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H. B. No. 849 *HR31/R539* ~ OFFICIAL ~ G1/2
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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Hale
HOUSE BILL NO. 849
AN ACT TO ESTABLISH THE MISSISSIPPI EMERGENCY DRINKING WATER 1
NETWORK ACT TO BE ADMINISTERED BY THE MISSISSIPPI EMERGENCY 2
MANAGEMENT AGENCY; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO 3
ESTABLISH THE MISSISSIPPI EMERGENCY DRINKING WATER NETWORK GRANT 4
PROGRAM TO INCREASE DRINKING WATER SECURITY AND WATER SYSTEM 5
RESILIENCY BY EQUIPPING WATER SYSTEMS AND FIRST RESPONDERS WITH 6
EQUIPMENT AND TRAINING TO MAINTAIN WATER SERVICE TO VITAL 7
FACILITIES AND THE PUBLIC DURING PERIODS OF INFRASTRUCTURE 8
FAILURE; TO PROVIDE DEFINITIONS FOR THE TERMS USED IN THE ACT; TO 9
SPECIFY THE PURPOSES FOR GRANT AWARDS TO MISSISSIPPI COUNTY 10
EMERGENCY MANAGEMENT AGENCIES; TO AUTHORIZE THE MISSISSIPPI 11
EMERGENCY MANAGEMENT AGENCY (MEMA) TO MAKE ELIGIBLE EQUIPMENT 12
PURCHASES SUPPORTING THE MISSISSIPPI EMERGENCY DRINKING WATER 13
NETWORK; TO ALLOW MEMA TO USE A MAXIMUM OF TWO PERCENT OF FUNDS 14
APPROPRIATED FOR THE ADMINISTRATIVE EXPENSES OF CARRYING OUT THE 15
PROVISIONS OF THIS ACT, TO THE EXTENT PERMISSIBLE UNDER FEDERAL 16
LAW; TO DIRECT MEMA TO SEEK TO MINIMIZE ITS ADMINISTRATIVE 17
EXPENSES BY ESTABLISHING POLICIES AND PROCEDURES MIRRORING PAST 18
PROGRAMS USING FEDERAL COVID-19 RELIEF FUNDS; TO REQUIRE MEMA TO 19
CERTIFY TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION THAT EACH 20
EXPENDITURE APPROPRIATED TO MEMA IS IN COMPLIANCE WITH UNITED 21
STATES DEPARTMENT OF THE TREASURY CRITERIA REGARDING THE USE OF 22
MONIES FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND; TO PROVIDE 23
REPORTING REQUIREMENTS TO THE GOVERNOR AND THE LEGISLATURE BY 24
OCTOBER 1 OF EACH YEAR; TO PROVIDE THAT FUNDS APPROPRIATED TO MEMA 25
FOR THE PURPOSES OF THIS ACT SHALL BE AVAILABLE THROUGH DECEMBER 26
31, 2026, OR ON THE DATE OF THE ARPA FUNDS EXPENDITURE DEADLINE 27
PROVIDED BY THE FEDERAL GOVERNMENT, WHICHEVER OCCURS LATER; TO 28
PROVIDE THAT EACH GRANT RECIPIENT SHALL CERTIFY, FOR ANY PROJECT 29
FOR WHICH A GRANT IS AWARDED, THAT IF THE PROJECT IS NOT COMPLETED 30
BY DECEMBER 31, 2026, AND THE UNITED STATES CONGRESS DOES NOT 31
ENACT AN EXTENSION OF THE DEADLINE ON THE AVAILABILITY OF ARPA 32
FUNDS, THEN THE GRANT RECIPIENT WILL COMPLETE THE PROJECT THROUGH 33
OTHER FUNDS; AND FOR RELATED PURPOSES. 34
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 35
SECTION 1. This act shall be known and may be cited as the 36
"Mississippi Emergency Drinking Water Network Act". Under this 37
act, the Legislature creates the Mississippi Emergency Drinking 38
Water Network and the Mississippi Emergency Drinking Water Network 39
Grant Program. 40
SECTION 2. (1) The Mississippi Legislature finds that: 41
(a) The Coronavirus State and Local Fiscal Recovery 42
Funds (SLFRF) 2023 Interim Final Rule authorizes expenditures for 43
the purpose of mitigation activities that reduce or eliminate the 44
potential impacts of the threat of a natural disaster; 45
(b) The majority of Mississippi communities are rural 46
communities that are historically underserved by federal disaster 47
relief programs; 48
(c) The SLFRF 2023 Interim Final Rule encourages 49
recipients to consider how the provision of emergency relief can 50
support communities that have been historically underserved and 51
are more at risk of the impacts of natural disasters. 52
(2) Therefore, the intent of the Mississippi Legislature is 53
to: 54
(a) Provide funding for the establishment of potable 55
water points of distribution in each county and the acquisition of 56
equipment to transport bulk potable water by truck and to 57
facilitate the transfer and safe use of bulk potable water during 58
water system emergencies; 59
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(b) Provide funding for the acquisition of equipment 60
designed to transfer potable water using relocatable pump and 61
piping systems that can be deployed during water system 62
