MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Appropriations
By: Representatives Read, Bounds, Arnold, Beckett, Eure, Hale, Mangold, Oliver, Turner
AN ACT MAKING AN APPROPRIATION FROM GENERAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI PUBLIC SERVICE COMMISSION FOR THE FISCAL YEAR 2022.
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 appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Public Service Commission for the fiscal year beginning July 1, 2021, and ending June 30, 2022..........................
............................................ $ 4,355,157.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Public Service Commission which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of defraying the expenses of the commission for the fiscal year beginning July 1, 2021, and ending June 30, 2022..................................................
............................................ $ 493,431.00.
SECTION 3. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 61
Part Time............ 6
Time-Limited: Full Time............ 5
Part Time............ 0
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2023 do not exceed Fiscal Year 2022 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2022 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. Absent a special situation or circumstance approved by the State Personnel Board, or unless otherwise authorized by this act, no state agency shall take any action to promote or otherwise award salary increases through reallocation or realignment. If the State Personnel Board determines a special situation or circumstance exists and approves an action, then the agency and the State Personnel Board shall provide a monthly report of each action approved by the State Personnel Board to the chairmen of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairmen of the Appropriations Committees of the Senate and House of Representatives. It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2022 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks. 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 2022 "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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service’s Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
Funds have been appropriated herein for the purpose of implementation and funding Project SEC2 of the Colonel Guy Groff State Variable Compensation Plan beginning January 1, 2022, and ending June 30, 2022. It shall be the agency’s responsibility to make certain that each person, excluding executive directors, agency heads, and elected judges, shall receive no more than a 3% annual increase in salary which shall not exceed the market rate established by the State Personnel Board pursuant to the Colonel Guy Groff State Variable Compensation Plan for each classification.
SECTION 4. 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:
FY2022
Performance Measures Target
Utility Regulatory Services
Utility Docket Cases (Number of) 240
Utility Complaints (Number of) 4,560
Electric Complaints as a Percentage of
Total (%) 48.00
Telecommunication Complaints as a
Percentage of Total (%) 32.00
Water Complaints as a Percentage of
Total (%) 10.00
Gas Complaints as a Percentage of Total (%) 8.00
Sewer Complaints as a Percentage of
Total (%) 1.00
Average Cost per Utility Complaint ($) 638.00
Time To Resolve Utility Complaints (Days) 3
Average Price of Electricity per
Kilowatt Hour in MS for Residential
Customers, by Utility Type:
Investor-Owned Utilities (Cents/kWh) 0.11
Average Price of Electricity per
Kilowatt Hour in MS for Residential
Customers, by Utility Type: Electric
Cooperatives (Cents/kWh) 0.11
Average Price of Electricity for
Residential Customers in MS as a
Percentage of the April 2016 National
Average, 12.43 Cents/kWh - Investor
Owned Utilities (%) 86.89
Average Price of Electricity for
Residential Customers in MS as a
Percentage of the April 2016 National
Average, 12.43 Cents/kWh - Electric
Cooperative (%) 95.14
Average Monthly Residential Electric
Usage in MS (kWh) 1,200
Average Monthly Residential Electric
Usage in MS as a Percentage of the 2015
National Average, 909 kWh (%) 135.00
Pipeline Inspections (Number of) 630
Average Cost per Pipeline Inspection ($) 883.00
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 2023.
SECTION 5. None of the funds herein appropriated by this act to the Public Service Commission shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Mississippi Public Service Commission that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.
SECTION 6. It is the intention of the Legislature that the Public Service Commission 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 2021. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2023 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 2022 budget request process.
SECTION 7. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Public Service Commission to administer the Mississippi Telephone Solicitation Act, for the fiscal year beginning July 1, 2021, and ending June 30, 2022.
.............................................. $ 66,372.00.
SECTION 8. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available, for the support and maintenance of the Public Service Commission to administer the Mississippi Telephone Solicitation Act for the fiscal year beginning July 1, 2021, and ending June 30, 2022..........................
.............................................. $ 287,121.00.
SECTION 9. Of the funds appropriated under the provisions of Section 8, Two Hundred Eighty-seven Thousand One Hundred Twenty-one Dollars ($287,121.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the State Treasurer. These funds are provided for development of a new No-Call database system.
SECTION 10. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2022
Performance Measures Target
Telephone "no-call"
No-Call Complaints (Number of) 15,425
Average Cost per No-Call Complaint ($) 20.00
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 2023.
SECTION 11. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 12. It is the intention of the Legislature that the Public Service Commission shall compile the amount of time that is expended on each regulated entity during Fiscal Year 2021. On or before August 1, 2021, the Public Service Commission shall report these findings to the House of Representatives' Public Utilities Committee.
SECTION 13. 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 14. This act shall take effect and be in force from and after July 1, 2021.