Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 14 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations - DW SRF Lead Service Line Replacement Intended Use Plan › Section 33-14-I - Introduction

Current through June 25, 2024
A.
State of Mississippi's Drinking
			 Water State Revolving Loan Fund
The Safe Drinking Water Act Amendments of 1996 (SDWA)
				established the national Drinking Water State Revolving Fund (DWSRF) Program.
				The Bipartisan Infrastructure Law (BIL), also known as the Infrastructure
				Investment and Jobs Act (IIJA) of 2021, (
				P.L.
				117-8 ) additionally amended Section 1452 of the
				SDWA and appropriated funds for Lead Service Line Replacement. This Intended
				Use Plan identifies the State of Mississippi's proposed use of Federal Fiscal
				Year (FFY) 2022 DWSRF Lead Service Line Replacement (LSLR) allotment of
				$30,518,000.
The DWSRF program allows the Environmental Protection Agency
				(EPA) to make capitalization (Cap) grants to states to, in turn, provide
				low-cost loans to public water systems to help achieve or maintain compliance
				with SDWA requirements. Accordingly, the State Legislature (through Section
				41-3-16, MS Code of 1972
				Annotated) created what is now called the Drinking Water Systems Improvements
				Revolving Loan Fund (DWSIRLF) Program, to receive the federal DWSRF
				capitalization grants from EPA, and to provide low-cost loans to the state's
				public water systems to finance needed infrastructure improvements. This
				legislation also allows the DWSIRLF, subject to the authority of State Law, to
				make loans that may utilize additional subsidization beyond standard DWSIRLF
				loans as well as setting appropriate criteria to determine eligible
				recipients.
That same legislation created the "Local Governments and Rural
				Water Systems Improvements Board" (Board), to oversee the administration of the
				DWSIRLF Program. The Mississippi State Department of Health (Department), as
				the state's drinking water primacy agency, supplies the staff and facilities
				necessary to administer the program. The Board is composed of the following
				nine (9) members: the State Health Officer, who shall serve as chairman of the
				Board; the Executive Director of the Mississippi Development Authority; the
				Executive Director of the Department of Environmental Quality; the Executive
				Director of the Department of Finance and Administration; the Executive
				Director of the Mississippi Association of Supervisors; the Executive Director
				of the Mississippi Municipal League; the Executive Director of the American
				Council of Engineering Companies; the State Director of the United States
				Department of Agriculture, Rural Development; and a manager of a rural water
				system. Each agency director may appoint a designee to serve in his or her
				place on the Board. The Governor appoints the rural water system manager. In
				the creation of the Program, it was the intent of the Legislature that the
				Board endeavor to ensure that the costs of administering the DWSIRLF Program
				are as low as possible in order to provide the water consumers of Mississippi
				with safe drinking water at affordable prices.
As a condition of receiving the DWSRF Cap grants, the SDWA
				requires that each state annually prepare an Intended Use Plan (IUP) designed
				to outline how a state will utilize DWSRF funds to assist in protecting public
				health.
The DWSIRLF BIL LEAD SERVICE LINE REPLACEMENT (LSLR) Fund
				consists of federal funds. Federal funds are provided to the states in the form
				of awarded Cap grants. Each state's allotment of those grants is based on EPA's
				Needs Survey that is performed every four years. No State matching funds are
				required to be deposited into this Fund.
B.
Program Overview
The basic framework under which the DWSIRLF Program operates is
				established by two documents. The first document is the Drinking Water State
				Revolving Fund Loan Program Operating Agreement (Operating Agreement) between
				the Mississippi State Department of Health and the Environmental Protection
				Agency, Region IV. The current Operating Agreement was agreed to by both
				parties and approved on March 21, 2022. The Operating Agreement establishes the
				basic framework of the DWSIRLF that is not expected to change from
				year-to-year. The second document is the IUP which describes how the State of
				Mississippi will use the funding received from the EPA Cap grant which is
				received each year. This draft BIL LSLR IUP for FFY-2024 (dated June 29, 2023)
				will accompany the Program's application to EPA for the FFY-2022 LSLR Cap
				Grant.
The amount of the FFY-2022 EPA Cap Grant for the BIL LSLR fund
				is $30,518,000. The Program intends to apply for set-asides as described in
				Section V. These funds must be used in the period of July 2023 through June
				2026. As a condition of the FFY-2022 Cap Grant the program agrees to comply
				with DWSRF regulations, the general grant regulations at 40 CFR part 200, and
				specific conditions of the capitalization grant and to enter data into SRF Data
				System no less than quarterly. The FFY-2024 IUP will show in detail the goals
				(overall and five-year), the structure, and the financial status of the
				Program; the role of the set-aside activities within the state; and most
				importantly, the distribution of funds towards public water system improvements
				projects and the criteria used to determine their ranking within the priority
				system. Those desiring to receive a copy of this document may contact Jonathan
				Diaz, Program Support Specialist, at (601) 576-7518.
C.
Public Input, Review, and Comment
			 Procedures
To ensure that the public has an ample opportunity to review
				and comment upon the IUP, the Department and the Board follows the requirements
				of the "Mississippi Administrative Procedures Law" prior to final submission of
				the IUP to EPA. A public notice period of at least twenty-five (25) days allows
				for review and comment before an oral proceeding. After adoption by the Board,
				a second filing with the Secretary of State's Office occurs; if no additional
				comments are received the IUP becomes law 30 days after the second
				filing.
Public notice will be given in
The Clarion
				Ledger
, a newspaper of statewide circulation, for written and oral
				comments on this IUP.
An oral proceeding is scheduled for 9:00
				a.m. on July 28, 2023.
A transcript of the oral proceeding,
				recording any comments and recommended solutions, will be submitted to the EPA
				along with the Final IUP. Those desiring to receive a copy of the oral
				proceeding transcript should contact Jonathan Diaz, Program Support Specialist,
				at (601) 576-7518. A copy of the "Mississippi Administrative Procedures Law"
				may be obtained from the Mississippi Secretary of State's Office and can also
				be found on the Mississippi State Department of Health's website at
www.healthyms.com/dwsrf
.