emergencies; and 63
(c) Provide funding for training water system personnel 64
and first responders in proper deployment of transport and 65
transfer systems. 66
SECTION 3. There is established the Mississippi Emergency 67
Drinking Water Network Grant Program, which shall be administered 68
by the Mississippi Emergency Management Agency (MEMA) for the 69
purpose of increasing drinking water security and water system 70
resiliency by equipping water systems and first responders with 71
equipment and training to maintain water service to vital 72
facilities and the public during periods of infrastructure 73
failure. 74
SECTION 4. As used in this act, the following words shall 75
have the meanings as defined in this subsection unless the context 76
requires otherwise: 77
(a) "ARPA funds" means funds allocated to the State of 78
Mississippi from the Coronavirus State Fiscal Recovery Fund in 79
Section 9901 of the American Rescue Plan Act of 2021 (Public Law 80
No. 117-2). 81
(b) "COVID-19" means the Coronavirus Disease 2019. 82
(c) "Eligible expenses" means a cost incurred by a 83
recipient under this act, including, but not limited to: 84
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(i) Necessary equipment or other supplies to 85
establish potable water points of distribution. Examples include 86
backflow prevention devices, hydrant metering devices, and hoses 87
and fittings; 88
(ii) Necessary equipment for a potable water 89
transport system capable of hauling potable water by truck, from 90
points of distribution to points of use; 91
(iii) Necessary equipment for storage and use of 92
potable water at points of use; 93
(iv) Necessary equipment to transfer potable water 94
between or within water systems using relocatable pumping systems; 95
and 96
(v) Necessary training materials and 97
demonstrations for water system operators and first responders to 98
properly deploy systems. 99
(d) "Grant program" means the Mississippi Emergency 100
Drinking Water Network Grant Program established in this act, 101
which provides funding from federal ARPA funds to distribute 102
equipment and resources for the bulk hauling of potable water by 103
truck and bulk transfer using deployable pumping systems that 104
facilitate movement of potable water between neighboring water 105
systems with an emphasis on providing rural water systems with 106
self sufficiency as well as the ability to participate in mutual 107
aid efforts between water systems and other public and private 108
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sector facilities for which interruptions in water supply may 109
cause public harm. 110
(e) "MEMA" means the Mississippi Emergency Management 111
Agency. 112
(f) "Network" or "MEDWN" means the Mississippi 113
Emergency Drinking Water Network, which refers collectively to the 114
equipment, training, and operational plans developed to meet the 115
goals of the grant program. 116
(g) "Point of distribution" means a location determined 117
by county emergency management agencies from which potable water 118
distribution will take place if the county serves as a provider of 119
potable water to be transported or transferred. Selection, 120
planning, and safe operation of the points of distribution shall 121
be performed in conjunction with the system operator of the 122
respective water system possessing the necessary skills and 123
certifications for safe selection and operation. 124
(h) "Point of use" means the location receiving 125
transported or transferred potable water from a point of 126
distribution. 127
(i) "Recipient" means a county emergency management 128
agency, rural water association, rural fire district, or other 129
entity deemed by MEMA as capable of performing duties determined 130
necessary to meet the goals of the grant program as either an end 131
user or pass-through recipient of funds. 132
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(j) "Transfer pump system" means a system of pumps and 133
hoses designed for the specific purpose of transferring potable 134
