ARPA programs and funds; direct transfer of certain available and unexpended funds on September 30, 2026.

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To: Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Read

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1571

AN ACT TO BRING FORWARD SECTION 1, CHAPTER 489, LAWS OF 2025, 1
WHICH SETS FORTH THE AGENCIES THAT ADMINISTER CERTAIN GRANT FUNDS 2
SUBJECT TO A REPORTING REQUIREMENT TO THE DEPARTMENT OF FINANCE 3
AND ADMINISTRATION, FOR POSSIBLE AMENDMENT; TO AMEND SECTION 2, 4
CHAPTER 489, LAWS OF 2025, TO ENUMERATE WHICH ENTITIES ARE 5
REQUIRED TO REPORT UNDER THIS SECTION; TO AMEND SECTION 4, CHAPTER 6
509, LAWS OF 2024, AS AMENDED BY SECTION 3, CHAPTER 489, LAWS OF 7
2025, TO DIRECT CERTAIN AGENCIES TO NOTIFY THE DEPARTMENT OF 8
FINANCE AND ADMINISTRATION IF A SUBGRANTEE HAS NOT MADE A 9
REIMBURSEMENT REQUEST IN TWO CONSECUTIVE REPORTING PERIODS; TO 10
AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER 11
CERTAIN AVAILABLE FUNDS TO THE ARPA-MDOT MAINTENANCE PROJECT FUND; 12
TO DIRECT THE STATE FISCAL OFFICER, ON OR AFTER SEPTEMBER 30, 13
2026, TO DETERMINE THE AMOUNT OF FUNDS THAT ARE AVAILABLE OR 14
UNEXPENDED UNDER CERTAIN PROGRAMS; TO DIRECT THE TRANSFER OF 15
AVAILABLE OR UNEXPENDED FUNDS TO CERTAIN FUNDS WITHIN THE STATE 16
TREASURY; TO AUTHORIZE THE STATE FISCAL OFFICER TO CLASSIFY AND 17
TRANSFER THE REMAINING BALANCE, IF ANY, OF THE CORONAVIRUS STATE 18
FISCAL RECOVERY FUND TO ASSIGN REMAINING FUNDS TO ELIGIBLE USES AT 19
THE DIRECTION OF THE GOVERNOR IN ORDER TO FULLY EXPEND ALL 20
CORONAVIRUS STATE FISCAL RECOVERY FUNDS BY DECEMBER 31, 2026; TO 21
REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO REPORT ON 22
CERTAIN TRANSFERS AND REMAINING FUNDS; TO PROVIDE THAT IN CARRYING 23
OUT CERTAIN RESPONSIBILITIES FOR ANY CONTRACT UNDER THE PURVIEW OF 24
THE PUBLIC PROCUREMENT REVIEW BOARD, THE DEPARTMENT OF FINANCE AND 25
ADMINISTRATION SHALL BE EXEMPT FROM ANY REQUIREMENT THAT THE 26
PUBLIC PROCUREMENT REVIEW BOARD APPROVE ANY PERSONAL OR 27
PROFESSIONAL SERVICES CONTRACTS OR PRE-APPROVE ANY SOLICITATION OF 28
SUCH CONTRACTS; TO CREATE NEW SECTION 65-1-141.4, MISSISSIPPI CODE 29
OF 1972, TO CREATE A SPECIAL FUND WITHIN THE STATE TREASURY TO BE 30
DESIGNATED AS THE ARPA-MDOT PROJECT LOST REVENUE FUND; TO CREATE A 31
SPECIAL FUND WITHIN THE STATE TREASURY TO BE DESIGNATED AS THE 32
ARPA-DFA-OFFICE OF INSURANCE LOST REVENUE FUND; TO AMEND SECTION 33
37-106-64, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS IN THE 34
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SKILLED NURSING HOME AND HOSPITAL NURSES RETENTION LOAN REPAYMENT 35
PROGRAM SHALL BE AVAILABLE UNTIL A CERTAIN DATE; TO AMEND SECTION 36
37-153-63, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS 37
PROVIDED BY THE AMERICAN RESCUE PLAN ACT (ARPA) WORKFORCE 38
DEVELOPMENT AND RETENTION ACT SHALL BE AVAILABLE UNTIL A CERTAIN 39
DATE; TO REQUIRE EACH GRANT RECIPIENT TO CERTIFY THAT IF THE 40
PROJECT IS NOT COMPLETED BY A CERTAIN DATE THAT THE GRANT 41
RECIPIENT WILL COMPLETE THE PROJECT THROUGH OTHER FUNDS; TO AMEND 42
SECTION 37-153-217, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 43
FUNDS PROVIDED BY THE AMERICAN RESCUE PLAN ACT (ARPA) NURSE/ALLIED 44
HEALTH WORKFORCE DEVELOPMENT AND RETENTION ACT SHALL BE AVAILABLE 45
UNTIL A CERTAIN DATE; TO REQUIRE EACH GRANT RECIPIENT TO CERTIFY 46
THAT IF THE PROJECT IS NOT COMPLETED BY A CERTAIN DATE THAT THE 47
GRANT RECIPIENT WILL COMPLETE THE PROJECT THROUGH OTHER FUNDS; TO 48
AMEND SECTION 37-185-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 49
FUNDS IN THE INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT PROGRAM 50
SHALL BE AVAILABLE UNTIL A CERTAIN DATE; TO REQUIRE EACH GRANT 51
RECIPIENT TO CERTIFY THAT IF THE PROJECT IS NOT COMPLETED BY A 52
CERTAIN DATE THAT THE GRANT RECIPIENT WILL COMPLETE THE PROJECT 53
THROUGH OTHER FUNDS; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; 54
TO AMEND SECTION 37-185-31, MISSISSIPPI CODE OF 1972, TO PROVIDE 55
THAT FUNDS IN THE MISSISSIPPI ASSOCIATION OF INDEPENDENT COLLEGES 56
AND UNIVERSITIES INFRASTRUCTURE GRANT PROGRAM SHALL BE AVAILABLE 57
UNTIL A CERTAIN DATE; TO REQUIRE EACH GRANT RECIPIENT TO CERTIFY 58
THAT IF THE PROJECT IS NOT COMPLETED BY A CERTAIN DATE THAT THE 59
GRANT RECIPIENT WILL COMPLETE THE PROJECT THROUGH OTHER FUNDS; TO 60
EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 61
41-3-16.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS IN THE 62
ARPA RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM SHALL 63
BE AVAILABLE UNTIL A CERTAIN DATE; TO REQUIRE EACH GRANT RECIPIENT 64
TO CERTIFY THAT IF THE PROJECT IS NOT COMPLETED BY A CERTAIN DATE 65
THAT THE GRANT RECIPIENT WILL COMPLETE THE PROJECT THROUGH OTHER 66
FUNDS; TO EXTEND THE DATE OF REPEAL ON A SUBSECTION WITHIN THIS 67
SECTION; TO AMEND SECTION 41-9-371, MISSISSIPPI CODE OF 1972, TO 68
PROVIDE THAT FUNDS IN THE MISSISSIPPI HOSPITAL SUSTAINABILITY 69
GRANT PROGRAM SHALL BE AVAILABLE UNTIL A CERTAIN DATE; TO AMEND 70
SECTION 41-139-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS 71
IN THE COVID-19 MISSISSIPPI LOCAL PROVIDER INNOVATION GRANT 72
PROGRAM SHALL BE AVAILABLE UNTIL A CERTAIN DATE; TO AMEND SECTION 73
41-14-31, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FUNDS IN THE 74
COVID-19 HOSPITAL EXPANDED CAPACITY PROGRAM SHALL BE AVAILABLE 75
UNTIL A CERTAIN DATE; TO EXTEND THE DATE OF REPEAL ON THIS 76
SECTION; TO AMEND SECTION 49-2-131, MISSISSIPPI CODE OF 1972, TO 77
PROVIDE THAT FUNDS IN THE MISSISSIPPI MUNICIPALITY AND COUNTY 78
WATER INFRASTRUCTURE GRANT PROGRAM SHALL BE AVAILABLE UNTIL A 79
CERTAIN DATE; TO REQUIRE EACH GRANT RECIPIENT TO CERTIFY THAT IF 80
THE PROJECT IS NOT COMPLETED BY A CERTAIN DATE THAT THE GRANT 81
RECIPIENT WILL COMPLETE THE PROJECT THROUGH OTHER FUNDS; TO EXTEND 82
THE DATE OF REPEAL ON A SUBSECTION WITHIN THIS SECTION; TO AMEND 83
SECTIONS 57-123-7 AND 57-123-53, MISSISSIPPI CODE OF 1972, TO 84
PROVIDE THAT CERTAIN FUNDS PROVIDED TO DESTINATION MARKETING 85
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ORGANIZATIONS SHALL BE AVAILABLE UNTIL A CERTAIN DATE; TO REQUIRE 86
EACH GRANT RECIPIENT TO CERTIFY THAT IF THE PROJECT IS NOT 87
COMPLETED BY A CERTAIN DATE THAT THE GRANT RECIPIENT WILL COMPLETE 88
THE PROJECT THROUGH OTHER FUNDS; AND FOR RELATED PURPOSES. 89
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 90
SECTION 1. Section 1, Chapter 489, Laws of 2025, is brought 91
forward as follows: 92
Section 1. (1) Each of the agencies that administer grant 93
funds under the programs listed in subsection (2) of this section 94
shall report to the Department of Finance and Administration by 95
October 1, 2025, the amount of funds that have been expensed, the 96
amounts remaining to be expended and/or the amounts remaining to 97
be requested for reimbursement by each subgrantee. Each of the 98
agencies shall notify all the subgrantees of this reporting 99
requirement, in a form provided by the Department of Finance and 100
Administration, within thirty (30) days of the effective date of 101
this act and shall provide a second notice on September 1, 2025. 102
On November 3, 2025, the Department of Finance and Administration 103
shall submit the combined reporting of all funds to the Lieutenant 104
Governor, Speaker of the House, House and Senate Appropriations 105
Chairmen, and the Legislative Budget Office. 106
(2) The programs to which the reporting requirements of 107
subsection (1) of this section apply are: 108
(a) The Skilled Nursing Home and Hospital Nurses 109
Retention Loan Repayment Program established under Section 110
37-106-64; 111
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(b) The Accelerate Mississippi Workforce Development 112
Program established under Section 37-153-57; 113
(c) The Mississippi Health Sciences Training 114
Infrastructure Grant Program established under Section 37-153-59; 115
(d) The Accelerate Mississippi Nursing/Allied Health 116
Grant Program, established under Section 37-153-205; 117
(e) The Accelerate Mississippi Physician Residency and 118
Fellowship Start-Up Grant Program established under Section 119
37-153-207; 120
(f) The Mississippi Allied Health College and Career 121
Navigator Grant Program established under Section 37-153-209; 122
(g) The Independent Schools Infrastructure Grant 123
Program established under Section 37-185-21; 124
(h) The Mississippi Association of Independent Colleges 125
and Universities Infrastructure Grant Program established under 126
Section 37-185-31; 127
(i) The ARPA Rural Water Associations Infrastructure 128
Grant Program established under Section 41-3-16.1; 129
(j) The Mississippi Hospital Sustainability Grant 130
Program Section established under 41-9-371; 131
(k) The COVID-19 Mississippi Local Provider Innovation 132
Grant Program established under Section 41-139-1; 133
(l) The COVID-19 Hospital Expanded Capacity Program 134
established under Section 41-14-31; 135
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(m) The Mississippi Municipality and County Water 136
Infrastructure Grant Program established under Section 49-2-131; 137
(n) The programs to support tourism activities, 138
destination marketing organizations, nonprofit museums and the 139
Mississippi Main Street Association established under Sections 140
57-123-1 through 57-123-11 and Sections 57-123-51 through 141
57-123-55; and 142
(o) The ARPA-MDOT Maintenance Project Fund established 143
under Section 65-1-141.3. 144
SECTION 2. Section 2, Chapter 489, Laws of 2025 is amended as 145
follows: 146
Section 2. Each agency to which funds were appropriated or 147
reappropriated by the Legislature from the Coronavirus State 148
Fiscal Recovery Fund or the Coronavirus State Fiscal Recovery Lost 149
Revenue Fund in any fiscal year shall report the amount and source 150
of those funds that have not been expended by November 1, 2025. 151
The entities subject to this reporting requirement shall include, 152
but not be limited to, the following: the Mississippi Office of 153
Workforce Development, the Mississippi Emergency Management 154
Agency, the Department of Environmental Quality, the Department of 155
Finance and Administration, the State Department of Health, the 156
Mississippi Department of Child Protection Services, the 157
University of Mississippi Medical Center, the Mississippi 158
Postsecondary Education Financial Assistance Board, the Department 159
of Mental Health, the Mississippi National Guard, the Department 160
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of Public Safety, the District Attorney's and staff, the Office of 161
State Public Defender, the Supreme Court – Administrative Office 162
of Courts, and the Mississippi Department of Transportation. This 163
report shall be filed by December 1, 2025, with the Department of 164
Finance and Administration, the Secretary of the Senate and the 165
Clerk of the House, and the Secretary of the Senate, and the Clerk 166
of the House shall distribute the report to the Lieutenant 167
Governor, the Speaker of the House, and the Senate and House 168
Appropriations Chairs. 169
SECTION 3. Section 4, Chapter 509, Laws of 2024, as amended 170
by Section 3, Chapter 489, Laws of 2025, is amended as follows: 171
Section 4. (1) (a) The Legislature, based upon current 172
United States Treasury guidance, has determined that all 173
Coronavirus State Fiscal Recovery Funds must be obligated by 174
December 31, 2024, and expended by December 31, 2026. 175
(b) For the purposes of this section and Chapter 489, 176
Laws of 2025, the term "expended" means that all invoices for 177
eligible services or commodities have been paid with warrants 178
issued by the State of Mississippi. 179
(2) (a) In order to meet the obligation deadline set forth 180
by the United States Treasury, the State Fiscal Officer shall 181
determine the amount of Coronavirus State Fiscal Recovery Funds 182
appropriated to various agencies that will not be obligated as of 183
October 1, 2024. 184
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(b) In making the determination required by this 185
section, the State Fiscal Officer shall use the guidance released 186
by the United States Treasury to determine if the Coronavirus 187
