MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

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

House Bill 1726

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 1999. 

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, 1998, and ending June 30, 1999

$ 13,613,534.00.

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, 1998, and ending June 30, 1999

$ 81,518,046.00.

SECTION 3. With the funds appropriated under the provisions of Section 1 and Section 2, the following positions are authorized for the respective division or office:

ENVIRONMENTAL QUALITY - ADMINISTRATIVE SERVICES

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 43

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

Time-Limited: Full Time. . . . . . . . . 42

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

OFFICE OF GEOLOGY AND ENERGY RESOURCES

AUTHORIZED POSITIONS:

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

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

Time-Limited: Full Time. . . . . . . . . 8

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

OFFICE OF LAND AND WATER RESOURCES

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 31

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

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

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

OFFICE OF POLLUTION CONTROL

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 176

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

Time-Limited: Full Time. . . . . . . . . 182

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

From the funds provided herein, funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein. Unless otherwise permitted by law, no single event, including appointment, promotion, reclassification, reallocation, or other employee salary increase shall exceed the greater of (1) the difference between the starting salary of the current classification and the new classification added to the current salary, (2) one-half the relative distance into the current salary range added to the starting salary of the new salary range, or (3) the salary that could be paid to a newly hired employee.

(b) Funds are provided herein to implement the Information Technology Special Compensation Plan as approved by the State Personnel Board.

(c) Funds are provided herein to fund MH-Direct Care Worker classification increases resulting from implementing the provisions of Senate Bill No. 2100 passed by the 1997 Legislature.

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 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 through 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:

FY99

Performance Measures Target

Pollution Control

Air-compliance assurance activities (actions) 1755

Air-permits issued (permits) 403

Asbestos-persons certified (persons) 1,000

RCRA-inspections (actions) 80

RCRA-permit actions taken (actions) 10

WST tires-compliance assurance (actions) 400

SLD Waste-permits processed (permits) 185

SRF Water-inspections (sites) 2,410

SRF Water-NPDES permits issued (permits) 236

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) 100

Test/data collection wells (wells) 2,500

Water withdrawal permits issued (permits) 2,000

Driller license issued (licenses) 200

Dams inspected (dams) 100

Geology

Leases/permits issued (items) 3

Publications issued (documents) 26

Test holes drilled (tests) 24

Quadrangles mapped (sites) 12

Mines inspected (mines) 1,245

Administrative Services

Fees collected (dollars) 40,000,000

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 2000.

SECTION 7. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, 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, 1998.