Section 37-185-31 - [Repealed effective 7/1/2026] Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Act of 2022; use of reimbursable grants; eligible institutions; definitions; priority of award of funds for eligible projects; application; Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Fund(1) This section shall be known and may be cited as the "Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program Act of 2022."(2) There is hereby established within the Mississippi Department of Finance and Administration, the Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program under which independent colleges and universities 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 utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act (ARPA). Such grants shall be made available to the following institutions: Belhaven University, Blue Mountain College, Millsaps College, Mississippi College, Rust College, Tougaloo College and William Carey University. Grant program funds shall be distributed to each listed institution based on the pro rata share of full-time equivalent students enrolled in the respective college or university. For purposes of this distribution, a full-time equivalent student shall be calculated as follows: (a) One (1) full-time student shall be considered one (1) full-time equivalent student;(b) One (1) part-time student shall be considered one-half (1/2) of a full-time equivalent student; and(c) One (1) online student shall be considered one-fourth (1/4) of a full-time equivalent student.(3) For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings ascribed herein:(a) "MAICU Grant Program" shall mean the Mississippi Association of Independent Colleges and Universities (MAICU) Infrastructure Grant Program.(b) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.(c) "State Recovery Funds" shall mean 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" shall mean the Department of Finance and Administration.(4) On or before July 1, 2022, the Mississippi Department of Finance and Administration shall promulgate rules and regulations necessary to administer the MAICU Grant Program prescribed under this section, including application procedures and deadlines.(5) Funds under the MAICU Grant 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.(6) The boards of trustees of the respective members of the Mississippi Association of Independent Colleges and Universities (MAICU) may submit an application for grant funds under this section. Applicants shall certify to the Department of Finance and Administration 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 State Coronavirus State Fiscal Recovery Funds. Subsequent submissions will be due by the dates established by the department.(7) 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 projects; estimated project cost; estimated project schedule; and readiness to proceed. The Mississippi Department of Finance and Administration is authorized to accept additional rounds of grant proposals for application consideration as needed.(8) Applications shall be reviewed, and the Mississippi Department of Finance and Administration shall certify that each project submitted is eligible under the American Rescue Plan Act 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 the American Rescue Plan Act and all applicable guidance issued by the United States Department of the Treasury. Grant agreements shall be executed between the recipient and the Mississippi Department of Finance and Administration. All final awards will 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.(9) Grant requirements shall be used prospectively and grants are not available to cover the costs of debt incurred prior to the enactment of this program.(10)(a) There is hereby created in the State Treasury a special fund to be known as the "Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund," which shall consist of funds appropriated by the Legislature from federal American Rescue Plan Act (ARPA) monies or other available federal grant funds for the purposes of awarding grants under this section. Unexpended amounts remaining in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund. The expenditure of monies in the Mississippi Association of Independent Colleges and Universities (MAICU) Grant Program Fund shall be under the direction of the Mississippi Department of Finance and Administration;(b) All monies shall be disbursed from the fund created in this subsection shall be in compliance with the guidelines, guidance, rules, regulations or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies received by or on behalf of the State of Mississippi through the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021 (Public Law No. 117-2). Unexpended amounts remaining in the funds at the end of a fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any investment earnings or interest earned on amounts in the program fund shall be deposited to the credit of COVID-19 Hospital Expanded Capacity Program Fund;(c) If there are unobligated Coronavirus State Fiscal Recovery Fund monies remaining in the fund created in this section, on the later of December 17, 2024, or fourteen (14) days prior to the fund obligation deadline provided by the federal government, the Department of Finance and Administration shall transfer these unobligated balances to the Coronavirus State Fiscal Recovery Fund. The Department of Finance and Administration shall then transfer the unobligated balance of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the State and School Employees' Life and Health Insurance Fund for an amount not to exceed the lesser of Ten Million Dollars ($10,000,000.00) or the amount of allowable ARPA expenditures, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government. The Department of Finance and Administration shall then transfer all remaining unobligated balances of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the Unemployment Compensation Fund up to the ARPA allowable amount, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government; and(d) The use of funds allocated under this program 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. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this section shall return to the state all or a portion of the funds received.(11) The department shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report. 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.(12) Grant funds shall be available under this section through December 31, 2026. Each grant recipient shall certify for any project that a grant is awarded that in the event 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 through any other funds available.(13) The Mississippi Department of Finance and Administration may retain an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) of the total funds allocated to the program to defray administrative costs.(14) This section shall stand repealed on July 1, 2026.Added by Laws, 2022, ch. 500, SB 2700,§ 2, eff. 7/1/2022.