State Fiscal Recovery Funds are not obligated. 188
(3) If at any time during the period from passage of this 189
act to October 1, 2024, a state agency determines that Coronavirus 190
State Fiscal Recovery Funds will not be obligated by October 1, 191
2024, the state agency shall notify the State Fiscal Officer. 192
(4) If at any time the State Fiscal Officer determines that 193
funds will be unobligated as of October 1, 2024, under subsection 194
(2) or (3) of this section, the State Treasurer, in coordination 195
with the State Fiscal Officer, shall transfer these funds to the 196
Coronavirus State Fiscal Recovery Fund (Fund No. 682111300) by no 197
later than October 5, 2024. The State Fiscal Officer may retain 198
an amount not to exceed the lesser of the estimated cost of ARPA 199
administration or Twenty-five Million Dollars ($25,000,000.00) in 200
the Coronavirus State Fiscal Recovery Fund to be utilized for 201
administrative and reporting costs. No later than October 6, 202
2024, the State Treasurer, in conjunction with the State Fiscal 203
Officer, shall transfer the funds to the ARPA-MDOT Maintenance 204
Project Fund. 205
(5) If at any time the State Fiscal Officer determines that 206
funds are available after October 5, 2024, until September 30, 207
2026, the State Fiscal Officer, in conjunction with the State 208
Treasurer, shall transfer the available funds to the ARPA-MDOT 209
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Maintenance Project Fund. On or after September 30, 2026, any 210
funds that are determined to be available shall be subject to 211
subsection (8) of this section. 212
(6) (a) If the programs listed in Section 1(2) or the 213
entities listed in Section 2 of * * * Chapter 489, Laws of 2025, 214
have a reporting requirement and a subgrantee has not provided two 215
(2) consecutive monthly reports to the appropriate agency or 216
entity under Section 1 or 2 of * * * Chapter 489, Laws of 2025, as 217
required by that agency or entity, the funds associated with that 218
subgrantee shall be considered available and the appropriate 219
agency or entity under Section 1 or 2 of Chapter 489, Laws of 220
2025, shall notify the Department of Finance and Administration. 221
The State Treasurer, in conjunction with the Department of Finance 222
and Administration, is authorized to transfer available funds 223
associated with that subgrantee to the ARPA-MDOT Maintenance 224
Project Fund. On or after September 30, 2026, any funds held by a 225
subgrantee, agency, or entity that are not meeting the reporting 226
requirements in this subsection, or as otherwise provided by law, 227
shall be deemed available and shall be subject to subsection (8) 228
of this section. 229
(b) If a subgrantee fails to submit a monthly report to 230
the appropriate agency or entity under Section 1 or 2 of Chapter 231
489, Laws of 2025, the agency or entity shall notify the 232
subgrantee of such delinquency. The notice shall state that if 233
the delinquent report is not submitted on or before the due date 234
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of the next required monthly report, the subgrantee will have 235
failed to provide two (2) consecutive monthly reports, and the 236
funds associated with that subgrantee will be considered available 237
and will be transferred in accordance with paragraph (a) of this 238
subsection. 239
(7) (a) If the programs listed in Section 1(2) or the 240
entities listed in Section 2 of Chapter 489, Laws of 2025, have a 241
reporting requirement and a subgrantee has not made a 242
reimbursement request in two (2) consecutive monthly reporting 243
periods to the appropriate agency or entity under Section 1 or 2 244
of Chapter 489, Laws of 2025, as required by that agency or 245
entity, then the fund associated with that subgrantee shall be 246
considered available and the appropriate agency or entity under 247
Section 1 or 2 of Chapter 489, Laws of 2025, must notify the 248
Department of Finance and Administration. The State Treasurer, in 249
conjunction with the Department of Finance and Administration, is 250
authorized to transfer available or unexpended funds associated 251
with that subgrantee to the ARPA-MDOT Maintenance Project Fund. 252
On or after September 30, 2026, any funds held by a subgrantee, 253
agency, or entity that are not meeting the reimbursement 254
requirements in this subsection, or as otherwise provided by law, 255
shall be deemed available and shall be subject to subsection (8) 256
of this section. 257
(b) If a subgrantee fails to submit a reimbursement 258
request in two (2) consecutive monthly reporting periods to the 259
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appropriate agency or entity under Section 1 or 2 of Chapter 489, 260
Laws of 2025, the agency or entity shall notify the subgrantee of 261
such delinquency. The notice shall state that if a reimbursement 262
request is not submitted on or before the due date of the next 263
required monthly report, the subgrantee will have failed to make a 264
reimbursement request in two (2) consecutive months, and the funds 265
associated with that subgrantee will be considered available and 266
will be transferred in accordance with paragraph (a) of this 267
subsection. 268
(8) On or after September 30, 2026, the State Fiscal Officer 269
shall determine the amount of funds that are available or 270
unexpended under the programs in Section 1 of Chapter 489, Laws of 271
2025, or appropriated or reappropriated to the entities in Section 272
2 of Chapter 489, Laws of 2025, by the Legislature from the 273
Coronavirus State Fiscal Recovery Fund or the Coronavirus State 274
Fiscal Recovery Lost Revenue Fund. The State Treasurer, in 275
conjunction with the State Fiscal Officer, shall transfer these 276
funds to the Coronavirus State Fiscal Recovery Fund (Fund No. 277
682111300) by no later than October 15, 2026. The only 278
Coronavirus State Fiscal Recovery Funds that may be excluded from 279
this transfer are those held by the State Fiscal Officer for 280
administrative and reporting costs related to the administration 281
and implementation of the American Rescue Plan Act of 2021. 282
(9) Upon the completion of the transfers in subsection (8) 283
of this section, the State Treasurer, in conjunction with the 284
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State Fiscal Officer, shall transfer up to One Hundred Sixty-two 285
Million Nine Hundred Fifty-eight Thousand Twelve Dollars 286
($162,958,012.00) from the Coronavirus State Fiscal Recovery Fund 287
(Fund No. 682111300) to the Coronavirus State Fiscal Recovery Lost 288
Revenue Fund (Fund No. 3822113000) by no later than October 15, 289
2026. 290
(10) Upon the completion of the transfer in subsection (9) 291
of this act, the State Treasurer, in conjunction with the State 292
Fiscal Officer, shall transfer up to One Hundred Million Dollars 293
($100,000,000.00) from the Coronavirus State Fiscal Recovery Lost 294
Revenue Fund (Fund No. 3822113000) to the ARPA-MDOT Project Lost 295
Revenue Fund, created in Section 4 of this act, by no later than 296
October 15, 2026. 297
(11) Upon the completion of the transfer in subsection (10) 298
of this section, the State Treasurer, in conjunction with the 299
State Fiscal Officer, shall transfer up to Sixty-two Million Nine 300
Hundred Fifty-eight Thousand Twelve Dollars ($62,958,012.00) from 301
the Coronavirus State Fiscal Recovery Lost Revenue Fund (Fund No. 302
3822113000) to the ARPA-DFA-Office of Insurance Lost Revenue Fund, 303
created in Section 5 of this act, by no later than October 15, 304
2026. 305
(12) (a) Upon the completion of the transfer in subsection 306
(11) of this section, the State Fiscal Officer may classify and 307
transfer the remaining balance, if any, of the Coronavirus State 308
Fiscal Recovery Fund to assign remaining funds to eligible uses at 309
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the direction of the Governor in order to fully expend all 310
Coronavirus State Fiscal Recovery Funds by December 31, 2026. The 311
State Fiscal Officer shall notify the Lieutenant Governor, the 312
Speaker of the House, and the Director of the Legislative Budget 313
Office of any such classification, transfer, or any needs that may 314
arise with the requirement to fully expend all Coronavirus State 315
Fiscal Recovery Funds. 316
(b) The Department of Finance and Administration shall 317
report on the amount of the transfers from subsections (8) through 318
(12) of this section and the remaining amount of funds remaining 319
in the Coronavirus State Fiscal Recovery Fund to assign to 320
eligible uses in order to fully expend all Coronavirus State 321
Fiscal Recovery Funds by December 31, 2026. This report shall be 322
filed by October 30, 2026, with the Secretary of the Senate, the 323
Clerk of the House, and the executive director of the Legislative 324
Budget Office. The Secretary of the Senate and the Clerk of the 325
House shall distribute the report to the Lieutenant Governor, the 326
Speaker of the House and the Senate and House Appropriations 327
Chairs. 328
(13) In carrying out its responsibilities under subsection 329
(12) of this section, for any contract under the purview of the 330
Public Procurement Review Board, the Department of Finance and 331
Administration shall be exempt from any requirement that the 332
Public Procurement Review Board approve any personal or 333
professional services contracts or pre-approve any solicitation of 334
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such contracts. This subsection shall stand repealed on July 1, 335
2027. 336
SECTION 4. The following shall be codified as Section 337
65-1-141.4, Mississippi Code of 1972: 338
65-1-141.4. (1) There is created in the State Treasury a 339
special fund to be designated as the "ARPA-MDOT Project Lost 340
Revenue Fund," which shall consist of funds made available by the 341
Legislature in any manner and funds from any other source 342
designated for deposit into such fund. The fund shall be 343
maintained by the State Treasurer as a separate and special fund, 344
separate and apart from the General Fund of the state. Unexpended 345
amounts remaining in the fund at the end of a fiscal year shall 346
not lapse into the State General Fund, and any investment earnings 347
or interest earned on amounts in the fund shall be deposited to 348
the credit of the fund. Monies in the fund shall be used by the 349
Department of Transportation for eligible Surface Transportation 350
projects included in the Three-Year Plan as adopted by, amended 351
by, or reissued by the Mississippi Transportation Commission under 352
the authority of Section 65-1-141. The Department of 353
Transportation may escalate its budget upon receiving Coronavirus 354
State Fiscal Recovery Lost Revenue Funds and expend such funds in 355
accordance with rules and regulations of the Department of Finance 356
and Administration in a manner consistent with the escalation of 357
federal funds. 358
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SECTION 5. There is created in the State Treasury a special 359
fund to be designated as the "ARPA-DFA-Office of Insurance Lost 360
Revenue Fund," which shall consist of funds made available by the 361
Legislature in any manner and funds from any other source 362
designated for deposit into such fund. The fund shall be 363
maintained by the State Treasurer as a separate and special fund, 364
separate and apart from the General Fund of the state. Unexpended 365
amounts remaining in the fund at the end of a fiscal year shall 366
not lapse into the State General Fund, and any investment earnings 367
or interest earned on amounts in the fund shall be deposited to 368
the credit of the fund. Monies in the fund shall be used by the 369
Department of Finance and Administration for eligible expenses of 370
the State and School Employees' Life and Health Insurance Plan. 371
The Department of Finance and Administration may escalate its 372
budget upon receiving Coronavirus State Fiscal Recovery Lost 373
Revenue Funds and expend such funds in accordance with rules and 374
regulations of the Department of Finance and Administration in a 375
manner consistent with the escalation of federal funds. 376
