Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 20 - Bureau of Public Water Supply
Subpart 72 - Public Water Supply
Chapter 5 - REGULATIONS GOVERNING AMERICAN RESCUE PLAN ACT RURAL WATER ASSOCIATIONS INFRASTRUCTURE GRANT PROGRAM
Subchapter 4 - Costs
Rule 15-20-72-5.4.8 - Real Property
Universal Citation: MS Code of Rules 15-20-72-5.4.8
Current through September 24, 2024
1. Allowable costs include the costs of:
A. Land acquired in fee
simple title or by easement, from a willing seller, for:
(i) Water supply and/or storage
purposes;
(ii) A consolidation
project; and
(iii) Protection of
the source water of the system from contamination.
B. Preparation of the treatment works site
before, during and, to the extent agreed on in the Grant agreement, after
building. These include the cost of:
(i)
Demolition of existing structures on the treatment works site (including
rights-of-way) if building cannot be undertaken without such demolition.
Demolition of existing structures on the treatment works site (including
rights-of- way), when not required for building the project, will be considered
to be an allowable cost only if the existing structures constitute a real and
present hazard to safety, public health, or water quality and when the hazard
can best be abated by the removal of the existing structures.
(ii) Removal, relocation, or replacement of
utilities, provided the Grant recipient is legally obligated to pay for such as
a result of the ARPA RWAIG project under state or local law.
(iii) Restoration of streets and
rights-of-way to their original condition. The need for such restoration shall
result directly from the construction of the ARPA RWAIG project and is
generally limited to repaving the width of trench.
2. Unallowable costs include the costs of:
A. Any amount paid by the Grant
recipient for eligible land in excess of the appraised value or the Grant
recipient's record of negotiation.
An amount higher than the appraised value may be found allowable if the Grant recipient provides sufficient written documentation to the Department and receives allowability approval prior to the actual acquisition.
B. Removal,
relocation or replacement of utilities located on land by privilege, such as a
franchise, unless the Grant recipient is required to pay such costs under state
or local law.
C. Land acquired in
fee simple title or by easements for land other than that described under
H.(1)(a) above, such as easements for the purpose of water distribution system
expansion or improvement.
D. The
demolition of an existing structure for the convenience of the owner as a means
of increasing property value or property use.
House Bill 1421, 2022 Regular Session & Senate Bill 2444, 2023 Regular Session of the MS Legislature
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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