2004 Regular Session
By: Representative Green, McBride, Frierson, Gadd, Middleton, Pierce
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2005.
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, 2004, and ending June 30, 2005...
............................................ $ 11,521,271.00.
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, 2004, and ending June 30, 2005..................................................
............................................ $ 126,806,452.00.
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 major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Salaries, Wages and Fringe Benefits$ 27,275,158.00
Travel and Subsistence.............. 565,418.00
Contractual Services..................... 24,063,648.00
Other Than Equipment................ 0.00
Subsidies, Loans and Grants.............. 84,473,638.00
Total.............................. $ 138,327,723.00
General Funds........................... $ 11,521,271.00
Special Funds............................ 126,806,452.00
Total.............................. $ 138,327,723.00
Permanent: Full Time........... 297
Part Time........... 0
Time-Limited:Full Time........... 224
Part Time........... 0
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
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 intention of the Legislature that the Department of Environmental Quality shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.
SECTION 5. 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:
Performance Measures Target
Air-Compliance Assurance Activities (Actions) 1,100
Air-Permits Issued (Permits) 300
Asbestos-Persons Certified (Persons) 1,300
RCRA-Inspections (Actions) 145
RCRA-Permit Actions Taken (Actions) 4
Wst Tires-Compliance Assurance (Actions) 475
Sld Waste-Permits Processed (Permits) 65
SRF Water-Inspections (Sites) 1,850
SRF Water-NPDES Permits Issued (Permits) 250
SRF Admin-Fed/State Match Funds (percent) 90
Federal/State Match Funds Awarded (percent) 90
Recipient Compliance with Loan Agreement 90
Land & Water
Water Levels Measured (Actions) 1,000
Test/Data Collection Wells 2,500
Water Withdrawal Permits Issued 1,200
Driller Licenses Issued 300
Dams Inspected 150
Leases/Permits Issued 2
Quadrangles Mapped (Sites) 8
Test Holes Drilled 12
Mines Inspected 1,000
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 2006.
SECTION 6. 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 7. 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 8. Of the funds appropriated in Section 2 and allocated in Section 3, an amount no greater than Three Hundred Twenty Thousand Dollars ($320,000.00) shall be derived from the Pollution Emergency Fund within the Pollution Operating Fund and shall be transferred to the Department of Finance and Administration.
SECTION 9. 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 10. Of the funds appropriated in Section 2 and allocated in Section 3, an amount no greater than Fifty Thousand Dollars ($50,000.00) shall be derived from the Pollution Emergency Fund within the Pollution Operating Fund for transfer to the Department of Environmental Quality - Office of Pollution Control for support of the Household Hazardous Waste Collection Grants Program.
SECTION 11. It is the intention of the Legislature that the Executive Director of the Department of Environmental Quality may authorize increases in major objects of expenditure in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 12. With the funds appropriated herein, the Department of Environmental Quality is authorized to make payment for expenses incurred during previous fiscal years as follows:
Vendor Fiscal Year Amount
Buford Plumbing and
Heating Company 2002 $ 586.99
USDA - NASS 2002 $ 60.00
SECTION 13. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."
SECTION 14. 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 15. This act shall take effect and be in force from and after July 1, 2004.