SECTION 6. Section 37-106-64, Mississippi Code of 1972, is 377
amended as follows: 378
37-106-64. (1) There is established the "Skilled Nursing 379
Home and Hospital Nurses Retention Loan Repayment Program" for 380
nursing graduates to be administered by the Mississippi 381
Postsecondary Education Financial Assistance Board. 382
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(2) Subject to the availability of funds, an eligible 383
applicant for an initial award must have: 384
(a) Legal residency in the State of Mississippi; 385
(b) Gained employment as a full-time licensed practical 386
nurse or licensed registered nurse at a skilled nursing home in 387
the State of Mississippi or a general acute care hospital in the 388
State of Mississippi that is licensed by the Mississippi State 389
Department of Health; 390
(c) A current relevant Mississippi professional 391
license; and 392
(d) Outstanding qualifying educational loans, received 393
at any point during the recipients postsecondary education career, 394
which may include the principal, interest and related expenses 395
such as the required interest premium on the unpaid balances of 396
government and commercial loans obtained by the recipient for 397
educational expense. 398
(3) Persons who have received funds from state-forgivable 399
loan programs established under Mississippi law, or who are in 400
default or delinquent on any federal, state, local or commercial 401
qualifying educational loan, shall not be eligible for this 402
program. 403
(4) Recipients in the program shall be selected on a 404
first-come, first-served basis from all eligible applicants. The 405
Mississippi Postsecondary Education Financial Assistance Board 406
shall renew eligible applicants approved in prior years only if 407
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the renewal applicant continues to meet the standards set forth in 408
this section, and the renewal applicant has not received full 409
funding provided by this subsection (4). 410
(5) Awards for recipients who are employed at a skilled 411
nursing home or a licensed general acute care hospital in the 412
state may be a maximum of Six Thousand Dollars ($6,000.00) for 413
each year of employment up to three (3) years. 414
(6) A recipient shall not be penalized for ending employment 415
at a skilled nursing home or a licensed general acute care 416
hospital in the State of Mississippi if the recipient begins 417
working for another skilled nursing home or licensed general acute 418
care hospital in the State of Mississippi during the year on which 419
the award is based. 420
(7) Awards shall be granted on a year-to-year basis, and 421
recipients have no obligation to seek a subsequent award. 422
(8) Awards shall be paid annually, after the expiration of 423
the year of employment for which the award was granted, to the 424
recipient's lender or loan service provider, to be applied to the 425
outstanding balance. Monies paid by the recipient or on the 426
recipient's behalf toward qualifying educational loans before 427
payment of the award shall not be eligible for reimbursement 428
through the program. 429
(9) During the employment year for which the award is 430
granted, a recipient shall at all times keep the State Financial 431
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Aid Board informed of any changes to the recipient's current, 432
correct and complete employment information and status. 433
(10) Recipients, who fail to maintain a relevant Mississippi 434
professional license or fail to fulfill the year of employment on 435
which the award was based, forfeit any right to the award. 436
(11) The Mississippi Postsecondary Education Financial 437
Assistance Board, in collaboration with the State Board of Nursing 438
and any other applicable state agency as determined by the 439
Mississippi Postsecondary Education Financial Assistance Board, 440
shall attempt to track award recipients under this program through 441
their third employment year, unless the recipient leaves 442
employment at a skilled nursing home or a licensed general acute 443
care hospital in the state at an earlier date. Data collected 444
shall include each recipients' place of employment and any other 445
pertinent information necessary to determine the efficacy of the 446
program in retaining nurses in skilled nursing homes or licensed 447
general acute care hospitals in the State of Mississippi. 448
(12) The Mississippi Postsecondary Education Financial 449
Assistance Board shall promulgate regulations necessary for the 450
proper administration of this section, including setting a fiscal 451
year policy for the program and application dates and deadlines. 452
(13) Grant funds shall be available under this section 453
through September 30, 2026. 454
( * * *14) This section shall stand repealed on July 1, 455
2027. 456
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SECTION 7. Section 37-153-63, Mississippi Code of 1972, is 457
amended as follows: 458
37-153-63. Grant funds shall be available under this article 459
through * * * September 30, 2026 * * *. Each grant recipient 460
shall certify, for any project for which a grant is awarded, that 461
if the project is not completed by * * * September 30, 2026, and 462
the United States Congress does not enact an extension of the 463
deadline on the availability of ARPA funds, then the grant 464
recipient will complete the project through other funds. 465
SECTION 8. Section 37-153-217, Mississippi Code of 1972, is 466
amended as follows: 467
37-153-217. Grant funds shall be available under this 468
article through * * * September 30, 2026 * * *. Each grant 469
recipient shall certify, for any project for which a grant is 470
awarded, that if the project is not completed by * * * September 471
30, 2026, and the United States Congress does not enact an 472
extension of the deadline on the availability of ARPA funds, then 473
the grant recipient will complete the project through other funds. 474
SECTION 9. Section 37-185-21, Mississippi Code of 1972, is 475
amended as follows: 476
37-185-21. (1) This section shall be known and may be cited 477
as the "Independent Schools Infrastructure Grant Program Act of 478
2022." 479
(2) There is established the Independent Schools 480
Infrastructure Grant Program, to be administered by the Department 481
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of Finance and Administration. Under the program, eligible 482
independent schools may apply for reimbursable grants to make 483
necessary investments in water, wastewater, stormwater, broadband 484
and other eligible infrastructure projects to be funded by the 485
Legislature using Coronavirus State Fiscal Recovery Funds made 486
available under the federal American Rescue Plan Act (ARPA). The 487
program shall be funded from appropriations by the Legislature to 488
the department from the Coronavirus State Fiscal Recovery Fund. 489
(3) The use of grants shall be subject to audit by the 490
United States Department of the Treasury's Office of Inspector 491
General and the Mississippi Office of the State Auditor. An 492
eligible independent school found to be fully or partially 493
noncompliant with grant requirements shall return to the state all 494
or a portion of the grant monies received and used for unallowable 495
expenditures. Applicants shall confirm their understanding of 496
these terms. 497
(4) For purposes of this section, unless the context 498
requires otherwise, the following terms shall have the meanings as 499
defined in this subsection: 500
(a) "Program" means the Independent Schools 501
Infrastructure Grant Program established under this section. 502
(b) "ARPA" means the federal American Rescue Plan Act 503
of 2021, Public Law 117-2, which amends Title VI of the Social 504
Security Act. 505
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(c) "ARPA funds" means Coronavirus State Fiscal 506
Recovery Funds awarded through Section 602 of Title VI of the 507
Social Security Act amended by Section 9901 of the federal 508
American Rescue Plan Act of 2021, Public Law 117-2. 509
(d) "Department" means the Department of Finance and 510
Administration. 511
(e) "Eligible independent school" means any private or 512
nonpublic school operating within the State of Mississippi that: 513
(i) Is a member of the Midsouth Association of 514
Independent Schools (MAIS) and located in the State of 515
Mississippi; or 516
(ii) Is accredited by a state, regional or 517
national accrediting organization; and 518
(iii) Is not subject to the purview of authority 519
of the State Board of Education. 520
(5) On or before July 1, 2022, the department shall 521
promulgate rules and regulations necessary to administer the 522
program established under this section, including application 523
procedures and deadlines. 524
(6) Funds under the program shall be awarded for ARPA 525
eligible projects in the following order: 526
(a) Eligible water, wastewater and stormwater projects 527
under the Environmental Protection Agency's Clean Water State 528
Revolving Fund (CWSRF) or Drinking Water State Revolving Fund 529
(DWSRF) and other eligible water projects allowable by ARPA; 530
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(b) Broadband infrastructure projects; 531
(c) Capital investments for prevention, mitigation and 532
ventilation in congregate living facilities and other key 533
settings; and 534
(d) Any eligible project through ARPA guidelines, 535
guidance, rules, regulations and/or other criteria, as may be 536
amended from time to time, of the United States Department of the 537
Treasury, excluding premium pay for employees. 538
(7) The governing board of any eligible independent school 539
may submit an application for grant funds under this section. 540
Applicants shall certify to the department that each expenditure 541
of the funds awarded to them by the department under this section 542
is in compliance with the ARPA guidelines, guidance, rules, 543
regulations and/or other criteria, as may be amended from time to 544
time, by the United States Department of the Treasury regarding 545
the use of monies from the Coronavirus State Fiscal Recovery Fund. 546
Subsequent submissions will be due by the dates established by the 547
department. 548
(8) An application for a grant under this section shall be 549
submitted at such time, be in such form, and contain such 550
information as the department prescribes. Each application shall 551
include the following at a minimum: applicant contact 552
information; project description and type of project; project map; 553
estimate of the population served by the project; estimated 554
project cost; estimated project schedule; and readiness to 555
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proceed. The department is authorized to accept additional rounds 556
of grant proposals for application consideration as needed. 557
(9) Applications shall be reviewed, and the department shall 558
certify that each project submitted is eligible under ARPA and all 559
applicable guidance issued by the United States Department of the 560
Treasury. For water, wastewater and stormwater projects, the 561
department must also certify that it is a "necessary investment" 562
in water, wastewater or stormwater infrastructure as defined in 563
ARPA and all applicable guidance issued by the United States 564
Department of the Treasury. Grant agreements shall be executed 565
between the recipient and the department. All final awards shall 566
be determined at the discretion of the executive director of the 567
department. Funds shall be made available to a grantee upon the 568
execution of a grant agreement between the department and the 569
approved applicant, and the department obtains the necessary 570
support for reimbursement. 571
(10) Grant funds shall be used prospectively, and grants are 572
not available to cover the costs of debt incurred before July 1, 573
2022. 574
(11) The maximum amount of grant funds that may be awarded 575
to any eligible independent school under the program is One 576
Hundred Thousand Dollars ($100,000.00). 577
(12) The department shall submit to the Joint Legislative 578
Budget Committee by October 1 of each year an annual report about 579
