MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Representatives Brown, Denny, Flaggs, Henderson (9th), Short

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 1998.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Department of Environmental Quality for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 13,525,756.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Environmental Quality which is comprised of special source funds collected by or otherwise available to the department, for the support of the various offices of the department for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 81,648,847.00.

SECTION 3. Of the funds appropriated under the provisions of Section 1 and Section 2, not more than the amounts set forth below shall be expended for the respective division or office:

ENVIRONMENTAL QUALITY - ADMINISTRATIVE SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 3,168,147.00

Travel and Subsistence 97,425.00

Contractual Services 1,776,667.00

Commodities 100,049.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 187,745.00

Subsidies, Loans and Grants 248,513.00

Total $ 5,578,546.00

FUNDING:

General Funds $ 1,918,460.00

Special Funds 3,660,086.00

Total $ 5,578,546.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 41

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 39

Part Time. . . . . . . . . 0

OFFICE OF GEOLOGY AND ENERGY RESOURCES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 1,540,493.00

Travel and Subsistence 36,710.00

Contractual Services 194,657.00

Commodities 76,652.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 264,238.00

Subsidies, Loans and Grants 50,161.00

Total $ 2,162,911.00

FUNDING:

General Funds $ 1,482,931.00

Special Funds 679,980.00

Total $ 2,162,911.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 32

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 7

Part Time. . . . . . . . . 0

OFFICE OF LAND AND WATER RESOURCES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 1,340,930.00

Travel and Subsistence 40,000.00

Contractual Services 1,007,700.00

Commodities 55,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 146,362.00

Subsidies, Loans and Grants 808.00

Total $ 2,590,800.00

FUNDING:

General Funds $ 2,540,429.00

Special Funds 50,371.00

Total $ 2,590,800.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 33

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

OFFICE OF POLLUTION CONTROL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 15,842,452.00

Travel and Subsistence 596,905.00

Contractual Services 7,687,820.00

Commodities 710,174.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 1,973,287.00

Subsidies, Loans and Grants 17,763,055.00

Total $ 44,573,693.00

FUNDING:

General Funds $ 6,793,936.00

Special Funds 37,779,757.00

Total $ 44,573,693.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 180

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 185

Part Time. . . . . . . . . 0

ENVIRONMENTAL QUALITY - STATE REVOLVING LOAN PROGRAM

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 0.00

Travel and Subsistence 0.00

Contractual Services 0.00

Commodities 0.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 0.00

Subsidies, Loans and Grants 40,268,653.00

Total $ 40,268,653.00

FUNDING:

General Funds $ 790,000.00

Special Funds 39,478,653.00

Total $ 40,268,653.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with policies established by the State Personnel Board and any conditions placed on such expenditure:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds shall be used to fund the "Realignment" component at the requirement established by the State Personnel Board.

(c) Subsequent to the application of Realignment, as specified in Subparagraph (b), above, funds shall be used to provide all eligible state employees employed on or before June 30, 1996, a Three Hundred Dollar ($300.00) "In-Service" COLA base salary increase effective July 1, 1997.

(d) All eligible state employees employed on or before June 30, 1996, shall receive a one percent (1%) salary increase on the first day of the month following their anniversary hire date.

(e) To be eligible for the salary increases specified in Subparagraphs (c) and (d), above, employees must have a current overall performance appraisal rating of "meets expectations" (2.0), or above, on the effective date of the increase. Employees who, subsequent to their eligibility date, receive a performance appraisal rating of "meets expectations" (2.0), or above, during Fiscal Year 1998 shall receive the salary increase effective the date of the rating. If an eligible employee is currently at or above end step for his or her job classification, or should this salary increase cause an eligible employee's salary to exceed end step, that portion of the increase exceeding end step shall be built into the employee's base salary.

It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 1999 do not exceed Fiscal Year 1998 funds appropriated for that purpose unless programs and/or positions are added to the agency's budget by the Mississippi Legislature.

It is the intention of the Legislature that the Executive Director of the Department of Environmental Quality may transfer between the various offices authorized herein both funds and positions not to exceed five percent (5%) of the total funds authorized in Sections 1 and 2 and all positions authorized in Section 3. The Executive Director of the Department of Environmental Quality shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

Unless expressly authorized herein by the Legislature, no funds appropriated to be expended for travel and subsistence shall be expended to pay expenses incurred by more than four (4) employees or other representatives of the agency for attending the same conference, seminar or workshop, either in-state or out-of-state; however, such funds may be expended for expenses incurred by more than four (4) employees or other representatives for attendance at the same conference, seminar or workshop (a) if attendance is required in order to maintain professional certification or licensure, which certification or licensure is required by the employees' job descriptions or by law, or (b) if such expenditure has received the prior written approval of the Department of Finance and Administration.

SECTION 4. It is the intent of the Legislature that the Department of Environmental Quality shall have authority to escalate the various budgets in both funds and positions, with the approval of the State Fiscal Officer, from any special funds collected or available, in the current fiscal year or any prior fiscal year, not to exceed Five Million Dollars ($5,000,000.00), to the agency for expenditure. Upon such approval, the Department of Environmental Quality may expend such funds in the manner authorized by law.

The Executive Director of the Department of Environmental Quality shall submit to the Department of Finance and Administration a certified statement providing a detailed explanation for any escalation, including a justification for the establishment of any new positions or reclassification of existing positions and the existence of any required matching funds for those positions, and an assessment of the impact on the agency's general fund budget for the three (3) fiscal years following the fiscal year in which the escalation is requested.

SECTION 5. It shall be unlawful for any officer, employee or other person whatsoever to use or permit or authorize the use of any automobile or any other motor vehicle owned by the State of Mississippi or any department, agency or institution thereof for any purpose other than upon the official business of the State of Mississippi or any agency, department or institution thereof.

It is the intent of the Legislature that motor vehicles authorized to be owned and operated by this agency shall comply with Sections 25-1-77 to 25-1-93, Mississippi Code of 1972.

SECTION 6. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY98

Pollution Control

Air-compliance assurance activities (actions) 895

Air-permits issued (permits) 360

Asbestos-persons certified (persons) 1,045

RCRA-inspections (actions) 85

RCRA-permit actions taken (actions) 6

Uncontrolled sites (sites) 110

WST tires-compliance assurance (actions) 350

SLD Waste-permits processed (permits) 165

SRF Water-inspections (sites) 1,203

SRF Water-NPDES permits issued (permits) 180

SRF Admin-Fed/State Match Funds (%) 90

Construction Grants

Federal/State Match Funds Awarded (%) 90

Recipient compliance with loan agreement (%) 90

Land and Water

Water levels measured (actions) 2,200

Test/data collection wells (wells) 3,300

Water withdrawal permits issued (permits) 1,500

Driller license issued (licenses) 200

Dams inspected (dams) 100

Geology

Leases/permits issued (items) 3

Publications issued (documents) 24

Test holes drilled (tests) 21

Quadrangles mapped (sites) 6

Mines inspected (mines) 1,190

Administrative Services

Fees collected (dollars) 35,000,000.00

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 1999.

SECTION 7. The money appropriated under the provisions of Section 1 shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, and the money appropriated under the provisions of Section 2 shall be paid by the State Treasurer out of any money in the proper special funds to the credit of the Department of Environmental Quality, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 8. This act shall take effect and be in force from and after July 1, 1997.