Bill Text: MS SB2724 | 2022 | Regular Session | Engrossed

Mississippi Senate Bill 2724 (Prior Session Legislation)

Bill Title: "MS Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Act of 2022"; establish.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Failed) 2022-03-01 - Died In Committee [SB2724 Detail]

Download: Mississippi-2022-SB2724-Engrossed.html

MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Appropriations

By: Senator(s) Parks, Polk, Butler (36th), DeBar, Frazier, Michel, Williams, Butler (38th), Jordan, Jackson (11th), Thomas, Horhn, Blount, Hickman

Senate Bill 2724

(As Passed the Senate)

AN ACT TO ESTABLISH THE "MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) INFRASTRUCTURE GRANT PROGRAM ACT OF 2022" ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF FINANCE AND ADMINISTRATION UTILIZING FUNDS MADE AVAILABLE UNDER THE FEDERAL CORONAVIRUS STATE FISCAL RECOVERY FUNDS AND THE FEDERAL AMERICAN RESCUE PLAN ACT (ARPA); TO PROVIDE THAT SUCH GRANTS SHALL BE MADE AVAILABLE; TO PRESCRIBE ELIGIBLE PROJECTS UNDER THE GRANT PROGRAM; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO PROMULGATE GRANT APPLICATION REGULATIONS; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ADMINISTER THE MAICU GRANT PROGRAM AND RETAIN ADMINISTRATIVE COSTS; TO CREATE IN THE STATE TREASURY A SPECIAL FUND DESIGNATED AS THE "MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) INFRASTRUCTURE GRANT PROGRAM FUND"; TO AMEND SECTION 27-104-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Act of 2022."

(2) There is hereby established within the Mississippi Department of Finance and Administration, the Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program under which independent colleges and universities may apply for reimbursable grants to make necessary investments in water, wastewater, stormwater, broadband and other eligible infrastructure projects to be funded by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act (ARPA). Such grants shall be made available to the following institutions: Belhaven University, Blue Mountain College, Millsaps College, Mississippi College, Rust College, Tougaloo College and William Carey University. Grant program funds shall be distributed to each listed institution based on the pro rata share of full-time equivalent students enrolled in the respective college or university. For purposes of this distribution, a full-time equivalent student shall be calculated as follows:

(a) One (1) full-time student shall be considered one (1) full-time equivalent student;

(b) One (1) part-time student shall be considered one-half (1/2) of a full-time equivalent student; and

(3) For purposes of this act, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:

(a) "MAICU Grant Program" shall mean the Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program.

(b) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.

(c) "State Recovery Funds" shall mean Coronavirus State Fiscal Recovery Funds awarded through Section 602 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.

(d) "Department" shall mean the Department of Finance and Administration.

(4) On or before July 1, 2022, the Mississippi Department of Finance and Administration shall promulgate rules and regulations necessary to administer the MAICU Grant Program prescribed under this act, including application procedures and deadlines.

(5) Funds under the MAICU Grant Program shall be awarded for ARPA eligible projects in the following order:

(a) Eligible water, wastewater and stormwater projects under the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF) and other eligible water projects allowable by ARPA;

(b) Broadband infrastructure projects;

(c) Capital investments for prevention, mitigation and ventilation in congregate living facilities and other key settings; and

(d) Any 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 premium pay.

(6) The Board of Trustees of the respective members of the Association of Independent Colleges and Universities (MAICU) may submit an application for grant funds under this act. Applicants shall certify to the Department of Finance and Administration that each expenditure of the funds awarded to them by the department under this act is in compliance with the ARPA guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the State Coronavirus State Fiscal Recovery Funds. Subsequent submissions will be due by the dates established by the department.

(7) An application for a grant under this act shall be submitted at such time, be in such form, and contain such information as the department prescribes. Each application shall include the following at a minimum: applicant contact information; project description and type of project; project map; estimate of the population served by the projects; estimated project cost; estimated project schedule; and readiness to proceed. The Mississippi Department of Finance and Administration is authorized to accept additional rounds of grant proposals for application consideration as needed.

(8) Applications shall be reviewed, and the Mississippi Department of Finance and Administration shall certify that each project submitted is eligible under the American Rescue Plan Act and all applicable guidance issued by the United States Department of the Treasury. For water, wastewater and stormwater projects, the department must also certify that it is a "necessary investment" in water, wastewater or stormwater infrastructure as defined in the American Rescue Plan Act and all applicable guidance issued by the United States Department of the Treasury. Grant agreements shall be executed between the recipient and the Mississippi Department of Finance and Administration. All final awards will be determined at the discretion of the executive director of the department. Funds shall be made available to a grantee upon the execution of a grant agreement between the department and the approved applicant, and the department obtains the necessary support for reimbursement.

(9) Grant requirements shall be used prospectively and grants are not available to cover the costs of debt incurred prior to the enactment of this program.

