Independent Schools Infrastructure Grant Program Act of 2022; extend repealer on.

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To: Ways and Means
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Shanks

HOUSE BILL NO. 934

AN ACT TO AMEND SECTION 37-185-21, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF THE REPEALER ON THE INDEPENDENT SCHOOLS 2
INFRASTRUCTURE GRANT PROGRAM ACT OF 2022; AND FOR RELATED 3
PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-185-21, Mississippi Code of 1972, is 6
amended as follows: 7
37-185-21. (1) This section shall be known and may be cited 8
as the "Independent Schools Infrastructure Grant Program Act of 9
2022." 10
(2) There is established the Independent Schools 11
Infrastructure Grant Program, to be administered by the Department 12
of Finance and Administration. Under the program, eligible 13
independent schools may apply for reimbursable grants to make 14
necessary investments in water, wastewater, stormwater, broadband 15
and other eligible infrastructure projects to be funded by the 16
Legislature using Coronavirus State Fiscal Recovery Funds made 17
available under the federal American Rescue Plan Act (ARPA). The 18
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program shall be funded from appropriations by the Legislature to 19
the department from the Coronavirus State Fiscal Recovery Fund. 20
(3) The use of grants shall be subject to audit by the 21
United States Department of the Treasury's Office of Inspector 22
General and the Mississippi Office of the State Auditor. An 23
eligible independent school found to be fully or partially 24
noncompliant with grant requirements shall return to the state all 25
or a portion of the grant monies received and used for unallowable 26
expenditures. Applicants shall confirm their understanding of 27
these terms. 28
(4) For purposes of this section, unless the context 29
requires otherwise, the following terms * * * have the meanings as 30
defined in this subsection: 31
(a) "Program" means the Independent Schools 32
Infrastructure Grant Program established under this section. 33
(b) "ARPA" means the federal American Rescue Plan Act 34
of 2021, Public Law 117-2, which amends Title VI of the Social 35
Security Act. 36
(c) "ARPA funds" means Coronavirus State Fiscal 37
Recovery Funds awarded through Section 602 of Title VI of the 38
Social Security Act amended by Section 9901 of the federal 39
American Rescue Plan Act of 2021, Public Law 117-2. 40
(d) "Department" means the Department of Finance and 41
Administration. 42
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(e) "Eligible independent school" means any private or 43
nonpublic school operating within the State of Mississippi that: 44
(i) Is a member of the Midsouth Association of 45
Independent Schools (MAIS) and located in the State of 46
Mississippi; or 47
(ii) Is accredited by a state, regional or 48
national accrediting organization; and 49
(iii) Is not subject to the purview of authority 50
of the State Board of Education. 51
(5) On or before July 1, 2022, the department shall 52
promulgate rules and regulations necessary to administer the 53
program established under this section, including application 54
procedures and deadlines. 55
(6) Funds under the program shall be awarded for ARPA 56
eligible projects in the following order: 57
(a) Eligible water, wastewater and stormwater projects 58
under the Environmental Protection Agency's Clean Water State 59
Revolving Fund (CWSRF) or Drinking Water State Revolving Fund 60
(DWSRF) and other eligible water projects allowable by ARPA; 61
(b) Broadband infrastructure projects; 62
(c) Capital investments for prevention, mitigation and 63
ventilation in congregate living facilities and other key 64
settings; and 65
(d) Any eligible project through ARPA guidelines, 66
guidance, rules, regulations and/or other criteria, as may be 67
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amended from time to time, of the United States Department of the 68
Treasury, excluding premium pay for employees. 69
(7) The governing board of any eligible independent school 70
may submit an application for grant funds under this section. 71
Applicants shall certify to the department that each expenditure 72
of the funds awarded to them by the department under this section 73
is in compliance with the ARPA guidelines, guidance, rules, 74
regulations and/or other criteria, as may be amended from time to 75
time, by the United States Department of the Treasury regarding 76
the use of monies from the Coronavirus State Fiscal Recovery Fund. 77
Subsequent submissions will be due by the dates established by the 78
department. 79
(8) An application for a grant under this section shall be 80
submitted at such time, be in such form, and contain such 81
information as the department prescribes. Each application shall 82
include the following at a minimum: applicant contact 83
information; project description and type of project; project map; 84
estimate of the population served by the project; estimated 85
project cost; estimated project schedule; and readiness to 86
proceed. The department is authorized to accept additional rounds 87
of grant proposals for application consideration as needed. 88
(9) Applications shall be reviewed, and the department shall 89
certify that each project submitted is eligible under ARPA and all 90
applicable guidance issued by the United States Department of the 91
Treasury. For water, wastewater and stormwater projects, the 92
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department must also certify that it is a "necessary investment" 93
in water, wastewater or stormwater infrastructure as defined in 94
ARPA and all applicable guidance issued by the United States 95
Department of the Treasury. Grant agreements shall be executed 96
between the recipient and the department. All final awards shall 97
be determined at the discretion of the executive director of the 98
department. Funds shall be made available to a grantee upon the 99
execution of a grant agreement between the department and the 100
approved applicant, and the department obtains the necessary 101
support for reimbursement. 102
(10) Grant funds shall be used prospectively, and grants are 103
not available to cover the costs of debt incurred before July 1, 104
2022. 105
(11) The maximum amount of grant funds that may be awarded 106
to any eligible independent school under the program is One 107
Hundred Thousand Dollars ($100,000.00). 108
(12) The department shall submit to the Joint Legislative 109
Budget Committee by October 1 of each year an annual report about 110
the program. The reports shall contain the applications received, 111
the amount of grant funds awarded to each applicant, the amount of 112
grant funds expended by each applicant, and the status of each 113
applicant's project. 114
(13) Grant funds received under this section must be 115
obligated no later than December 31, 2024, and must be expended no 116
later than December 31, * * * 2029. Each grant recipient shall 117
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ST: Independent Schools Infrastructure Grant
Program Act of 2022; extend repealer on.
certify for any project for which a grant is awarded that if the 118
project is not completed by December 31, * * * 2029, and the 119
United States Congress does not enact an extension of the deadline 120
on the availability of ARPA funds, then the grant recipient will 121
complete the project using any other funds available. 122
(14) The department may retain an amount not to exceed Two 123
Hundred Thousand Dollars ($200,000.00) of the total funds 124
allocated to the program to defray its administrative costs. 125
(15) This section shall stand repealed on July 1, * * * 126
2029. 127
SECTION 2. This act shall take effect and be in force from 128
and after July 1, 2026. 129