MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

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

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2000.

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, 1999, and ending June 30, 2000

$ 17,414,882.00.

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, 1999, and ending June 30, 2000

$ 88,934,029.00.

SECTION 3. With the funds appropriated under the provisions of Section 1 and Section 2, the following funding levels and positions are authorized for the respective divisions or offices:

ENVIRONMENTAL QUALITY - ADMINISTRATIVE SERVICES

FUNDING:

General Funds $ 2,116,132.00

Special Funds 4,272,265.00

Total $ 6,388,397.00

AUTHORIZED POSITIONS:

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

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

Time-Limited: Full Time. . . . . . . . . 43

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

OFFICE OF GEOLOGY AND ENERGY RESOURCES

FUNDING:

General Funds $ 1,582,695.00

Special Funds 671,866.00

Total $ 2,254,561.00

AUTHORIZED POSITIONS:

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

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

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

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

OFFICE OF LAND AND WATER RESOURCES

FUNDING:

General Funds $ 2,609,062.00

Special Funds 0.00

Total $ 2,609,062.00

AUTHORIZED POSITIONS:

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

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

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

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

OFFICE OF POLLUTION CONTROL

FUNDING:

General Funds $ 10,316,993.00

Special Funds 41,211,245.00

Total $ 51,528,238.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 207

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

Time-Limited: Full Time. . . . . . . . . 172

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

STATE REVOLVING LOAN PROGRAM

FUNDING:

General Funds $ 790,000.00

Special Funds 42,778,653.00

Total $ 43,568,653.00

AUTHORIZED POSITIONS:

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

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

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

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.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi 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:

FY00

Performance Measures Target

Pollution Control

Air-compliance assurance activities (actions) 1730

Air-permits issued (permits) 444

Asbestos-persons certified (persons) 1,000

RCRA-inspections (actions) 80

RCRA-permit actions taken (actions) 10

Uncontrolled sites (sites) 201

WST tires-compliance assurance (actions) 320

SLD Waste-permits processed (permits) 140

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

Test/data collection wells (wells) 2,500

Water levels measured (actions) 100

Dams inspected (dams) 100

Driller license issued (licenses) 200

Water withdrawal permits issued (permits) 2,000

Geology

Leases/permits issued (items) 3

Publications issued (documents) 25

Test holes drilled (tests) 24

Quadrangles mapped (sites) 9

Mines inspected (mines) 1,250

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 2001.

SECTION 7. 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 15th of the month prior to the effective date of the transfer.

SECTION 8. Of the funds appropriated in Section 2 and allocated in Section 3, an amount no greater than One Hundred Fifty Thousand Dollars ($150,000.00) shall be derived from the Pollution Emergency Fund within the Pollution Operating Fund for transfer to the Department of Environmental Quality - Office of Administrative Services for support of Legal Division Environmental Protection activities.

SECTION 9. 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 10. This act shall take effect and be in force from and after July 1, 1999.