(10) (a) There is hereby created in the State Treasury a special fund to be known as the "Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund," which shall consist of funds appropriated by the Legislature from federal American Rescue Plan (ARPA) monies or other available federal grant funds for the purposes of awarding grants under this act. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund. The expenditure of monies in the Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund shall be under the direction of the Mississippi Department of Finance and Administration;

(b) All monies shall be disbursed from the fund created in this subsection shall be in compliance with the guidelines, guidance, rules, regulations or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies received by or on behalf of the State of Mississippi through the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021 (Public Law No. 117-2). Unexpended amounts remaining in the funds at the end of a fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any investment earnings or interest earned on amounts in the program fund shall be deposited to the credit of COVID-19 Hospital Expanded Capacity Program Fund;

(c) If there are unobligated Coronavirus State Fiscal Recovery Fund monies remaining in the fund created in this act, on the later of December 17, 2024, or fourteen (14) days prior to the fund obligation deadline provided by the federal government, the Department of Finance and Administration shall transfer these unobligated balances to the Coronavirus State Fiscal Recovery Fund. The Department of Finance and Administration shall then transfer the unobligated balance of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the State and School Employees' Life and Health Insurance Fund for an amount not to exceed the lesser of Sixty Million Dollars ($60,000,000.00) or the amount of allowable ARPA expenditures, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government. The Department of Finance and Administration shall then transfer all remaining unobligated balances of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the Unemployment Compensation Fund up to the ARPA allowable amount, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government; and

(d) The use of funds allocated under this program shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this act shall return to the state all or a portion of the funds received.

(11) The department shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report. The reports shall contain the applications received, the amount of grant funds awarded to each applicant, the amount of grant funds expended by each applicant, and the status of each applicant's project.

(12) Grant funds shall be available under this act through December 31, 2026. Each grant recipient shall certify for any project that a grant is awarded that in the event 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 any other funds available.

(13) The Mississippi Finance and Administration may retain an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) of the total funds allocated to the program to defray administrative costs.

(14) This section shall stand repealed on July 1, 2026.

SECTION 2. Section 27-104-3, Mississippi Code of 1972, is amended as follows:

27-104-3. In addition to other powers and duties prescribed by statute, the Department of Finance and Administration shall have the following powers and duties, with regard to fiscal management:

(a) Provide direct technical assistance and training to state agencies and departments in implementing generally accepted accounting principles, in preparing financial statements as required by law, and in management and executive development.

(b) Provide temporary administrative services in financial accounting and public administration to any state agency, department or institution upon request of the governing board of the state agency, department or institution.

(c) Prepare and issue a comprehensive reference manual or manuals of policies and procedures for each state agency and department to use, which may include chapters on purchasing, personnel, payroll, travel, chart of accounts, fund classifications, receipts, warrants, expenditures, fixed assets, property inventory, and maintaining financial records and preparing financial reports as required and prescribed by law. The manual shall be revised on a continuing basis. The manual shall be prepared and revised in consultation with the State Auditor's office.

(d) Provide assistance to any state agency, department or institution in collecting a fee or other valid obligation that another agency, department or institution has failed to pay to it. For purposes of this paragraph, the agency, department or institution seeking to collect the funds shall be referred to as the "creditor agency," and the agency, department or institution that has not paid the creditor agency shall be referred to as the "delinquent agency." A valid obligation may be evidenced by an invoice or any other documentation as may be required by the Department of Finance and Administration, hereinafter referred to as the department. A creditor agency may request assistance from the department, and the department may require the creditor agency to furnish detailed information regarding the obligation. Upon determining that the delinquent agency owes the creditor agency a specific amount, the State Fiscal Officer shall pay to the creditor agency that amount out of any funds in the State Treasury to the credit of the delinquent agency. The State Fiscal Officer shall notify the creditor agency and the delinquent agency of the total amount of funds transferred. Either agency may appeal the transfer of funds or the failure to transfer funds, under rules and regulations promulgated by the department and approved by the Office of the State Auditor. The Department of Finance and Administration shall report any actions taken under this paragraph (d) to the Chairmen of the Appropriations Committees of the House of Representatives and the Senate on a quarterly basis.

(e) To issue a request for an ACA-compliant health insurance policy, or policies, to offer health insurance coverage to the full-time equivalent employees not otherwise eligible to participate in the State and School Employees' Health Insurance Plan; and to issue a request for administrative support in order to meet reporting requirements under Internal Revenue Code Section 6056 and to comply with the Patient Protection and Affordable Care Act of 2010.

(f) The Department of Finance and Administration shall have as additional responsibilities, the administration of the Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Act of 2022 and shall promulgate necessary rules and regulations relating to the application of eligible colleges and universities for grant funds and the awarding of such grants.

SECTION 3. This act shall take effect and be in force from and after its passage.