MS Association of Independent Colleges and Universities Infrastructure Grant Program Act of 2022; extend repealer on.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Shanks, Foster

HOUSE BILL NO. 935

AN ACT TO AMEND SECTION 37-185-31, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF THE REPEALER ON THE MISSISSIPPI ASSOCIATION 2
OF INDEPENDENT COLLEGES AND UNIVERSITIES (MAICU) INFRASTRUCTURE 3
GRANT PROGRAM ACT OF 2022; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 37-185-31, Mississippi Code of 1972, is 6
amended as follows: 7
37-185-31. (1) This section shall be known and may be cited 8
as the "Mississippi Association of Independent Colleges and 9
Universities (MAICU) Infrastructure Grant Program Act of 2022." 10
(2) There is * * * established within the Mississippi 11
Department of Finance and Administration, the Mississippi 12
Association of Independent Colleges and Universities (MAICU) 13
Infrastructure Grant Program under which independent colleges and 14
universities may apply for reimbursable grants to make necessary 15
investments in water, wastewater, stormwater, broadband and other 16
eligible infrastructure projects to be funded by the Legislature 17
utilizing Coronavirus State Fiscal Recovery Funds made available 18
under the federal American Rescue Plan Act (ARPA). Such grants 19
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shall be made available to the following institutions: Belhaven 20
University, Blue Mountain College, Millsaps College, Mississippi 21
College, Rust College, Tougaloo College and William Carey 22
University. Grant program funds shall be distributed to each 23
listed institution based on the pro rata share of full-time 24
equivalent students enrolled in the respective college or 25
university. For purposes of this distribution, a full-time 26
equivalent student shall be calculated as follows: 27
(a) One (1) full-time student shall be considered one 28
(1) full-time equivalent student; 29
(b) One (1) part-time student shall be considered 30
one-half (1/2) of a full-time equivalent student; and 31
(c) One (1) online student shall be considered 32
one-fourth (1/4) of a full-time equivalent student. 33
(3) For purposes of this section, unless the context 34
requires otherwise, the following terms shall have the meanings 35
ascribed herein: 36
(a) "MAICU Grant Program" shall mean the Mississippi 37
Association of Independent Colleges and Universities (MAICU) 38
Infrastructure Grant Program. 39
(b) "ARPA" shall mean the federal American Rescue Plan 40
Act of 2021, Public Law 117-2, which amends Title VI of the Social 41
Security Act. 42
(c) "State Recovery Funds" shall mean Coronavirus State 43
Fiscal Recovery Funds awarded through Section 602 of Title VI of 44
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the Social Security Act amended by Section 9901 of the federal 45
American Rescue Plan Act of 2021, Public Law 117-2. 46
(d) "Department" shall mean the Department of Finance 47
and Administration. 48
(4) On or before July 1, 2022, the Mississippi Department of 49
Finance and Administration shall promulgate rules and regulations 50
necessary to administer the MAICU Grant Program prescribed under 51
this section, including application procedures and deadlines. 52
(5) Funds under the MAICU Grant Program shall be awarded for 53
ARPA eligible projects in the following order: 54
(a) Eligible water, wastewater and stormwater projects 55
under the Environmental Protection Agency's Clean Water State 56
Revolving Fund (CWSRF) or Drinking Water State Revolving Fund 57
(DWSRF) and other eligible water projects allowable by ARPA; 58
(b) Broadband infrastructure projects; 59
(c) Capital investments for prevention, mitigation and 60
ventilation in congregate living facilities and other key 61
settings; and 62
(d) Any eligible project through ARPA guidelines, 63
guidance, rules, regulations and/or other criteria, as may be 64
amended from time to time, of the United States Department of the 65
Treasury, excluding premium pay. 66
(6) The boards of trustees of the respective members of the 67
Mississippi Association of Independent Colleges and Universities 68
(MAICU) may submit an application for grant funds under this 69
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section. Applicants shall certify to the Department of Finance 70
and Administration that each expenditure of the funds awarded to 71
them by the department under this section is in compliance with 72
the ARPA guidelines, guidance, rules, regulations and/or other 73
criteria, as may be amended from time to time, by the United 74
States Department of the Treasury regarding the use of monies from 75
the State Coronavirus State Fiscal Recovery Funds. Subsequent 76
submissions will be due by the dates established by the 77
department. 78
(7) An application for a grant under this section shall be 79
submitted at such time, be in such form, and contain such 80
information as the department prescribes. Each application shall 81
include the following at a minimum: applicant contact 82
information; project description and type of project; project map; 83
estimate of the population served by the projects; estimated 84
project cost; estimated project schedule; and readiness to 85
proceed. The Mississippi Department of Finance and Administration 86
is authorized to accept additional rounds of grant proposals for 87
application consideration as needed. 88
(8) Applications shall be reviewed, and the Mississippi 89
Department of Finance and Administration shall certify that each 90
project submitted is eligible under the American Rescue Plan Act 91
and all applicable guidance issued by the United States Department 92
of the Treasury. For water, wastewater and stormwater projects, 93
the department must also certify that it is a "necessary 94