water from points of distribution to points of use. 135
(k) "Transport system" means equipment designed for the 136
specific purpose of transporting potable water from points of 137
distribution to points of use. 138
SECTION 5. (1) Subject to appropriation by the Legislature, 139
MEMA shall grant a fixed amount award to each Mississippi county 140
emergency management agency for: 141
(a) Costs of bulk potable water truck transport 142
equipment meeting network requirements established by MEMA; 143
(b) Costs of training first responders and water 144
operators in deployment of water transport equipment; 145
(c) Costs of establishing a potable water point of 146
distribution within the recipient's jurisdiction. 147
(2) Subject to appropriation by the Legislature, MEMA shall: 148
(a) Directly acquire potable water transfer pump 149
systems to support bulk transfer of potable water; 150
(b) Determine the optimal quantity and geographic 151
placement of transfer pump systems in Mississippi to best respond 152
to water emergencies; 153
(c) Develop an operations plan for deployment of the 154
transfer pump systems; and 155
(d) Develop a training program for first responders for 156
deployment of transfer pump systems. 157
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(3) All grants and other funds disbursed by MEMA under this 158
act must be used only for eligible expenditures. 159
(4) MEMA is authorized to use a maximum of two percent (2%) 160
of the funds appropriated for the purposes of this act for 161
administrative expenses of carrying out the provisions of this 162
act, to the extent permissible under federal law. MEMA shall seek 163
to minimize its administrative expenses by establishing policies 164
and procedures mirroring past programs using federal COVID-19 165
relief funds. 166
(5) After the initial fixed award and direct purchase 167
amounts are determined, MEMA shall accept applications and, at its 168
discretion, obligate by subaward any remaining funds to rural 169
county emergency management agencies, rural water providers, rural 170
first responders, or pass-through subrecipients for purposes that 171
are aligned with the goals of the grant program. 172
(6) MEMA shall certify to the Department of Finance and 173
Administration that each expenditure from funds appropriated to 174
MEMA is in compliance with United States Department of the 175
Treasury criteria regarding the use of monies from the Coronavirus 176
State Fiscal Recovery Fund. MEMA shall report to the Governor and 177
the Legislature by October 1 of each year detailing the 178
expenditures during the previous year of funds appropriated to 179
MEMA for the purposes of this act. 180
(7) All funds appropriated to MEMA for the purpose of this 181
act shall be disbursed in compliance with the guidelines, 182
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ST: MS Emergency Drinking Water Network Act;
create.
guidance, rules, regulations and other criteria, as may be amended 183
from time to time, of the United States Department of the Treasury 184
regarding the use of monies from the American Rescue Plan Act 185
(ARPA). Unobligated funds remaining at the end of ARPA SLFRF 186
obligation deadline set by the United States Department of the 187
Treasury shall be managed in accordance with ARPA SLFRF rules 188
under the authority of the Department of Finance and 189
Administration. 190
(8) The funds appropriated to MEMA for the purposes of this 191
act shall be available through December 31, 2026, or on the date 192
of the ARPA funds expenditure deadline provided by the federal 193
government, whichever occurs later. Each grant recipient shall 194
certify, for any project for which a grant is awarded, that if the 195
project is not completed by December 31, 2026, and the United 196
States Congress does not enact an extension of the deadline on the 197
availability of ARPA funds, then the grant recipient shall 198
complete the project through other funds. 199
SECTION 6. This act shall take effect and be in force from 200
and after July 1, 2026. 201