Bill Text: MS SB2557 | 2024 | Regular Session | Enrolled
Bill Title: Ground lease for solar installation at Mississippi Agricultural and Forestry Experimental Stations; authorize.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-04-08 - Approved by Governor [SB2557 Detail]
Download: Mississippi-2024-SB2557-Enrolled.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Universities and Colleges; Energy
By: Senator(s) Williams, Simmons (13th)
Senate Bill 2557
(As Sent to Governor)
AN ACT TO AMEND SECTION 37-113-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING, UPON RECOMMENDATION OF THE DIRECTOR OF THE AGRICULTURAL AND FORESTRY EXPERIMENTAL STATION AT THE MISSISSIPPI STATE UNIVERSITY OF AGRICULTURE AND APPLIED SCIENCE OR THE DEAN OF THE COLLEGE OF AGRICULTURE AND APPLIED SCIENCES AT ALCORN STATE UNIVERSITY, TO ENTER INTO CONTRACTS, LEASES AND OTHER ARRANGEMENTS FOR TERMS NOT TO EXCEED 30 YEARS, WITH THE OPTION FOR TWO TEN-YEAR LEASE EXTENSIONS, WITH ANY PERSONS OR BUSINESS ENTITY FOR THE DEVELOPMENT OF A SOLAR INSTALLATION AT ANY BRANCH RESEARCH STATION OPERATED BY THE MISSISSIPPI AGRICULTURAL AND FORESTRY EXPERIMENTAL STATION OR THE ALCORN STATE UNIVERSITY COLLEGE OF AGRICULTURE EXTENSION AND RESEARCH CENTERS, AS APPLICABLE; TO SET CERTAIN LEASE REQUIREMENTS; TO PROVIDE THAT THE STATE SHALL RETAIN ALL MINERAL RIGHTS TO THE REAL PROPERTY LEASED UNDER THE ACT; TO PROVIDE CERTAIN CONTRACTUAL PROVISIONS THAT MUST BE INCLUDED IN THE LEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-113-21, Mississippi Code of 1972, is amended as follows:
37-113-21. (1) Agriculture is the primary industry of Mississippi and it is to the interest of said state agriculture that research in the fields of livestock products, pastures and forage crops, poultry, herd and flock management, horticulture, farm mechanization, soil conservation, forestry, disease and insect and parasite control, the testing of plants and livestock under different conditions, farm enterprises for different sized farms under different soil and climatic conditions and market locations, and other important phases of Mississippi's agricultural economy, be expanded in the manner provided for in this section.
(2) There is hereby authorized a branch experiment station to be known as the Brown Loam Branch Experiment Station, which is to be located on a part of that tract of land owned by the State of Mississippi and formerly operated as the Oakley Penitentiary and known as the Oakley Youth Development Center, same to be selected in accordance with Laws, 1954, Chapter 159, Section 3, and used as an agricultural experiment station. This property is to be supplied with necessary buildings, equipment, and other facilities; and title to such Oakley Penitentiary Farm, now known as the Oakley Youth Development Center, is to be transferred to the Board of Trustees of State Institutions of Higher Learning for the use of the Mississippi Agricultural and Forestry Experimental Station as the site of, and to be used for said Brown Loam Branch Experiment Station in accordance with Laws, 1954, Chapter 159, Section 3.
There is hereby authorized a branch experiment station to be known as the Coastal Plain Branch Experiment Station to be located on a suitable tract of approximately nine hundred (900) acres to be purchased in the upper coastal plain or short leaf pine area of east central Mississippi and to be supplied with necessary buildings, equipment, and other facilities.
The enlargement of the Holly Springs Branch Experiment Station, hereafter to be known as the North Mississippi Branch Experiment Station, is hereby authorized, by the purchase of approximately five hundred (500) acres of additional land adjacent to or in the vicinity of either of the two (2) farms now operated by said branch stations, and by the provision of the necessary buildings, equipment, and other facilities, and the sale as, hereinafter provided, of that farm of said branch station which is not adjacent to the additional land to be purchased.
There is hereby authorized the reactivation of the former McNeil Branch Experiment Station to be operated as a part of the South Mississippi Branch Experiment Station at Poplarville, and to be supplied with necessary buildings, equipment, and other facilities.
