Bill Text: MS SB2284 | 2017 | Regular Session | Introduced
Bill Title: Gulf Coast Restoration Fund; establish board of trustees to approve expenditures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2284 Detail]
Download: Mississippi-2017-SB2284-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Senator(s) McDaniel
Senate Bill 2284
AN ACT TO AMEND SECTION 27-103-302, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE DEPOSIT INTO THE STATE TREASURY OF CERTAIN FUNDS RECEIVED BY OR ON BEHALF OF THE STATE OF MISSISSIPPI THROUGH A NEGOTIATED SETTLEMENT FOR ECONOMIC DAMAGES IN CONNECTION WITH THE DEEPWATER HORIZON OIL SPILL; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE DESIGNATED AS THE GULF COAST RESTORATION FUND; TO PROVIDE THAT 100% OF THE MONIES IN THE SPECIAL FUND SHALL BE USED BY THE DEPARTMENT OF MARINE RESOURCES, UPON APPROPRIATION BY THE LEGISLATURE, BASED UPON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE GULF COAST RESTORATION FUND TO PROVIDE ASSISTANCE TO ENTITIES ON THE MISSISSIPPI GULF COAST FOR THE PURPOSE OF PROMOTING ECOLOGICAL HABITAT, PROMOTING ECONOMIC DEVELOPMENT AND OVERALL COMMUNITY BENEFIT; TO CREATE THE BOARD OF TRUSTEES OF THE GULF COAST RESTORATION FUND; TO PROVIDE FOR THE COMPOSITION OF THE BOARD OF TRUSTEES; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE GULF COAST RESTORATION FUND SHALL REVIEW APPLICATIONS FOR ASSISTANCE UNDER THIS ACT AND MAKE RECOMMENDATIONS FOR ASSISTANCE TO THE DEPARTMENT OF MARINE RESOURCES; TO REQUIRE REQUEST FOR PROPOSALS (RFPS) FOR EXPENDITURES FROM THE SPECIAL FUND TO BE APPROVED BY THE PERSONAL SERVICE CONTRACT REVIEW BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-103-302, Mississippi Code of 1972, is amended as follows:
27-103-302. All funds
received by or on behalf of the State of Mississippi through a negotiated
settlement for economic damages in connection with the explosion on, and
sinking of, the mobile offshore drilling unit Deepwater Horizon, except for any
funds that are required by the settlement to be paid to any other public
entity, shall be deposited into the Gulf Coast
Restoration Fund created in Section 2 of this act for appropriation by the
Legislature.
SECTION 2. (1) (a) There is created in the State Treasury a special fund to be designated as the "Gulf Coast Restoration Fund." The special fund shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Marine Resources, upon appropriation by the Legislature, based upon the recommendation of the Board of Trustees of the Gulf Coast Restoration Fund to provide assistance to entities for the purpose of enhancing ecological habitat, promoting economic development, and overall community benefit in the following counties located on the Mississippi Gulf Coast: Hancock, Harrison, Jackson, Pearl River, Stone and George.
(b) The Department of Marine Resources shall establish a program for providing assistance to entities for the purpose of enhancing ecological habitat, promoting economic development, and overall community benefit. Assistance provided under this section may be made in the form of loans and/or grants based upon the recommendation of the Board of Trustees of the Gulf Coast Restoration Fund. Repayments of loans made under this section shall be deposited into the Gulf Coast Restoration Fund.
(2) (a) (i) There is established a Board of Trustees of the Gulf Coast Restoration Fund (board of trustees) to review applications for assistance under this section and make recommendations to the Department of Marine Resources for assistance under this section. The board of trustees shall consist of nine (9) members as follows:
1. Three (3) voting members appointed by the Governor as follows:
a. One (1) member who shall be a resident of Hancock County, Mississippi;
b. One (1) member who shall be a resident of Harrison County, Mississippi; and
c. One (1) member who shall be a resident of Jackson County, Mississippi.