the program. The reports shall contain the applications received, 580
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the amount of grant funds awarded to each applicant, the amount of 581
grant funds expended by each applicant, and the status of each 582
applicant's project. 583
(13) Grant funds received under this section must be 584
obligated no later than December 31, 2024, and must be expended no 585
later than * * * September 30, 2026. Each grant recipient shall 586
certify for any project for which a grant is awarded that if the 587
project is not completed by * * * September 30, 2026, and the 588
United States Congress does not enact an extension of the deadline 589
on the availability of ARPA funds, then the grant recipient will 590
complete the project using any other funds available. 591
(14) The department may retain an amount not to exceed Two 592
Hundred Thousand Dollars ($200,000.00) of the total funds 593
allocated to the program to defray its administrative costs. 594
(15) This section shall stand repealed on July 1, * * * 595
2027. 596
SECTION 10. Section 37-185-31, Mississippi Code of 1972, is 597
amended as follows: 598
37-185-31. (1) This section shall be known and may be cited 599
as the "Mississippi Association of Independent Colleges and 600
Universities (MAICU) Infrastructure Grant Program Act of 2022." 601
(2) There is hereby established within the Mississippi 602
Department of Finance and Administration, the Mississippi 603
Association of Independent Colleges and Universities (MAICU) 604
Infrastructure Grant Program under which independent colleges and 605
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universities may apply for reimbursable grants to make necessary 606
investments in water, wastewater, stormwater, broadband and other 607
eligible infrastructure projects to be funded by the Legislature 608
utilizing Coronavirus State Fiscal Recovery Funds made available 609
under the federal American Rescue Plan Act (ARPA). Such grants 610
shall be made available to the following institutions: Belhaven 611
University, Blue Mountain College, Millsaps College, Mississippi 612
College, Rust College, Tougaloo College and William Carey 613
University. Grant program funds shall be distributed to each 614
listed institution based on the pro rata share of full-time 615
equivalent students enrolled in the respective college or 616
university. For purposes of this distribution, a full-time 617
equivalent student shall be calculated as follows: 618
(a) One (1) full-time student shall be considered one 619
(1) full-time equivalent student; 620
(b) One (1) part-time student shall be considered 621
one-half (1/2) of a full-time equivalent student; and 622
(c) One (1) online student shall be considered 623
one-fourth (1/4) of a full-time equivalent student. 624
(3) For purposes of this section, unless the context 625
requires otherwise, the following terms shall have the meanings 626
ascribed herein: 627
(a) "MAICU Grant Program" shall mean the Mississippi 628
Association of Independent Colleges and Universities (MAICU) 629
Infrastructure Grant Program. 630
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(b) "ARPA" shall mean the federal American Rescue Plan 631
Act of 2021, Public Law 117-2, which amends Title VI of the Social 632
Security Act. 633
(c) "State Recovery Funds" shall mean Coronavirus State 634
Fiscal Recovery Funds awarded through Section 602 of Title VI of 635
the Social Security Act amended by Section 9901 of the federal 636
American Rescue Plan Act of 2021, Public Law 117-2. 637
(d) "Department" shall mean the Department of Finance 638
and Administration. 639
(4) On or before July 1, 2022, the Mississippi Department of 640
Finance and Administration shall promulgate rules and regulations 641
necessary to administer the MAICU Grant Program prescribed under 642
this section, including application procedures and deadlines. 643
(5) Funds under the MAICU Grant Program shall be awarded for 644
ARPA eligible projects in the following order: 645
(a) Eligible water, wastewater and stormwater projects 646
under the Environmental Protection Agency's Clean Water State 647
Revolving Fund (CWSRF) or Drinking Water State Revolving Fund 648
(DWSRF) and other eligible water projects allowable by ARPA; 649
(b) Broadband infrastructure projects; 650
(c) Capital investments for prevention, mitigation and 651
ventilation in congregate living facilities and other key 652
settings; and 653
(d) Any eligible project through ARPA guidelines, 654
guidance, rules, regulations and/or other criteria, as may be 655
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amended from time to time, of the United States Department of the 656
Treasury, excluding premium pay. 657
(6) The boards of trustees of the respective members of the 658
Mississippi Association of Independent Colleges and Universities 659
(MAICU) may submit an application for grant funds under this 660
section. Applicants shall certify to the Department of Finance 661
and Administration that each expenditure of the funds awarded to 662
them by the department under this section is in compliance with 663
the ARPA guidelines, guidance, rules, regulations and/or other 664
criteria, as may be amended from time to time, by the United 665
States Department of the Treasury regarding the use of monies from 666
the State Coronavirus State Fiscal Recovery Funds. Subsequent 667
submissions will be due by the dates established by the 668
department. 669
(7) An application for a grant under this section shall be 670
submitted at such time, be in such form, and contain such 671
information as the department prescribes. Each application shall 672
include the following at a minimum: applicant contact 673
information; project description and type of project; project map; 674
estimate of the population served by the projects; estimated 675
project cost; estimated project schedule; and readiness to 676
proceed. The Mississippi Department of Finance and Administration 677
is authorized to accept additional rounds of grant proposals for 678
application consideration as needed. 679
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(8) Applications shall be reviewed, and the Mississippi 680
Department of Finance and Administration shall certify that each 681
project submitted is eligible under the American Rescue Plan Act 682
and all applicable guidance issued by the United States Department 683
of the Treasury. For water, wastewater and stormwater projects, 684
the department must also certify that it is a "necessary 685
investment" in water, wastewater or stormwater infrastructure as 686
defined in the American Rescue Plan Act and all applicable 687
guidance issued by the United States Department of the Treasury. 688
Grant agreements shall be executed between the recipient and the 689
Mississippi Department of Finance and Administration. All final 690
awards will be determined at the discretion of the executive 691
director of the department. Funds shall be made available to a 692
grantee upon the execution of a grant agreement between the 693
department and the approved applicant, and the department obtains 694
the necessary support for reimbursement. 695
(9) Grant requirements shall be used prospectively, and 696
grants are not available to cover the costs of debt incurred prior 697
to the enactment of this program. 698
(10) (a) There is hereby created in the State Treasury a 699
special fund to be known as the "Mississippi Association of 700
Independent Colleges and Universities (MAICU) Grant Program Fund," 701
which shall consist of funds appropriated by the Legislature from 702
federal American Rescue Plan Act (ARPA) monies or other available 703
federal grant funds for the purposes of awarding grants under this 704
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section. Unexpended amounts remaining in the fund at the end of 705
the fiscal year shall not lapse into the Coronavirus State Fiscal 706
Recovery Fund or the State General Fund, and any interest earned 707
on amounts in the fund shall remain in the fund. The expenditure 708
of monies in the Mississippi Association of Independent Colleges 709
and Universities (MAICU) Grant Program Fund shall be under the 710
direction of the Mississippi Department of Finance and 711
Administration; 712
(b) All monies shall be disbursed from the fund created 713
in this subsection shall be in compliance with the guidelines, 714
guidance, rules, regulations or other criteria, as may be amended 715
from time to time, of the United States Department of the Treasury 716
regarding the use of monies received by or on behalf of the State 717
of Mississippi through the Coronavirus State Fiscal Recovery Fund 718
established by the American Rescue Plan Act of 2021 (Public Law 719
No. 117-2). Unexpended amounts remaining in the funds at the end 720
of a fiscal year shall not lapse into the Coronavirus State Fiscal 721
Recovery Fund or the State General Fund, and any investment 722
earnings or interest earned on amounts in the program fund shall 723
be deposited to the credit of COVID-19 Hospital Expanded Capacity 724
Program Fund; 725
(c) If there are unobligated Coronavirus State Fiscal 726
Recovery Fund monies remaining in the fund created in this 727
section, on the later of December 17, 2024, or fourteen (14) days 728
prior to the fund obligation deadline provided by the federal 729
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government, the Department of Finance and Administration shall 730
transfer these unobligated balances to the Coronavirus State 731
Fiscal Recovery Fund. The Department of Finance and 732
Administration shall then transfer the unobligated balance of 733
Coronavirus State Fiscal Recovery Funds from the Coronavirus State 734
Fiscal Recovery Fund to the State and School Employees' Life and 735
Health Insurance Fund for an amount not to exceed the lesser of 736
Ten Million Dollars ($10,000,000.00) or the amount of allowable 737
ARPA expenditures, by no later than December 31, 2024, or on the 738
date of the fund obligation deadline provided by the federal 739
government. The Department of Finance and Administration shall 740
then transfer all remaining unobligated balances of Coronavirus 741
State Fiscal Recovery Funds from the Coronavirus State Fiscal 742
Recovery Fund to the Unemployment Compensation Fund up to the ARPA 743
allowable amount, by no later than December 31, 2024, or on the 744
date of the fund obligation deadline provided by the federal 745
government; and 746
(d) The use of funds allocated under this program shall 747
be subject to audit by the United States Department of the 748
Treasury's Office of Inspector General and the Mississippi Office 749
of the State Auditor. Each person receiving funds under these 750
programs found to be fully or partially noncompliant with the 751
requirements in this section shall return to the state all or a 752
portion of the funds received. 753
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(11) The department shall submit to the Joint Legislative 754
Budget Committee by October 1 of each year an annual report. The 755
reports shall contain the applications received, the amount of 756
grant funds awarded to each applicant, the amount of grant funds 757
expended by each applicant, and the status of each applicant's 758
project. 759
(12) Grant funds shall be available under this section 760
through * * * September 30, 2026. Each grant recipient shall 761
certify for any project that a grant is awarded that in the event 762
the project is not completed by * * * September 30, 2026, and the 763
United States Congress does not enact an extension of the deadline 764
on the availability of ARPA Funds, then the grant recipient will 765
complete the project through any other funds available. 766
(13) The Mississippi Department of Finance and 767
Administration may retain an amount not to exceed Two Hundred 768
Thousand Dollars ($200,000.00) of the total funds allocated to the 769
program to defray administrative costs. 770
(14) This section shall stand repealed on July 1, * * * 771
2027. 772
SECTION 11. Section 41-3-16.1, Mississippi Code of 1972, is 773
amended as follows: 774
41-3-16.1. (1) (a) The State Department of Health 775