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investment" in water, wastewater or stormwater infrastructure as 95
defined in the American Rescue Plan Act and all applicable 96
guidance issued by the United States Department of the Treasury. 97
Grant agreements shall be executed between the recipient and the 98
Mississippi Department of Finance and Administration. All final 99
awards will be determined at the discretion of the executive 100
director of the department. Funds shall be made available to a 101
grantee upon the execution of a grant agreement between the 102
department and the approved applicant, and the department obtains 103
the necessary support for reimbursement. 104
(9) Grant requirements shall be used prospectively, and 105
grants are not available to cover the costs of debt incurred prior 106
to the enactment of this program. 107
(10) (a) There is * * * created in the State Treasury a 108
special fund to be known as the "Mississippi Association of 109
Independent Colleges and Universities (MAICU) Grant Program Fund," 110
which shall consist of funds appropriated by the Legislature from 111
federal American Rescue Plan Act (ARPA) monies or other available 112
federal grant funds for the purposes of awarding grants under this 113
section. Unexpended amounts remaining in the fund at the end of 114
the fiscal year shall not lapse into the Coronavirus State Fiscal 115
Recovery Fund or the State General Fund, and any interest earned 116
on amounts in the fund shall remain in the fund. The expenditure 117
of monies in the Mississippi Association of Independent Colleges 118
and Universities (MAICU) Grant Program Fund shall be under the 119
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direction of the Mississippi Department of Finance and 120
Administration; 121
(b) All monies shall be disbursed from the fund created 122
in this subsection shall be in compliance with the guidelines, 123
guidance, rules, regulations or other criteria, as may be amended 124
from time to time, of the United States Department of the Treasury 125
regarding the use of monies received by or on behalf of the State 126
of Mississippi through the Coronavirus State Fiscal Recovery Fund 127
established by the American Rescue Plan Act of 2021 (Public Law 128
No. 117-2). Unexpended amounts remaining in the funds at the end 129
of a fiscal year shall not lapse into the Coronavirus State Fiscal 130
Recovery Fund or the State General Fund, and any investment 131
earnings or interest earned on amounts in the program fund shall 132
be deposited to the credit of COVID-19 Hospital Expanded Capacity 133
Program Fund; 134
(c) If there are unobligated Coronavirus State Fiscal 135
Recovery Fund monies remaining in the fund created in this 136
section, on the later of December 17, 2024, or fourteen (14) days 137
prior to the fund obligation deadline provided by the federal 138
government, the Department of Finance and Administration shall 139
transfer these unobligated balances to the Coronavirus State 140
Fiscal Recovery Fund. The Department of Finance and 141
Administration shall then transfer the unobligated balance of 142
Coronavirus State Fiscal Recovery Funds from the Coronavirus State 143
Fiscal Recovery Fund to the State and School Employees' Life and 144
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Health Insurance Fund for an amount not to exceed the lesser of 145
Ten Million Dollars ($10,000,000.00) or the amount of allowable 146
ARPA expenditures, by no later than December 31, 2024, or on the 147
date of the fund obligation deadline provided by the federal 148
government. The Department of Finance and Administration shall 149
then transfer all remaining unobligated balances of Coronavirus 150
State Fiscal Recovery Funds from the Coronavirus State Fiscal 151
Recovery Fund to the Unemployment Compensation Fund up to the ARPA 152
allowable amount, by no later than December 31, 2024, or on the 153
date of the fund obligation deadline provided by the federal 154
government; and 155
(d) The use of funds allocated under this program shall 156
be subject to audit by the United States Department of the 157
Treasury's Office of Inspector General and the Mississippi Office 158
of the State Auditor. Each person receiving funds under these 159
programs found to be fully or partially noncompliant with the 160
requirements in this section shall return to the state all or a 161
portion of the funds received. 162
(11) The department shall submit to the Joint Legislative 163
Budget Committee by October 1 of each year an annual report. The 164
reports shall contain the applications received, the amount of 165
grant funds awarded to each applicant, the amount of grant funds 166
expended by each applicant, and the status of each applicant's 167
project. 168
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ST: MS Association of Independent Colleges and
Universities Infrastructure Grant Program Act of
2022; extend repealer on.
(12) Grant funds shall be available under this section 169
through December 31, * * * 2029. Each grant recipient shall 170
certify for any project that a grant is awarded that in the event 171
the project is not completed by December 31, * * * 2029, and the 172
United States Congress does not enact an extension of the deadline 173
on the availability of ARPA Funds, then the grant recipient will 174
complete the project through any other funds available. 175
(13) The Mississippi Department of Finance and 176
Administration may retain an amount not to exceed Two Hundred 177
Thousand Dollars ($200,000.00) of the total funds allocated to the 178
program to defray administrative costs. 179
(14) This section shall stand repealed on July 1, * * * 180
2029. 181
SECTION 2. This act shall take effect and be in force from 182
and after July 1, 2026. 183