MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Appropriations

By: Representatives Read, Eure, Barton, Bennett, Busby, Clarke, Haney, Anderson (110th)

House Bill 1412

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE DEPARTMENT OF MARINE RESOURCES 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 support and maintenance of the Department of Marine Resources for the fiscal year beginning July 1, 2021, and ending June 30, 2022...........................................

............................................ $     1,079,426.00.

SECTION 2.  The following sum, or so much thereof as may be necessary, is appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Marine Resources for the fiscal year beginning July 1, 2021, and ending June 30, 2022 $    92,536,490.00.

     Of the funds appropriated in this section, Three Million Fifty Thousand Dollars ($3,050,000.00) is derived from the state excise taxes upon gasoline, oil and other petroleum products.

SECTION 3.  Of the funds appropriated under the provisions of this act, the following positions are authorized:

  AUTHORIZED POSITIONS:

Permanent:     Full Time............      104

Part Time............        0

Time-Limited:  Full Time............       75

Part Time............        0

     Each Marine Conservation Officer and Supervisor shall be furnished an allowance for uniforms not to exceed Six Hundred Dollars ($600.00) per annum.

     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.  It is the intention of the Legislature that the Department of Marine Resources 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 5.  In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Tidelands Fund No. 3345200000 to the Department of Marine Resources for the purpose of defraying the expenses of the tidelands projects for the fiscal year beginning July 1, 2021, and ending June 30, 2022.... $    12,226,497.00.

PROJECT NO.          PUBLIC ACCESS PROJECTS                AMOUNT

Harrison County:

FY22-P601-11   Eagle Point Park

               - City of Biloxi................... $   125,000.00

FY22-P601-08   Hiller Park Boat Launch

               - City of Biloxi................... $   150,000.00

FY22-P601-06   Kuhn St. Boat Launch

               - City of Biloxi................... $   450,000.00

FY22-P601-10   Causeway Park Floating Dock Project

               - City of Biloxi................... $   200,000.00

FY22-P603-06   Bernard Bayou James Hill Park

               Site Improvements

               -City of Gulfport.................. $   200,000.00

FY22-P603-04   Courthouse Rd Boat Launch

               Maintenance Dredge

               -City of Gulfport ................. $   250,000.00

FY22-P613-05   Long Beach Harbor Improvements

               -City of Long Beach................ $    25,000.00

FY22-P600-03   West Small Craft Harbor Improvements

               -City of Pass Christian............ $   270,000.00

FY22-P511-07   D’Iberville Working Waterfront

               Harbor Marina Public Access

               -City of D’Iberville............... $   400,000.00

FY22-P999-07   Applications Maritime Classroom

               -Harrison County Board of

               Supervisors........................ $   100,000.00

FY22-P999-04   MS Coastal Map

               -South Mississippi Planning and

               Development District............... $   150,000.00

Jackson County:

FY22-P412-03   East Beach Accessibility Phase II

               -City of Ocean Springs............. $   234,000.00

FY22-P602-12   Racetrack Road Boat Launch

               -Jackson County Board of Supervisors $   150,000.00

FY22-P618-05   Shepard State Park Upgrades Project

               - City of Gautier.................. $   250,000.00

FY22-P618-04   Mary Walker Bayou Parks Project

               -City of Gautier .................. $   250,000.00

FY22-P604-08   Improvements to Point Park

               Boardwalk and Piers

               -City of Pascagoula ............... $   400,000.00

FY22-P501-03   Highway 613 Sunset Pier and

               Sidewalk Extension

               -City of Moss Point................ $   403,450.00

FY22-P606-03   Estuarine Education Center Comfort

               Station

               -Mississippi Gulf Coast Community

               College............................ $   100,000.00

FY22-M648-32   USM/GCRL Marine Education Center

               Pier and Kayak Launch

               -University of Southern

               Mississippi ....................... $   335,000.00

Hancock County:

FY22-P401-03   Bayou La Croix Boat Launch Ward 6

               -City of Bay St. Louis............. $   200,000.00

FY22-P626-04   Boat Launch Marina Planning

               Assistance

               -City of Waveland.................. $   300,000.00

FY22-P510-03   Diamondhead Noma Drive Public

               Access Improvements

               -City of Diamondhead .............. $   400,000.00

FY22-P610-04   Clermont Harbor Pier Expansion

               -Hancock County Board of

               Supervisors........................ $   451,000.00

Seafood Museum Hurricane Zeta Schooner Pier Repair

               -City of Biloxi ................... $   241,000.00

Long Beach Pavilion, Harbor and Volleyball Area

               -Harrison County Board of

               Supervisors........................ $   375,000.00

Marine Patrol Equipment

               -Department of Marine Resources.... $   200,000.00

Oceans Springs Sidewalk Project

               -City of Ocean Springs............. $   200,000.00

Total Public Access Projects...................... $ 6,809,450.00

Total Management Projects......................... $ 3,217,047.00

Bond Repayment  .................................. $ 1,200,000.00

Prior Year Projects .............................. $ 1,000,000.00

Total Tidelands Funds:............................ $12,226,497.00

Each political subdivision receiving funds authorized in this section shall be held responsible for complying with Section 29-15-9, Mississippi Code of 1972, and shall be subject to an audit by the State Auditor and shall submit detailed reports beginning June 30, and every six (6) months thereafter for the duration of the project to the Department of Marine Resources on how funds authorized in this section were expended.

     It is the intention of the Legislature that any political subdivision seeking to qualify for tidelands funds for the subsequent fiscal year shall submit a proposal to the Department of Marine Resources no later than July 1, 2021.  All proposals submitted will be reviewed and evaluated by the Department of Marine Resources in accordance to department plans and procedures. Multiphased projects, multiyear projects, proposed projects with high dollar value and projects that have a record of stacking funds shall be considered as low priority projects when evaluated.

     It is the intention of the Legislature that if the amount of the tidelands funds appropriated in this act exceed the actual amount of tidelands funds available, the available funds shall be allocated on a pro rata basis between projects listed in this section.

SECTION 6.  It is the intention of the Legislature that the department shall place any special trust funds appropriated to the department in a special trust fund and the interest earned on the principal shall be credited to the special trust fund.  Monies in the fund at the end of the fiscal year shall be retained in the special trust fund for use in the next succeeding fiscal year.  The department may use the interest earned on the fund to pay reasonable costs for administering the fund and related projects.

     SECTION 7.  It is the intention of the Legislature that the Department of Marine Resources has the authorization to move tidelands funds between approved projects upon request from entity and proper completion of Form TTF-6 documentation.

     SECTION 8. It is the intention of the Legislature that the Department of Marine Resources is hereby authorized to pay invoices submitted by the City of Long Beach, MS for reimbursement for prior fiscal year projects in an amount not to exceed Five Thousand Seven Hundred Fifty Dollars ($5,750.00).

     SECTION 9.  It is the intention of the Legislature for the Department of Marine Resources and the Department of Environmental Quality to continue with any agency partnerships, including grant agreements, that provide environmental projects to restore Mississippi’s natural resources in the wake of the Deepwater Horizon Oil Spill.

     SECTION 10.  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 11.  Of the funds appropriated in Section 2, Forty-Three Million One Hundred Eleven Thousand Five Hundred Ninety Dollars ($43,111,590.00) is provided for the funding of the following Gulf of Mexico Energy Security Act (GOMESA) projects for FY 2022:

(a) To assist the University of Southern

Mississippi with the Ocean Enterprise

Project...................................... $ 4,990,274.00

(b) To assist the Audubon of Mississippi

through the Department of Marine Resources

for the Audubon Mississippi Coastal

Conservation project......................... $   225,493.00

(c) To assist the City of Biloxi with the

East Biloxi Boardwalk........................ $ 1,901,538.00

(d) To assist the City of Biloxi with the

East Biloxi Boardwalk sand re-nourishment..... $ 1,000,000.00

(e) To assist the Department of Marine

Resources with the Coffee Creek Outfall....... $ 1,732,759.00

(f) To assist the Department of Marine

Resources with the Coffee Creek water

quality...................................... $   509,764.00

(g) To assist the Department of Wildlife,

Fisheries and Parks with the Buccaneer

State Park................................... $ 1,957,424.00

(h) To assist the City of Biloxi with the

Bayview Avenue Boardwalk..................... $ 2,645,630.00

(i) To assist the City of Bay St. Louis with

the Ward 6 Boat Launch, Public Water Access

and Restroom Facility........................ $   271,951.00

(j) To assist Harrison County with the Sea

Oats and Sand Dunes Creation................. $   105,000.00

(k) To assist the Department of Marine

Resources with the Infinity Science Center.... $   470,267.00

(l) To assist Mississippi State University

with the IMMS Evaluation Study................ $   803,657.00

(m) To assist Jackson County Board of

Supervisors with the Front Beach Erosion

Control...................................... $ 1,742,568.00

(n) To assist the University of Southern

Mississippi with the Aquaculture Depth

Control Unit................................. $    12,790.00

(o) To assist the Department of Marine

Resources with GOMESA project management,

development and mitigation................... $   218,516.00

(p) To assist the Department of Marine

Resources with an oyster plant................ $ 2,000,000.00

(q) To assist the Department of Marine

Resources with the Shellfish Water

Quality Testing.............................. $    87,598.00

(r) To assist the Department of Marine

Resources with artificial reef Construction... $   753,014.00

(s) To assist the Department of Marine

Resources with the oyster clutch.............. $   503,384.00

(t) To assist the Department of Environmental

Quality with water quality................... $   996,285.00

(u) To assist Hancock County with Water

Sewer Force Crossing......................... $   243,223.00

(v) To assist the Department of Marine

Resources with Bonnet Carre Response.......... $   250,000.00

(w) To assist Jackson County with a Watershed

Development Plan............................. $   450,000.00

(x) To assist the City of Diamondhead with

Marsh Erosion Prevention..................... $   495,000.00

(y) To assist the City of Diamondhead with

Sewer Improvements........................... $   831,600.00

(z) To assist the City of Pass Christian with

Sanitary Sewer Pump Station Repairs........... $   967,575.00

(aa) To assist Hancock County with Atlantic

Street Sewer Improvements.................... $ 2,721,150.00

(bb) To assist the City of Long Beach with

Small Craft Harbor SE Bulkhead Improvements... $ 2,188,000.00

(cc) To assist the Kiln Utility District with

the Jordan River Shores Sewer Force Main

Relocation................................... $   410,000.00

(dd) To assist the City of Biloxi with

the Point Cadet Living Shoreline.............. $   800,000.00

(ee) To assist the Department of Marine

Resources for Oyster Restoration and

Enhancement.................................. $   466,675.00

(ff) To assist the Department of Marine

Resources with MS Reef Fish Monitoring and

Assessment................................... $   120,000.00

(gg) To assist Hancock County Utility

Authority with Oak Harbor Sewer Improvements.. $ 2,811,548.00

(hh) To assist Hancock County Port and Harbor

Commission with Port Bienville Conservation

Management................................... $   510,200.00

(ii) To assist the City of Gautier with Water

Quality and Infrastructure Sanitary Sewer..... $ 2,668,265.00

(jj) To assist the City of Pascagoula with

Buena Vista Area Drainage.................... $   915,000.00

(kk) To assist the City of Pass Christian with

Gravity Sewer System Improvements Phase I..... $ 1,744,319.00

(ll) To assist the City of Pascagoula with

Point Park Pier Repair/Improvements........... $   510,000.00

(mm) To assist the Department of Marine

Resources with the Railroad Corner Beneficial

Use Site..................................... $   236,900.00

(nn) To assist the University of Southern

Mississippi with Collection of

Fishery-Dependent information on Blue Crabs... $   244,223.00

(oo) To assist the Department of Marine

Resources with administrative expenses........ $   600,000.00

     SECTION 12. It is the intent of the Legislature that the Department of Marine Resources shall have the authority to expend funds in an amount not to exceed Seventeen Million Dollars ($17,000,000.00) from funds for the Gulf of Mexico Energy Security Act (GOMESA) that may become available to the agency in fiscal year 2022 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

     SECTION 13.  It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees.  Such utilities shall include electricity, natural gas, butane, propane, cable and phone services.  Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent.  Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences.  Allowances for such utilities shall be prohibited.

     SECTION 14.  It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

     SECTION 15.  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 16.  This act shall take effect and be in force from and after July 1, 2021.