(department) shall establish a grant program to be known as the 776
ARPA Rural Water Associations Infrastructure Grant Program 777
(program) to assist rural water associations and entities in the 778
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construction of eligible drinking water infrastructure projects as 779
provided in the Final Rule for the Coronavirus State and Local 780
Fiscal Recovery Funds as established by the federal American 781
Rescue Plan Act (ARPA). 782
(b) Rural water associations and any entity that 783
received funding under the ARPA Rural Water Associations 784
Infrastructure Grant Program or the Mississippi Municipality and 785
County Water Infrastructure (MCWI) Grant Program before April 14, 786
2023, shall be ineligible for additional grants under this 787
section. 788
(2) The program shall be funded from appropriations by the 789
Legislature to the department from the Coronavirus State Fiscal 790
Recovery Fund, and the department shall expend all such funds for 791
the purposes provided in subsection (1) of this section. 792
(3) The department shall obligate the funds by the deadline 793
set by the rules and guidelines of the United States Department of 794
the Treasury and will adhere to the Treasury's rules and 795
guidelines for reporting and monitoring projects funded through 796
ARPA. 797
(4) (a) The department shall develop a system for use in 798
ranking the grant applications received. The ranking system shall 799
include the following factors, at a minimum: (a) the 800
environmental impact of the proposed project; (b) the proposed 801
project's ability to address noncompliance with state/federal 802
requirements; (c) the extent to which the project promotes 803
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economic development; (d) the number of people served by the 804
project (both new and existing users); (e) impacts of the proposed 805
project on disadvantaged/overburdened communities; (f) the grant 806
applicant's prior efforts to secure funding to address the 807
proposed project's objectives; (g) the grant applicant's proposed 808
contribution of other funds or in-kind cost-sharing to the 809
proposed project; (h) the grant applicant's long-term plans for 810
the financial and physical operation and maintenance of the 811
project; and (i) the grant applicant's capacity to initiate 812
construction in a timely manner and complete the proposed project 813
by the deadline specified by rules and guidelines of the United 814
States Department of the Treasury for ARPA funds. 815
(b) For the second round of grant awards, the 816
department shall apply a greater weight to grant applications that 817
promote consolidation of separate systems. In order to receive 818
the additional weight, the systems that will consolidate shall be 819
in a proximity of each other as determined by the department. 820
(c) In addition to the points awarded under paragraph 821
(b) of this subsection, an additional ten (10) points shall be 822
added to any application with at least one (1) system that has 823
consolidated after January 1, 2018, and before application to this 824
program and is otherwise eligible under this section. 825
(5) An application for a grant under this section shall be 826
submitted at such time, be in such form, and contain such 827
information as the department prescribes. 828
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(6) (a) Upon the approval of an application for a grant 829
under this section, the department shall enter into a project 830
grant agreement with each grantee to establish the terms of the 831
grant for the project, including the amount of the grant. 832
(b) (i) For the first award of grants, the maximum 833
amount of funds that may be provided to any rural water 834
association or entity from all grants under the program is Two 835
Million Five Hundred Thousand Dollars ($2,500,000.00). 836
(ii) For the second round of grant awards, the 837
maximum amount of funds that may be provided to any eligible 838
association or entity from all grants under the program is Two 839
Million Dollars ($2,000,000.00). 840
(c) Associations or entities that received funding 841
under the first round of grant awards for this program or received 842
funding in the Mississippi Municipality and County Water 843
Infrastructure Grant Program Act of 2022 are ineligible to receive 844
funding under the second round. 845
(7) With any funds appropriated to the department for the 846
program after April 1, 2024, the department shall distribute the 847
funds to projects from the second round of grant awards in the 848
order in which the applications were ranked for grants as long as 849
the department determines that the project can obligate the funds 850
by October 1, 2024, and expend the funds by * * * September 30, 851
2026. Where the department determines that a project cannot 852
obligate or expend the funds by the required dates, the department 853
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shall not fund the project, and it shall continue from the second 854
round of grant awards in the order in which the applications were 855
ranked for grants. 856
(8) The department shall have all powers necessary to 857
implement and administer the program. Of the funds appropriated 858
to the department for the program, not more than five percent (5%) 859
may be used by the department to cover the department's costs of 860
administering the program. 861
(9) In carrying out its responsibilities under the program, 862
for any contract under the purview of the Public Procurement 863
Review Board (PPRB), the department shall be exempt from any 864
requirement that the PPRB approve any personal or professional 865
services contracts or pre-approve any solicitation of such 866
contracts. This subsection shall stand repealed on July 1, * * * 867
2027. 868
(10) The department shall submit an annual report regarding 869
the program no later than December 31 of each year to the 870
Lieutenant Governor, the Speaker of the House, and the Chairmen of 871
the Senate and House Appropriations Committees. 872
(11) For the purposes of this section, "entity" means: 873
(a) Any entity operating as a rural water association, 874
regardless of whether such entities were user created, were 875
initially organized not for profit, or have been granted 876
tax-exempt status under state or federal law. 877
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(b) Any nonprofit water or sewer provider not owned by 878
the municipality or county and are not a Rural Water Association. 879
(c) Any entity eligible under this program shall be 880
currently operating as a not-for-profit entity. 881
(d) "Entity" under this subsection does not include any 882
state agency. No state agency shall be eligible under this 883
program. 884
SECTION 12. Section 41-9-371, Mississippi Code of 1972, is 885
amended as follows: 886
41-9-371. (1) There is established the Mississippi Hospital 887
Sustainability Grant Program which shall be administered by the 888
State Department of Health. 889
(2) In order to strengthen, improve and preserve access to 890
Mississippi hospital care services for all Mississippians and in 891
recognition of the challenges incurred by Mississippi hospitals as 892
a result of the COVID-19 pandemic, funds from the program shall be 893
distributed, upon appropriation by the Legislature, to each 894
hospital licensed by the State of Mississippi, except for 895
hospitals operated by the United States Department of Veterans 896
Affairs and hospitals operated by the State Department of Mental 897
Health. Licensed specialty hospitals that are recognized as such 898
by the State Department of Health, except for those excluded under 899
this subsection, are eligible for grants under the program. 900
(3) The department shall distribute grants to each eligible 901
hospital based upon the following formula: 902
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(a) Each hospital that has fewer than one hundred (100) 903
licensed beds and that is not classified as a critical access 904
hospital that operates an emergency department shall be eligible 905
to receive Six Hundred Twenty-five Thousand Dollars ($625,000.00) 906
to defray the costs of providing emergency department services. 907
(b) Each rural hospital that has fewer than one hundred 908
(100) licensed beds and that is classified as a critical access 909
hospital that operates an emergency department shall be eligible 910
to receive Five Hundred Thousand Dollars ($500,000.00) to defray 911
the costs of providing emergency department services. 912
(c) Each hospital that operates an emergency department 913
and that has more than one hundred (100) licensed beds shall be 914
eligible to receive One Million Dollars ($1,000,000.00). 915
(d) Each hospital with fewer than two hundred (200) 916
licensed beds with the majority of such beds being dedicated to 917
providing specialty services such as women's health services, 918
long-term acute care, rehabilitation or psychiatric services shall 919
be eligible to receive Five Hundred Thousand Dollars 920
($500,000.00). 921
(e) Each rural hospital with fewer than one hundred 922
(100) licensed beds with no emergency department shall be eligible 923
to receive Three Hundred Thousand Dollars ($300,000.00) to defray 924
the costs of providing access to hospital care in rural 925
communities. 926
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(f) In addition to the funds provided in paragraphs (a) 927
through (e) of this subsection, each small rural hospital with 928
fifty (50) beds or less which operated an emergency department 929
shall be eligible to receive Two Hundred Fifty Thousand Dollars 930
($250,000.00) to defray the costs of providing access to hospital 931
care in rural communities. 932
(g) In addition to the funds distributed in paragraphs 933
(a) through (c) and (e) through (f) of this subsection, any 934
remaining funds appropriated for the purposes of this grant 935
program shall be distributed to hospitals receiving funds in 936
paragraphs (a) through (c) and (e) through (f) of this subsection 937
on a pro rata amount by dividing the total amount of the remaining 938
funds by the number of licensed beds attributable to all licensed 939
Mississippi hospitals except for licensed beds attributable to 940
hospitals described in paragraph (d) of this subsection and for 941
licensed beds attributable to hospitals operated by the United 942
States Department of Veterans Affairs and hospitals operated by 943
the State Department of Mental Health and determining a dollar 944
amount for each bed, and then multiplying that dollar amount by 945
the number of licensed beds of that hospital. 946
(4) The department shall adopt such reasonable rules as 947
necessary for the administration of the program, but shall not 948
place additional qualification requirements on hospitals other 949
than the minimum requirements in this section. 950
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(5) The Mississippi Hospital Association shall form a work 951
group to review the delivery of hospital services in Mississippi 952
and shall make recommendations regarding the changes needed to 953
sustain access to hospital care to the Lieutenant Governor, 954
Speaker of the House, Chairmen of the House and Senate Public 955
Health Committees with copies to the Governor and the State Health 956
Officer. 957
(6) Grant funds shall be available under this section 958
through September 30, 2026. 959
SECTION 13. Section 41-139-1, Mississippi Code of 1972, is 960
amended as follows: 961
41-139-1. (1) As used in this section, the following terms 962
shall be defined as provided in this subsection: 963
(a) "Local health care provider" or "provider" means a 964
facility that is licensed, certified or otherwise authorized or 965
permitted by law to provide health care in the ordinary course of 966
business in the State of Mississippi, including, but not limited 967
to, skilled nursing facilities, direct primary care clinics, 968
provider owned clinics, rural health clinics, academic medical 969
centers, community health centers and/or independent physician 970
practices. 971
(b) "Transitional assistance" means any assistance 972
