MISSISSIPPI LEGISLATURE

1998 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 1999. 

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, 1998, and ending June 30, 1999

$ 15,234,376.00.

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, 1998, and ending June 30, 1999

$ 82,302,970.00.

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 $ 2,043,365.00

Special Funds 4,043,735.00

Total $ 6,087,100.00

AUTHORIZED POSITIONS:

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

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

Time-Limited: Full Time. . . . . . . . . 42

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

OFFICE OF GEOLOGY AND ENERGY RESOURCES

FUNDING:

General Funds $ 1,519,337.00

Special Funds 662,557.00

Total Funds $ 2,181,894.00

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 $ 2,577,861.00

Special Funds 11,195.00

Total Funds $ 2,589,056.00

AUTHORIZED POSITIONS:

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

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

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

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

OFFICE OF POLLUTION CONTROL

FUNDING:

General Funds $ 8,303,813.00

Special Funds 38,106,830.00

Total Funds $ 46,410,643.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 206

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

Time-Limited: Full Time. . . . . . . . . 182

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

STATE REVOLVING LOAN PROGRAM

FUNDING:

General Funds $ 790,000.00

Special Funds 39,478,653.00

Total Funds $ 40,268,653.00

AUTHORIZED POSITIONS:

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

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

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

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

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," 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. Unless otherwise permitted by law, no single event, including promotion, reclassification or reallocation, shall exceed the greater of (1) the difference between the starting salary (start step) of the current classification and the new classification added to the employee's current salary (current step), or (2) the salary that could be paid to an equally qualified, newly hired employee. If an eligible employee is currently at or above the end salary for his or her job classification, then the increase authorized by subparagraphs (b), (c) and (d) shall be built into the employee's base salary. To be eligible, employees may not have a current performance rating below "meets expectations" (2.0), as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 1999 shall receive the salary increase effective the date of the rating.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full time employees receive a minimum increase of Six Hundred Dollars ($600.00) and not more than Nine Hundred Dollars ($900.00), to the next higher step.

(c) Funds are provided for MH-Direct Care Worker Classifications to receive an average increase of One Thousand Five Hundred Dollars ($1,500.00). It is the intention of the Legislature that MH-Direct Care Worker Classifications increases resulting from the provisions of Senate Bill No. 2100, 1997 Regular Session, may be fully implemented as funds become available.

(d) Funds are provided for a Nine Hundred Dollar ($900.00) increase for Information Technology positions. Agencies may effect additional increases in accordance with the Information Technology Special Compensation Plan established by the State Personnel Board as funds become available.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2000 do not exceed Fiscal Year 1999 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:

FY99

Performance Measures Target

Pollution Control

Air-compliance assurance activities (actions) 1755

Air-permits issued (permits) 403

Asbestos-persons certified (persons) 1,000

RCRA-inspections (actions) 80

RCRA-permit actions taken (actions) 10

WST tires-compliance assurance (actions) 400

SLD Waste-permits processed (permits) 185

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

Water levels measured (actions) 100

Test/data collection wells (wells) 2,500

Water withdrawal permits issued (permits) 2,000

Driller license issued (licenses) 200

Dams inspected (dams) 100

Geology

Leases/permits issued (items) 3

Publications issued (documents) 26

Test holes drilled (tests) 24

Quadrangles mapped (sites) 12

Mines inspected (mines) 1,245

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 2000.

SECTION 7. Of the funds appropriated in Section 1 and allocated in Section 3 to the Office of Pollution Control, funds in the amount of One Million One Hundred Thousand Dollars ($1,100,000.00) are provided for the purpose of establishing the total maximum daily loads (TMDL) of pollution for impaired waters in Mississippi and funds in the amount of Three Hundred Fifty Thousand Dollars ($350,000.00) are provided for the support of the Mississippi Brownfields Voluntary Clean-up and Redevelopment Act.

SECTION 8. Of the funds appropriated in Section 2 and allocated in Section 3, an amount no greater than Five Hundred Fifty Thousand Dollars ($550,000.00) shall be derived from the Pollution Emergency Fund within the Pollution Operating Fund for transfer to the Department of Finance and Administration.

SECTION 9. With the funds provided herein, it is the intention of the Legislature that Three Thousand Six Hundred Ninety-two Dollars ($3,692.00) shall be transferred to the Mississippi Department of Information Technology Services for the statewide data network backbone.

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, 1998.