33 Miss. Code. R. 18-V

Current through October 31, 2024
Section 33-18-V - Set-Aside Activities

The SDWA allows each state to set-aside up to 31 percent of its federal Cap grant to support non-project-related drinking water programs which includes administration of the loan program, technical assistance to public water systems, state program management, and other special activities. The FFY-2023 LSLR Capitalization Grant amount of $28,650,000, the state plans to use $5,104,406 of the FFY-2023 LSLR Capitalization grant to support set-aside activities, further defined in the following Sections A through D. These non-project-related programs will be operated by MSDH within the agency itself or through contracts with other agencies or organizations. Contracts between the MSDH and other agencies or organizations will be approved by the Board. Work plans showing how the set-asides funds will be expended are included as appendices within this LSLR IUP; additionally, progress reports will be included in the Annual Report.

A.Administration

The SDWA-DWSRF amendments in the 2017 Water Infrastructure Improvements for the Nation Act (Pub. L. 114-332) (2017 WIIN Act - EPA memorandum dated June 6,2017) states that the Administrative Set-Asides that can be taken the greatest of: $400,000, 1/5 percent of the current valuation of the fund, or an amount equal to 4 percent of all grant awards to the fund for the fiscal year. The EPA Combined SRF BIL Implementation Memo dated March 8, 2022, states that set-asides for the LSLR Cap Grant are consistent with the DWSRF regulations. The State plans to use the maximum allowable (4%) for "Administrative" purposes from the FFY-2023 LSLR Cap Grant.

The state will continue to exercise its right to reserve the administrative amounts from previous Cap Grants. Reserving the previous years' 4% administrative set-aside can ensure that the Program will continue to operate with an adequate DWSIRLF staff for proper management of the Program.

B.Small System Technical Assistance

The state will use the Small Systems Technical Assistance (up to 2%) set-aside from the BIL LSLR FFY-2023 Cap Grant to provide funding for LSL inventories to ultra small systems serving 750 connection or less. With approval by the Board, the state intends to use this set-aside to fund a contract for providing professional services for lead service line inventories to water systems with connections of less than 750. This assistance with lead service line inventories will be available on a first-come, first-serve basis to water systems serving connections of 750 or less. More detail is provided in the State of Mississippi's Set-Aside Work Plan included as Appendix E to this IUP.

C.State Program Management

At this time, the state does not intend to use the 10% set-aside from the FFY-2023 LSLR Cap grant, as authorized by Section 1452(g)(2) of the Safe Drinking Water Act of 1996 for State Program Management related to LCRR and LSLR. The program reserves the right to utilize these funds for Public Water System Supervision (PWSS) activities conducted under Section 1443(a) of the Act from future LSLR related grant provide through the Bipartisan Infrastructure Law.

D.Local Assistance and Other State Programs

The state intends to use the of the 15% set-aside amount allowed for Local Assistance from the FFY-2023 BIL LSLR Cap grant to provide funding for LSL inventories to public water systems serving varying levels of connections as outline in the attached workplan.

With approval by the Board, the state intends to use this set-aside to fund contract(s) for providing professional services for lead service line inventories to water systems of three separate size categories: A.) small systems serving connections of less than 750 with Small System Technical Assistance set-aside. B.) medium systems serving connections of greater than 750 but less than 5,000 (not to exceed 10% of the allotment) and C) large system serving connections of greater than 5,000 (not to exceed 10% of the allotment). This assistance with lead service line inventories will be available on a first-come, first-serve basis to water systems serving a population that falls within the three size categories as defined in this section. The State of Mississippi's Set-aside Work Plan is included as Appendix E.

33 Miss. Code. R. 18-V

Adopted 5/6/2024
Amended 8/1/2024