related to changing a provider's current health care delivery 973
model to a model more appropriate for the community that the 974
provider serves, including, but not limited to: 975
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(i) Conducting a market study of health care 976
services needed and provided in the community; 977
(ii) Acquiring and implementing new technological 978
tools and infrastructure, including, but not limited to, 979
telemedicine delivery methods, development of health information 980
exchange platforms to electronically share medical records, 981
electronic health record optimization, purchasing connected 982
devices, upgrading digital devices, improving broadband 983
connectivity, public health reporting, and implementing online or 984
mobile patient appointment management applications; and 985
(iii) Supporting the implementation of population 986
health management. 987
(2) There is established the COVID-19 Mississippi Local 988
Provider Innovation Grant Program to be administered by the State 989
Department of Health. The program and any grant awarded under the 990
program shall be for the purpose of strengthening and improving 991
the health care system and increasing access to health care 992
services providers to help communities achieve and maintain 993
optimal health by providing transitional assistance to providers. 994
The department may award an innovation grant to a local health 995
care provider that applies in accordance with this section. 996
(3) Eligible local health care providers shall provide the 997
following information to the department in their application for a 998
grant: 999
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(a) A description of the location or locations for 1000
which the grant monies will be expended, including the name and 1001
locations of where the provider administers health care services; 1002
(b) A statement of the amount of grant monies 1003
requested; 1004
(c) A description of the needs of the provider, the 1005
transitional assistance for which the grant monies will be 1006
expended and how such transitional assistance will meet the stated 1007
needs; 1008
(d) Evidence that the provider has played an active 1009
role in the community to combat the spread of COVID-19, including, 1010
but not limited to, testing, vaccination and antibody treatment; 1011
and 1012
(e) Any other information that the department deems 1013
necessary to administer this section. 1014
(4) Applicants are limited to one (1) application per 1015
business entity as determined by the applicant's business filing 1016
status with the Secretary of State. Subsidiaries of the entity 1017
are not eligible to submit separate applications. Health systems 1018
that affiliate, own or control multiple clinics are only eligible 1019
to submit one (1) application under the parent entity. The 1020
department shall determine the amount of the grant to be awarded 1021
to each applicant based on the factors detailed in the 1022
application. Applicants for grants that were approved and funded 1023
in the first round of grants awarded during fiscal year 2023 are 1024
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eligible to apply for the second round of grants awarded during 1025
fiscal year 2024. The maximum amount of any one (1) grant that 1026
may be awarded to an applicant is Two Hundred Fifty Thousand 1027
Dollars ($250,000.00). Grants may be used for reimbursement of 1028
expenses of transitional assistance meeting federal and state 1029
requirements that were incurred by providers during the period 1030
beginning on March 3, 2021, through December 31, 2024. 1031
(5) The department may expend up to one and one-half percent 1032
(1-1/2%) of the amount appropriated for the program for the 1033
expenses of administering the program, or the specific amount 1034
authorized for administrative expenses in the appropriation bill 1035
if that amount is higher. 1036
(6) Grant funds shall be available under this section 1037
through September 30, 2026. 1038
SECTION 14. Section 41-14-31, Mississippi Code of 1972, is 1039
amended as follows: 1040
41-14-31. (1) The Mississippi Department of Health shall 1041
establish and administer the COVID-19 Hospital Expanded Capacity 1042
Program for the purpose of providing funds to hospitals that 1043
increased treatment capacity related to the COVID-19 pandemic. 1044
The program shall make grants to hospitals as a reimbursement for 1045
expenses incurred during the period beginning on March 3, 2021, 1046
through December 31, 2024, in the following manner: 1047
(a) Funds shall first be expended for the reimbursement 1048
to hospitals for the creation of ICU beds at a maximum amount of 1049
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Two Hundred Thousand Dollars ($200,000.00) per bed. If the 1050
reimbursement for allowable expenditures submitted by all 1051
hospitals exceeds the amount of funds appropriated to this 1052
program, then the Department of Health shall allocate the 1053
reimbursement to each hospital per ICU bed created. 1054
(b) After such reimbursement is made in paragraph (a) 1055
of this subsection, any remaining funds shall be used to reimburse 1056
hospitals for the creation of negative pressure beds at a maximum 1057
amount of Fifty Thousand Dollars ($50,000.00) per bed. If the 1058
reimbursement for allowable expenditures submitted by all 1059
hospitals exceeds the amount of funds appropriated to this 1060
program, then the Department of Health shall allocate the 1061
reimbursement to each hospital per negative pressure bed created. 1062
(2) The Department of Health shall: 1063
(a) Promulgate rules and regulations necessary to 1064
implement the purposes of this act. 1065
(b) Require all applications for grants to be filed no 1066
later than December 31, 2023. 1067
(c) Require recipients of funds under this program to 1068
certify that the reimbursement for the creation of the intensive 1069
care units or negative pressure room is for allowable expenditures 1070
under the American Rescue Plan Act (ARPA) of 2021, Public Law 1071
117-2, which amends Title VI of the Social Security Act; and its 1072
implementing guidelines, guidance, rules, regulations and/or other 1073
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criteria, as may be amended or supplemented from time to time, by 1074
the United States Department of the Treasury. 1075
(d) Certify to the Department of Finance and 1076
Administration that each expenditure of the funds appropriated to 1077
the office under this act is in compliance with the guidelines, 1078
guidance, rules, regulations and/or other criteria, as may be 1079
amended from time to time, of the United States Department of the 1080
Treasury regarding the use of monies from the Coronavirus State 1081
Fiscal Recovery Fund in Section 9901 of ARPA. 1082
(3) The department shall not: 1083
(a) Reimburse hospitals for funds expended by the 1084
"Mississippi ICU Infrastructure Act," Sections 41-14-1 through 1085
41-14-11. 1086
(b) Reimburse hospitals for professional fees expended 1087
in the creation of the beds. 1088
(4) The Department of Health may retain up to One Hundred 1089
Fifty Thousand Dollars ($150,000.00) of the funds appropriated to 1090
the program established in this act to pay reasonable expenses 1091
incurred in the administration of the program. 1092
(5) The department shall operate and administer the grant 1093
program from funds appropriated by the Legislature from the 1094
Coronavirus State Fiscal Recovery Funds. 1095
(6) The Department of Health shall submit to the Joint 1096
Legislative Budget Committee before October 1 of each year an 1097
annual report containing, at a minimum, the number of submitted 1098
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applications, the amount of grant funds awarded to each hospital 1099
for both ICU beds and negative pressure beds, and the number of 1100
ICU beds and negative pressure beds that were provided a 1101
reimbursement. 1102
(7) Grant funds shall be available under this section 1103
through September 30, 2026. 1104
( * * *8) This act shall stand repealed on July 1, * * * 1105
2027. 1106
SECTION 15. Section 49-2-131, Mississippi Code of 1972, is 1107
amended as follows: 1108
49-2-131. (1) This section shall be known and may be cited 1109
as the "Mississippi Municipality and County Water Infrastructure 1110
Grant Program Act of 2022." 1111
(2) There is hereby established within the Mississippi 1112
Department of Environmental Quality the Mississippi Municipality 1113
and County Water Infrastructure (MCWI) Grant Program under which 1114
municipalities, counties and certain public utilities not 1115
regulated by the Public Service Commission may apply until 1116
February 1, 2023, for reimbursable grants to make necessary 1117
investments in water, wastewater, and stormwater infrastructure to 1118
be funded by the Legislature utilizing Coronavirus State Fiscal 1119
Recovery Funds made available under the federal American Rescue 1120
Plan Act of 2021 (ARPA). Such grants shall be made available to 1121
municipalities and counties to be matched with the Coronavirus 1122
Local Fiscal Recovery Funds awarded or to be awarded to them under 1123
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ARPA on a one-to-one matching basis. Coronavirus Local Fiscal 1124
Recovery Funds that a county transfers to a municipality or that a 1125
county or municipality transfers to a public utility not regulated 1126
by the Public Service Commission are eligible on a one-to-one 1127
matching basis. Municipalities that received less than One 1128
Million Dollars ($1,000,000.00) in the total allocation of 1129
Coronavirus Local Fiscal Recovery Funds are eligible for a 1130
two-to-one match only on the Coronavirus Local Fiscal Recovery 1131
Funds awarded or to be awarded to them under ARPA. The 1132
Mississippi Department of Environmental Quality shall only accept 1133
two (2) rounds of submissions under the Mississippi Municipality 1134
and County Water Infrastructure (MCWI) Grant Program. The second 1135
round of submissions shall be the final round. The dollar amount 1136
for professional fees that can be allocated as a part of a 1137
county's, municipality's or public utility's matching share is not 1138
to exceed four percent (4%) of the total project cost. 1139
(3) For purposes of this section, unless the context 1140
requires otherwise, the following terms shall have the meanings 1141
ascribed herein: 1142
(a) "MCWI Grant Program" means the Mississippi 1143
Municipality and County Water Infrastructure Grant Program. 1144
(b) "ARPA" means the federal American Rescue Plan Act 1145
of 2021, Public Law 117-2, which amends Title VI of the Social 1146
Security Act. 1147
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(c) "State Recovery Funds" means Coronavirus State 1148
Fiscal Recovery Funds awarded through Section 602 of Title VI of 1149
the Social Security Act amended by Section 9901 of the federal 1150
American Rescue Plan Act of 2021, Public Law 117-2. 1151
(d) "Local Recovery Funds" means Coronavirus Local 1152
Fiscal Recovery Funds awarded through Section 603 of Title VI of 1153
the Social Security Act amended by Section 9901 of the federal 1154
American Rescue Plan Act of 2021, Public Law 117-2. 1155
(e) "Department" means the Department of Environmental 1156
Quality. 1157
(f) "Professional fees" means fees for the services of 1158
attorneys and engineering, surveying, and environmental studies. 1159
(g) "Project" means the infrastructure improvements 1160
defined in an application that (i) complies with all requirements 1161
of ARPA, and (ii) is eligible for a grant award under this 1162
section. 1163
(4) (a) On or before July 1, 2022, the Department of 1164
Environmental Quality shall promulgate rules and regulations 1165
necessary to administer the MCWI Grant Program prescribed under 1166
this section, including application procedures and deadlines. The 1167
department is exempt from compliance with the Mississippi 1168
Administrative Procedures Law in fulfilling the requirements of 1169
this section. 1170
(b) The Department of Health shall advise the 1171
Mississippi Department of Environmental Quality regarding all such 1172