There is hereby authorized a branch experiment station to be known as the Black Belt Branch Experiment Station to be located on a suitable tract of approximately six hundred forty (640) acres of land to be purchased in Noxubee County, Mississippi, and to be supplied with the necessary buildings, equipment, and other facilities.
There is hereby authorized a branch experiment station to be known as the Northeast Mississippi Branch Experiment Station to be located on a suitable tract of approximately two hundred (200) acres of land to be purchased in Lee County, Mississippi. Said station shall be primarily devoted to the development of the dairy industry and shall be supplied with necessary buildings, equipment, and other facilities.
There is hereby authorized the expansion of the office and laboratory building at the Delta Branch Experiment Station at Stoneville and of the office and laboratory and dwellings for station workers at the Truck Crops Branch Experiment Station at Crystal Springs.
(3) The governing authorities of any municipality, town, or county in the state may, in their discretion, donate land, money or other property to the Board of Trustees of State Institutions of Higher Learning in furtherance of the purposes of this section.
For the purpose of securing funds to carry out this subsection, the governing authorities of such municipality, town, or county are hereby authorized and empowered, in their discretion, to issue bonds or negotiate notes for the purpose of acquiring by purchase, gift, or lease real estate for the purpose herein authorized. Such issuance of bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on counties, municipalities and towns, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bonds or notes by the governing authorities of such municipality, town, or county.
(4) Any person, firm or corporation may contribute or donate real or other property to the Board of Trustees of State Institutions of Higher Learning in furtherance of the purpose of this section.
(5) The Board of Trustees of State Institutions of Higher Learning is hereby authorized, upon recommendation of the Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science, which recommendation is approved by and transmitted to said board by the president of said university, to carry out the provisions of this section with particular reference to the establishment, reactivation, expansion, and the discontinuance of branch stations as herein provided, to receive and accept title to any land or property or money herein authorized, to buy or sell and dispose of any real or personal property herein authorized, to make available for carrying into effect the provisions of this section all money received from such sale or sales, and to do any and all things necessary to effectuate the purposes of this section. One-half (1/2) interest in and to all oil, gas and other minerals shall be retained under any lands sold hereunder.
(6) A gift of One Hundred Thousand Dollars ($100,000.00), authorized by the general education board of the Rockefeller Foundation for the development of agricultural research, with particular reference to expanding the branch experiment stations and conditioned upon a general program of expansion substantially, as herein provided, is hereby accepted. The Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science is authorized and instructed to control and expend such fund in the same manner as other funds appropriated to carry out the provisions of this section.
(7) The experiment station in Clay County, Mississippi, shall not be affected by this section.
(8) The Board of Trustees of State Institutions of Higher Learning is hereby authorized, upon recommendation of the Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science or the Dean of the College of Agriculture and Applied Sciences at Alcorn State University, which recommendation is approved by and transmitted to said board by the president of said university, to enter into contracts, leases and other arrangements for terms not to exceed thirty (30) years, with the option for two (2) ten-year lease extensions, with any persons or business entity for the development of a solar installation at any branch research station operated by the Mississippi Agricultural and Forestry Experimental Station or Alcorn State University College of Agriculture Extension and Research Centers.
(9) If all or any portion of the property described in subsection (8) of this section is leased, Mississippi State University of Agriculture and Applied Sciences or Alcorn State University, with the approval of the Board of Trustees of State Institutions of Higher Learning, is authorized to negotiate all aspects of any lease or sublease and any terms and ancillary agreements pertaining to any lease or sublease as may be reasonably necessary to effectuate the intent and purposes of subsection (8) of this section and to ensure a fair and equitable return to the state. All proceeds derived or received from the agreements and leases entered into under subsection (8) of this section shall be deposited into a special fund to be expended only for the use and benefit of Mississippi State University or into a special fund to be expended only for the use and benefit of Alcorn State University, respectively. At the end of the lease term provided in subsection (8) of this section, the property leased under the authority provided herein shall revert to Mississippi State University or Alcorn State University, respectively. The State of Mississippi shall retain all mineral rights to the real property leased under subsection (8) of this section.
(10) The lease provided for in subsection (8) of this section shall include a provision that requires that at the expiration or termination of the lease, and/or abandonment of the project, as applicable, the lessee shall:
(a) Remove all leasehold improvements from the property; and
(b) Be obligated to pay all costs to return the property to its same or similar condition at the time of lease execution.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
