF rules under the authority of the Department of Finance and Administration.
(8) The funds appropriated to MEMA for the purposes of this act shall be available through December 31, 2026, or on the date of the ARPA funds expenditure deadline provided by the federal government, whichever occurs later. 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 shall complete the project through other funds.
SECTION 6. This act shall take effect and be in force from and after July 1, 2024.