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rules and regulations as related to the federal Safe Drinking 1173
Water Act. 1174
(5) Funding under the MCWI Grant Program shall be allocated 1175
to projects certified by the Mississippi Department of 1176
Environmental Quality as eligible for federal funding, including, 1177
but not be limited to, the following: 1178
(a) Construction of publicly owned treatment works; 1179
(b) Projects pursuant to the implementation of a 1180
nonpoint source pollution management program established under the 1181
Clean Water Act (CWA); 1182
(c) Decentralized wastewater treatment systems that 1183
treat municipal wastewater or domestic sewage; 1184
(d) Management and treatment of stormwater or 1185
subsurface drainage water; 1186
(e) Water conservation, efficiency, or reuse measures; 1187
(f) Development and implementation of a conservation 1188
and management plan under the CWA; 1189
(g) Watershed projects meeting the criteria set forth 1190
in the CWA; 1191
(h) Energy consumption reduction for publicly owned 1192
treatment works; 1193
(i) Reuse or recycling of wastewater, stormwater, or 1194
subsurface drainage water; 1195
(j) Facilities to improve drinking water quality; 1196
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(k) Transmission and distribution, including 1197
improvements of water pressure or prevention of contamination in 1198
infrastructure and lead service line replacements; 1199
(l) New sources to replace contaminated drinking water 1200
or increase drought resilience, including aquifer storage and 1201
recovery system for water storage; 1202
(m) Storage of drinking water, such as to prevent 1203
contaminants or equalize water demands; 1204
(n) Purchase of water systems and interconnection of 1205
systems; 1206
(o) New community water systems; 1207
(p) Culvert repair, resizing, and removal, replacement 1208
of storm sewers, and additional types of stormwater 1209
infrastructure; 1210
(q) Dam and reservoir rehabilitation, if the primary 1211
purpose of dam or reservoir is for drinking water supply and 1212
project is necessary for the provision of drinking water; 1213
(r) Broad set of lead remediation projects eligible 1214
under EPA grant programs authorized by the Water Infrastructure 1215
Improvements for the Nation (WIIN) Act; and 1216
(s) Any eligible drinking water, wastewater or 1217
stormwater project through ARPA guidelines, guidance, rules, 1218
regulations and other criteria, as may be amended from time to 1219
time, by the United States Department of the Treasury. 1220
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(6) The governing authority of a municipality, county or 1221
public utility that is not regulated by the Public Service 1222
Commission may submit an application for grant funds under this 1223
section if the applicant is an operator-member of Mississippi 811, 1224
Inc., as defined in Section 77-13-3. Applicants shall certify to 1225
the department that each expenditure of the funds awarded to them 1226
under this section is in compliance with ARPA guidelines, 1227
guidance, rules, regulations and other criteria, as may be amended 1228
from time to time, by the United States Department of the Treasury 1229
regarding the use of monies from the State Coronavirus State 1230
Fiscal Recovery Funds. Subsequent submissions will be due by the 1231
dates established by the department. 1232
(7) An application for a grant under this section shall be 1233
submitted at such time, be in such form, and contain such 1234
information as the department prescribes. Each application for 1235
grant funds shall include the following at a minimum: (a) 1236
applicant contact information; (b) project description and type of 1237
project; (c) project map; (d) estimate of population affected by 1238
the project; (e) disadvantaged community criteria (population, 1239
median household income, unemployment, current water/sewer rates); 1240
(f) estimated project cost; (g) list of match funds of direct 1241
Coronavirus Local Fiscal Recovery Funds received and to be 1242
received from the federal government, a certification that such 1243
funds have been or will be used for the project detailed in the 1244
application, and documentation of commitment; (h) estimated 1245
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project schedule and readiness to proceed; (i) engineering 1246
services agreement; (j) engineering reports; and (k) information 1247
about status of obtaining any required permits. 1248
(8) The department must apply a system for use in ranking 1249
the grant applications received, unless the Legislature funds all 1250
eligible grant requests under the program. When applying the 1251
ranking system, the department shall apply a greater weight to 1252
projects that have approved engineering/design, plans and permits 1253
if the department has deemed the project is ready to begin 1254
construction within six (6) months. Projects that are included on 1255
the municipal or county engineer's approved list and provide 1256
applicable supporting documentation shall receive additional 1257
consideration awarded to the application. The ranking system 1258
shall include the following factors, at a minimum: (a) the 1259
environmental impact of the proposed project; (b) the proposed 1260
project's ability to address noncompliance with state/federal 1261
requirements; (c) the extent to which the project promotes 1262
economic development; (d) the number of people served by the 1263
project and the number of communities the project serves; (e) 1264
impacts of the proposed project on disadvantaged/overburdened 1265
communities; (f) the grant applicant's prior efforts to secure 1266
funding to address the proposed project's objectives; (g) the 1267
grant applicant's proposed contribution of other funds or in-kind 1268
cost-sharing to the proposed project; (h) the grant applicant's 1269
long-term plans for the financial and physical operation and 1270
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maintenance of the project; (i) the grant applicant's capacity to 1271
initiate construction in a timely manner and complete the proposed 1272
project by the deadline specified by the United States Department 1273
of Treasury rules for ARPA funds; (j) the extent to which the 1274
project benefits multiple political subdivisions in a regional 1275
manner; (k) the project's ability to enhance public service 1276
infrastructure, including transportation and emergency access; and 1277
(l) any other factors as determined by the department. 1278
(9) The grant program shall include a specific emphasis on 1279
addressing the needs of an economically disadvantaged community, 1280
including providing safe, reliable drinking water in areas that 1281
lack infrastructure, providing sewage treatment capacity in 1282
unsewered areas and providing regional development of 1283
infrastructure to serve multiple communities. 1284
(10) Applications shall be reviewed and scored as they are 1285
received, unless the Legislature funds all eligible grant requests 1286
under the program. The Mississippi Department of Environmental 1287
Quality shall certify whether each project submitted is a 1288
"necessary investment" in water, wastewater, or stormwater 1289
infrastructure as defined in the American Rescue Plan Act and all 1290
applicable guidance issued by the United States Department of the 1291
Treasury. The Department of Environmental Quality shall review 1292
the lists of recommended water infrastructure projects and issue 1293
its list of recommended projects to the Mississippi Department of 1294
Health for its advice. Grant agreements shall be executed between 1295
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the recipient and the Mississippi Department of Environmental 1296
Quality. All final awards shall be determined at the discretion 1297
of the executive director of the department. Any funds awarded to 1298
the City of Jackson under this section shall be deposited in the 1299
Capital City Water/Sewer Projects Fund of the State Treasury. 1300
Funds shall be obligated to a grantee upon the execution of a 1301
grant agreement between the department and the approved applicant. 1302
Funds shall be made available to a grantee when the department 1303
obtains the necessary support for reimbursement. The department 1304
is authorized to conduct additional rounds of grants as needed; 1305
however, in the first round no more than forty percent (40%) of 1306
the total funds appropriated for each grant program may be awarded 1307
by the department, and the remaining funds may be awarded in the 1308
final round which shall occur no later than six (6) months from 1309
the previous round. To ensure equitable treatment between the 1310
categories of projects, no less than twenty percent (20%) awarded 1311
under this section shall be allocated to each of the three (3) 1312
categories of drinking water projects, wastewater projects and 1313
stormwater projects. In the final round, any funds not requested 1314
may be allocated to any category. 1315
(11) Grant funds shall be used prospectively; however, grant 1316
funds may be used to reimburse expenses incurred before the 1317
enactment of this program if the costs are adequately documented 1318
and comply with applicable ARPA guidelines. An applicant must 1319
agree to obtain all necessary state and federal permits and follow 1320
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all state bidding and contracting laws and fiscally sound 1321
practices in the administration of the funds. 1322
(12) (a) Monies must be disbursed under this section in 1323
compliance with the guidelines, guidance, rules, regulations or 1324
other criteria, as may be amended from time to time, of the United 1325
States Department of the Treasury regarding the use of monies from 1326
the Coronavirus State Fiscal Recovery Fund, established by the 1327
American Rescue Plan of 2021. 1328
(b) The use of funds allocated under this program shall 1329
be subject to audit by the United States Department of the 1330
Treasury's Office of Inspector General and the Mississippi Office 1331
of the State Auditor. Each person receiving funds under these 1332
programs found to be fully or partially noncompliant with the 1333
requirements in this section shall return to the state all or a 1334
portion of the funds received. 1335
(13) The department shall submit to the Lieutenant Governor, 1336
Speaker of the House, House and Senate Appropriations Chairmen, 1337
and the Legislative Budget Office quarterly reports and annual 1338
reports that are due by the dates established in the Compliance 1339
and Reporting Guidance by the United States Department of 1340
Treasury. The reports shall contain the applications received, 1341
the score of the applications, the amount of grant funds awarded 1342
to each applicant, the amount of grant funds expended by each 1343
applicant, and status of each applicant's project. The score of 1344
the applications is not required if the award was provided in the 1345
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final round of grants and the Legislature provided the total 1346
amount of funds for all eligible grant requests. 1347
(14) Grant funds shall be available under this section 1348
through * * * September 30, 2026 * * *. Each grant recipient 1349
shall certify for any project for which a grant is awarded that if 1350
the project is not completed by * * * September 30, 2026, and the 1351
United States Congress does not enact an extension of the deadline 1352
on the availability of ARPA funds, then the grant recipient will 1353
complete the project through other funds. 1354
(15) The Mississippi Department of Environmental Quality may 1355
retain an amount not to exceed five percent (5%) of the total 1356
funds allocated to the program to defray administrative costs. 1357
(16) The department shall be exempt from provisions of the 1358
Public Procurement Review Board for any requirements of personal 1359
or professional service contracts or the pre-approval of the 1360
solicitation for such contracts used in the execution of its 1361
responsibilities under this section. This subsection shall stand 1362
repealed on January 1, * * * 2027. 1363
