MISSISSIPPI LEGISLATURE

2025 1st Extraordinary Session

To: Appropriations A

By: Representatives Bounds, Anderson (122nd), Clark, Eure, Hale, Jackson (11th), Paden, Pigott, Read

House Bill 12

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE PUBLIC SERVICE COMMISSION FOR THE FISCAL YEAR 2026.

     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, 2025, and ending June 30, 2026..........................

............................................ $     5,050,924.00.

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, 2025, and ending June 30, 2026..................................................

............................................ $       464,494.00.

     SECTION 3.  Of the funds appropriated under the provisions of this act, not more than the following amount of funds, with the exception of the provisions in this section, shall be expended only for “Personal Services,” which includes “Vacancy Funding,” for the following authorized number of employment headcount:

     FUNDING:

          General Funds:               $  4,485,084.00

          Special Funds:               $          0.00

          Total Funds:                 $  4,485,084.00

     PERSONAL SERVICES:

          Employee Salaries, Wages, and

            Fringe Benefits:            $  4,302,988.00

          Progressions:                $          0.00

          Vacancy Funding:             $    182,096.00

          Total Personal Services:      $  4,485,084.00

     AUTHORIZED HEADCOUNT:

          Permanent:                   51

          Time-Limited:                6

     As used in this section, the term “Personal Services” shall mean funds provided under the major object of expenditure category Personal Services for Salaries, Wages, and Fringe Benefits.  Funds in this category shall not be transferred to any other category.

     It is the intention of the Legislature to ensure compliance with the Variable Compensation Plan, as outlined in Section 25-9-147, Mississippi Code of 1972. Payment from these funds shall be in accordance with the Variable Compensation Plan promulgated by the Mississippi State Personnel Board. It is the Legislature’s intention that no employee’s salary falls below the minimum salary established by the Mississippi State Personnel Board.

     The State Personnel Board shall determine and publish the projected annual cost of “Personal Services” based on monthly and year-to-date payroll expenditures in compliance with the provisions of this act.

     With the funds herein appropriated, it shall be the agency’s responsibility to ensure that no single personnel action or combination of personnel actions, when annualized, exceeds the Fiscal Year 2026 appropriation for “Personal Services” with the exception of escalated funds. Further, it shall be the agency’s responsibility to ensure that funds required to be appropriated for “Personal Services” for Fiscal Year 2027 do not exceed Fiscal Year 2026 funds appropriated for that purpose unless programs or positions are added to the agency’s Fiscal Year 2026 budget by the Mississippi Legislature.

     If, at the time the agency takes any action to change “Personal Services,” the State Personnel Board determines that the agency has taken or will take an action that would cause the agency to exceed the funds appropriated in this act when annualized for Fiscal Year 2026 or increase the need for “Personal Services” for Fiscal Year 2027, when annualized, the State Personnel Board shall process no salary actions until such time as the requirements of the provisions of this section are met with the exception of new hires determined to be essential for the agency.

     When used in this section, “Vacancy Funding” shall mean funds included in the Total Personal Services amount listed above and designated for approved vacancies in Fiscal Year 2026. These funds are to be utilized to increase the number of filled headcounts that were authorized but unfilled as of the last day of Fiscal Year 2025. If the agency fills additional headcounts after May 1, 2025, until the end of Fiscal Year 2025, the amount of available Vacancy Funding may be proportionally reduced to reflect the updated number of filled headcounts. The agency shall be responsible for ensuring that “Vacancy Funding” is used to increase headcounts and not for promotions, title changes, in-range salary adjustments, or any other mechanism for increasing salaries for current employees.

     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 headcounts without proof of availability of new or additional funds above the appropriated level. Unless specifically noted, all Fiscal Year 2025 escalated headcounts have been accounted for and shall be converted to authorized time-limited headcounts.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds 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 the 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.

     If the agency’s total authorized headcount decreases from Fiscal Year 2025 to Fiscal Year 2026, it will be the agency’s discretion as to what headcounts are removed.

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:

                                                          FY2026

Performance Measures                                       Target

Utility Regulatory Services

     Number of Utility Docket Cases                           142

     Number of Utility Complaints                           4,600

     Electric Complaints as a Percent of Total               57.00

     Telecommunication Complaints as a

          Percent of Total                                  26.00

     Water Complaints as a Percent of Total                 12.00

     Gas Complaints as a Percent of Total                    4.00

     Sewer Complaints as a Percent 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)               11.55

     Average Price of Electricity per

          Kilowatt Hour in MS for Residential

          Customers, by Utility Type:  Electric

          Cooperatives (Cents/kWh)                          11.55

     Average Price of Electricity for

          Residential Customers in MS as a Percent

          of the 2020 National Average, 13.15

          Cents/kWh - Investor Owned Utilities               87.83

     Average Price of Electricity for

          Residential Customers in MS as a Percent

          of the 2020 National Average, 13.15

          Cents/kWh - Electric Cooperative                  87.83

     Average Monthly Residential Electric

          Usage in MS (kWh)                               1186.00

     Average Monthly Residential Electric

          Usage in MS as a Percent of the 2015

          National Average, 909 kWh                        128.00

     Number of Pipeline Inspections                           900

     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 2027.

     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 2025.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 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 2026 budget request process.

     SECTION 7.  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 8.  Of the funds appropriated under the provisions of Section 1 and Section 2, none shall be used to form a consumer advocacy division within the Public Service Commission, and none shall be used for the creation of new positions or the hiring of additional staff for a consumer advocacy division.

SECTION 9.  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 2025.  On or before August 1, 2025, the Public Service Commission shall report these findings to the House of Representatives' Public Utilities Committee, the Senate's Energy Committee, and the Legislative Budget Office.

     SECTION 10.  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 11.  This act shall take effect and be in force from and after July 1, 2025.