Mississippi Code 1972 (2023) › Title 37 - EDUCATION (§§ 37-NEW-001 — 37-NEW01-004) › Chapter 185 - GRANT PROGRAMS FOR INDEPENDENT PRIMARY AND SECONDARY SCHOOLS, COLLEGES AND UNIVERSITIES (§§ 37-185-1 — 37-185-31) › Subchapter - INDEPENDENT SCHOOLS INFRASTRUCTURE GRANT PROGRAM ACT OF 2022 (§ 37-185-21) › Section 37-185-21 - [Repealed effective 7/1/2026] Independent Schools Infrastructure Grant Program established; use of reimbursable grants; definitions; priority of award of funds for eligible projects; application for grant funds; maximum grant fund award; report

(1)
This section shall be known and may be cited as the "Independent Schools Infrastructure Grant Program Act of 2022."
(2)
There is established the Independent Schools Infrastructure Grant Program, to be administered by the Department of Finance and Administration. Under the program, eligible independent schools may apply for reimbursable grants to make necessary investments in water, wastewater, stormwater, broadband and other eligible infrastructure projects to be funded by the Legislature using Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act (ARPA). The program shall be funded from appropriations by the Legislature to the department from the Coronavirus State Fiscal Recovery Fund.
(3)
The use of grants shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. An eligible independent school found to be fully or partially noncompliant with grant requirements shall return to the state all or a portion of the grant monies received and used for unallowable expenditures. Applicants shall confirm their understanding of these terms.
(4)
For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings as defined in this subsection:
(a)
"Program" means the Independent Schools Infrastructure Grant Program established under this section.
(b)
"ARPA" means the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(c)
"ARPA funds" means Coronavirus State Fiscal Recovery Funds awarded through Section 602 of Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(d)
"Department" means the Department of Finance and Administration.
(e)
"Eligible independent school" means any private or nonpublic school operating within the State of Mississippi that:
(i)
Is a member of the Midsouth Association of Independent Schools (MAIS) and located in the State of Mississippi; or
(ii)
Is accredited by a state, regional or national accrediting organization; and
(iii)
Is not subject to the purview of authority of the State Board of Education.
(5)
On or before July 1, 2022, the department shall promulgate rules and regulations necessary to administer the program established under this section, including application procedures and deadlines.
(6)
Funds under the program shall be awarded for ARPA eligible projects in the following order:
(a)
Eligible water, wastewater and stormwater projects under the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF) and other eligible water projects allowable by ARPA;
(b)
Broadband infrastructure projects;
(c)
Capital investments for prevention, mitigation and ventilation in congregate living facilities and other key settings; and
(d)
Any eligible project through ARPA guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury, excluding premium pay for employees.
(7)
The governing board of any eligible independent school may submit an application for grant funds under this section. Applicants shall certify to the department that each expenditure of the funds awarded to them by the department under this section is in compliance with the ARPA guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund. Subsequent submissions will be due by the dates established by the department.
(8)
An application for a grant under this section shall be submitted at such time, be in such form, and contain such information as the department prescribes. Each application shall include the following at a minimum: applicant contact information; project description and type of project; project map; estimate of the population served by the project; estimated project cost; estimated project schedule; and readiness to proceed. The department is authorized to accept additional rounds of grant proposals for application consideration as needed.
(9)
Applications shall be reviewed, and the department shall certify that each project submitted is eligible under ARPA and all applicable guidance issued by the United States Department of the Treasury. For water, wastewater and stormwater projects, the department must also certify that it is a "necessary investment" in water, wastewater or stormwater infrastructure as defined in ARPA and all applicable guidance issued by the United States Department of the Treasury. Grant agreements shall be executed between the recipient and the department. All final awards shall be determined at the discretion of the executive director of the department. Funds shall be made available to a grantee upon the execution of a grant agreement between the department and the approved applicant, and the department obtains the necessary support for reimbursement.
(10)
Grant funds shall be used prospectively, and grants are not available to cover the costs of debt incurred before July 1, 2022.
(11)
The maximum amount of grant funds that may be awarded to any eligible independent school under the program is One Hundred Thousand Dollars ($100,000.00).
(12)
The department shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report about the program. The reports shall contain the applications received, the amount of grant funds awarded to each applicant, the amount of grant funds expended by each applicant, and the status of each applicant's project.
(13)
Grant funds received under this section must be obligated no later than December 31, 2024, and must be expended no later than December 31, 2026. Each grant recipient shall certify for any project for which a grant is awarded that if the project is not completed by December 31, 2026, and the United States Congress does not enact an extension of the deadline on the availability of ARPA funds, then the grant recipient will complete the project using any other funds available.
(14)
The department may retain an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) of the total funds allocated to the program to defray its administrative costs.
(15)
This section shall stand repealed on July 1, 2026.
Added by Laws, 2022, ch. 482, SB 2780,§ 12, eff. 7/1/2022.