(17) The provisions of this section shall stand repealed on 1364
January 1, 2027. 1365
SECTION 16. Section 57-123-7, Mississippi Code of 1972, is 1366
amended as follows: 1367
57-123-7. (1) As used in this section, the following words 1368
and phrases shall have the meanings ascribed in this section 1369
unless the context clearly indicates otherwise: 1370
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(a) "Destination marketing organization" means: 1371
(i) Special local governmental units created by 1372
local and private laws of the State of Mississippi for the purpose 1373
of tourism promotion, funded by special local tax levies, and 1374
staffed with professionals engaged in out-of-state tourism 1375
marketing and tourism product development for municipalities, 1376
counties and/or regions; or 1377
(ii) Publicly funded local organizations that 1378
engage in out-of-state tourism marketing and tourism development 1379
for municipalities, counties and/or regions. 1380
(b) "Marketing activities" means multimedia marketing 1381
and advertising, including digital media, broadcast media and 1382
printed media, including travel publications, production, travel 1383
market sector analysis, consumer travel sentiment, public 1384
relations, communication strategy, direct sales bookings, group 1385
tour bookings, tourism development and administrative costs to 1386
execute marketing activities related to the business disruption 1387
effects of the Coronavirus Disease 2019 as expressed in Section 1 1388
of Chapter 399, Laws of 2022. 1389
(2) (a) The Department of Finance and Administration shall 1390
establish a program for the purpose of providing funds to assist 1391
destination marketing organizations in paying costs for marketing 1392
activities as provided in this section. Monies disbursed by the 1393
Department of Finance and Administration under this section shall 1394
be disbursed in compliance with all requirements and/or conditions 1395
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on funds appropriated from the Coronavirus State Fiscal Recovery 1396
Fund for the program established under this section. The 1397
Department of Finance and Administration shall determine, in 1398
conjunction with the destination marketing organizations, the 1399
allocation of funds under this section and shall disburse funds as 1400
follows: 1401
(i) Not more than Nine Million Four Hundred 1402
Twenty-seven Thousand Five Hundred Fifty-seven Dollars 1403
($9,427,557.00) of such monies shall be allocated to destination 1404
marketing organizations in a manner that will provide monies to a 1405
destination marketing organization in an amount equal to 1406
seventy-five percent (75%) of the destination marketing 1407
organization's marketing and advertising expenditures during the 1408
2019 fiscal year, and 1409
(ii) Not more than Twenty Million Five Hundred 1410
Seventy-two Thousand Four Hundred Forty-three Dollars 1411
($20,572,443.00) of such monies shall be allocated to destination 1412
marketing organizations based on the proportion that a destination 1413
marketing organization's contribution toward total tourism 1414
visitors in the state according to the 2019 Fiscal Year Visit 1415
Mississippi Visitors Profile Report bears to all destination 1416
marketing organizations' contributions toward total tourism 1417
visitors in the state according to the 2019 Fiscal Year Visit 1418
Mississippi Visitors Profile Report. However, a destination 1419
marketing organization shall not receive an amount less than Two 1420
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Hundred Fifty Thousand Dollars ($250,000.00) under this 1421
subparagraph (ii). 1422
(b) Within fifteen (15) days after July 1, 2022, the 1423
Department of Finance and Administration shall distribute the 1424
funds allocated under paragraph (a) of this subsection (2) to 1425
eligible destination marketing organizations. Before receiving 1426
funds under this subsection (2), a destination marketing 1427
organization must certify to the Department of Finance and 1428
Administration that: 1429
(i) The funds will only be used for marketing 1430
activities, and 1431
(ii) The destination marketing organization will 1432
comply with applicable federal and state regulations and 1433
requirements related to American Rescue Plan Act funds, and 1434
(iii) The destination marketing organization will 1435
obligate all funds by December 31, 2024, and fully expend all 1436
funds by * * * September 30, 2026. 1437
(c) Destination marketing organizations receiving funds 1438
under this subsection (2) shall keep and maintain records related 1439
to expenditures. Destination marketing organizations receiving 1440
funds under this subsection (2) shall also track impacts of their 1441
marketing activities through special levy tax receipts, hotel 1442
occupancy indicators, other tourism industry metrics, and 1443
analytics from marketing campaigns, as appropriate. Such 1444
destination marketing organizations shall provide semi-annual 1445
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reports on expenditures and economic impacts of their marketing 1446
activities to the Department of Finance and Administration, the 1447
Governor, the Lieutenant Governor, the Speaker of the House of 1448
Representatives and the Department of Audit. 1449
(d) Subject to applicable purchasing laws, destination 1450
marketing organizations will give preference, when available and 1451
practical, to Mississippi-based companies for any new contracts 1452
entered into for marketing activities. 1453
(3) The Department of Finance and Administration and the 1454
Department of Audit shall have all powers necessary for the 1455
implementation of this section. 1456
SECTION 17. Section 57-123-53, Mississippi Code of 1972, is 1457
amended as follows: 1458
57-123-53. (1) As used in this section, the following words 1459
and phrases shall have the meanings ascribed in this section 1460
unless the context clearly indicates otherwise: 1461
(a) "Destination marketing organization" means an 1462
organization that received funds under Section 57-123-7, 1463
Mississippi Code of 1972. 1464
(b) "Marketing activities" means multimedia marketing 1465
and advertising, including digital media, broadcast media and 1466
printed media, including travel publications, production, travel 1467
market sector analysis, consumer travel sentiment, public 1468
relations, communication strategy, direct sales bookings, group 1469
tour bookings, tourism development and administrative costs to 1470
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execute marketing activities related to the business disruption 1471
effects of the Coronavirus Disease 2019 as expressed in Section 1472
57-123-51. 1473
(2) (a) The Department of Finance and Administration shall 1474
establish a program for the purpose of providing funds to assist 1475
destination marketing organizations in paying costs for marketing 1476
activities as provided in this section and to assist certain 1477
museums as provided in this section. Monies disbursed by the 1478
Department of Finance and Administration under this section shall 1479
be disbursed in compliance with all requirements and/or conditions 1480
on funds appropriated from the Coronavirus State Fiscal Recovery 1481
Fund for the program established under this section. Monies in 1482
the fund shall be disbursed by the Department of Finance and 1483
Administration as follows: 1484
(i) Twenty-one Million Dollars ($21,000,000.00) 1485
shall be disbursed as provided in paragraph (b) of this subsection 1486
(2) to assist destination marketing organizations in paying costs 1487
for marketing activities; and 1488
(ii) One Million Dollars ($1,000,000.00) shall be 1489
disbursed to the GRAMMY® Museum Mississippi, in Cleveland, 1490
Mississippi, to assist in paying costs associated with advertising 1491
and other forms of promoting and publicizing the museum and museum 1492
related activities, and repairs and renovations of and upgrades 1493
and improvements to the museum for health and safety purposes 1494
related to the Coronavirus Disease 19. 1495
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(b) (i) The Department of Finance and Administration 1496
shall determine, in conjunction with the destination marketing 1497
organizations, the allocation of funds under paragraph (a)(i) of 1498
this subsection (2) and shall disburse funds as follows: 1499
1. Not more than Nine Million Four Hundred 1500
Twenty-seven Thousand Five Hundred Fifty-seven Dollars 1501
($9,427,557.00) of such monies shall be allocated to destination 1502
marketing organizations in a manner that will provide monies to a 1503
destination marketing organization in an amount equal to 1504
seventy-five percent (75%) of the destination marketing 1505
organization's marketing and advertising expenditures during the 1506
2019 fiscal year, and 1507
2. Not more than Eleven Million Five Hundred 1508
Seventy-two Thousand Four Hundred Forty-three Dollars 1509
($11,572,443.00) of such monies shall be allocated to destination 1510
marketing organizations based on the proportion that a destination 1511
marketing organization's contribution toward total tourism 1512
visitors in the state according to the 2019 Fiscal Year Visit 1513
Mississippi Visitors Profile Report bears to all destination 1514
marketing organizations' contributions toward total tourism 1515
visitors in the state according to the 2019 Fiscal Year Visit 1516
Mississippi Visitors Profile Report. However, a destination 1517
marketing organization shall not receive an amount less than One 1518
Hundred Twenty-five Thousand Dollars ($125,000.00) under this item 1519
2. 1520
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(ii) Destination marketing organizations receiving 1521
funds under this paragraph (b) shall provide details related to 1522
their planned expenditures to the Department of Finance and 1523
Administration prior to funds being disbursed. If the plans 1524
submitted by the destination marketing organizations include 1525
activities described in this section as eligible under this 1526
program, the department shall approve the plan within thirty (30) 1527
days of receipt of the plans. 1528
(iii) Before receiving funds under this paragraph 1529
(b), a destination marketing organization must certify to the 1530
Department of Finance and Administration that: 1531
1. The funds will only be used for marketing 1532
activities, and 1533
2. The destination marketing organization 1534
will comply with applicable federal and state regulations and 1535
requirements related to American Rescue Plan Act funds, and 1536
3. The destination marketing organization 1537
will obligate all funds by December 31, 2024, and fully expend all 1538
funds by * * * September 30, 2026. 1539
(iv) Destination marketing organizations receiving 1540
funds under this paragraph (b) shall keep and maintain records 1541
related to expenditures. Destination marketing organizations 1542
receiving funds under this paragraph (b) shall also track impacts 1543
of their marketing activities through special levy tax receipts, 1544
hotel occupancy indicators, other tourism industry metrics, and 1545
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ST: ARPA programs and funds; direct transfer of
certain available and unexpended funds on
September 30, 2026.
analytics from marketing campaigns, as appropriate. Such 1546
destination marketing organizations shall provide semi-annual 1547
reports on expenditures and economic impacts of their marketing 1548
activities to the Department of Finance and Administration, the 1549
Governor, the Lieutenant Governor, the Speaker of the House of 1550
Representatives and the Department of Audit. 1551
(v) Subject to applicable purchasing laws, 1552
destination marketing organizations will give preference, when 1553
available and practical, to Mississippi-based companies for any 1554
new contracts entered into for marketing activities. 1555
(3) The Department of Finance and Administration and the 1556
Department of Audit shall have all powers necessary for the 1557
implementation of this section. 1558
SECTION 18. This act shall take effect and be in force from 1559
and after its passage. 1560