A member appointed under this item 1 may be an elected official. Each member appointed under this item 1 shall serve at the will and pleasure of the Governor and may be removed from the board of trustees by the Governor. Except as otherwise provided in this item 1, such members shall serve for the length of the term of the Governor and shall be eligible for reappointment.
2. Three (3) voting members appointed by the Lieutenant Governor as follows:
a. One (1) member who shall be a resident of Pearl River County, Mississippi;
b. One (1) member who shall be a resident of Stone County, Mississippi; and
c. One (1) member who shall be a resident of George County, Mississippi.
A member appointed under this item 2 may be an elected official. Each member appointed under this item 2 shall serve at the will and pleasure of the Lieutenant Governor and may be removed from the board of trustees by the Lieutenant Governor. Except as otherwise provided in this item 2, such members shall serve for the length of the term of the Lieutenant Governor and shall be eligible for reappointment.
3. Three (3) voting members representing the following county-designated economic development entity:
a. One (1) member shall be the executive director of the Hancock County Development Commission;
b. One (1) member shall be the executive director of the Harrison County Development Commission; and
c. One (1) member shall be the executive director of the Jackson County Economic Development Foundation.
(b) Members of the board of trustees shall serve without compensation, but shall be reimbursed for each day's official duties of the board at the same per diem as established by Section 25-3-69, and actual travel and expenses as established by Section 25-3-41.
(c) The board of trustees shall annually elect one (1) member to serve as chairman of the board and one (1) member to serve as vice chairman of the board. The vice chairman shall act as chairman in the absence of or upon the disability of the chairman or if there is a vacancy in the office of chairman.
(d) All expenses of the board of trustees in carrying out its duties and responsibilities under this subsection (2), including the payment of per diem and expenses of the members of the board, shall be paid from funds appropriated to the Department of Marine Resources for that purpose.
(e) The board of trustees shall have all powers necessary to implement and carry out the purposes and provisions of this subsection (2), including, but not limited to, the following express powers:
(i) To contract for necessary goods and services, to employ necessary personnel, and to engage the services of other persons for administrative and technical assistance in carrying out its duties and responsibilities under this subsection (2); and
(ii) To enter into other contracts and/or agreements that the board of trustees determines to be necessary in carrying out its duties and responsibilities under this subsection (2).
(f) (i) The board of trustees shall establish a procedure for accepting and reviewing applications for assistance under this section.
(ii) An entity desiring assistance under this section must submit an application for assistance to the board of trustees. The application must include a description of the purpose for which assistance is requested, the type and amount of assistance requested and any other information required by the board of trustees. Each application must demonstrate how use of assistance will leverage additional benefit or future savings to the State General Fund.
(iii) The board of trustees shall review an application for assistance and determine whether the applicant should receive assistance under this section. If the board of trustees determines that an applicant should receive assistance, then the board of trustees shall prepare a recommendation for assistance. A recommendation for assistance shall provide the purpose for which the assistance is to be provided, the type of assistance to be provided in the form of loan and/or grant funds, the amount of assistance to be provided, whether the applicant must provide matching funds and any other information determined necessary by the board of trustees. The board of trustees shall provide its recommendation for assistance to the Department of Marine Resources and the department shall use funds from the Gulf Coast Restoration Fund for the purpose of providing the assistance.
(iv) The board of trustees shall establish a procedure to monitor performance and ensure conformity to the original commitments for all recipients of assistance. The board of trustees shall require any request for proposals (RFPs) for expenditures from the Gulf Coast Restoration Fund to be approved by the Personal Service Contract Review Board as required under Section 25-9-120. The board of trustees in conjunction with Department of Marine Resources shall require performance measures for each award of assistance to ensure a return on the project is achieved. The board of trustees shall take all actions necessary, including, but not limited to, suspension of distributions, to ensure any assistance awarded meets or exceeds original application of assistance.
(3) The Department of Marine Resources shall file an annual report with the Governor, the Secretary of the Senate and the Clerk of the House of Representatives not later than December 1 of each year, including detailing information regarding the following specific areas:
(a) Receipts and expenditures of the funds under this section used for administration of the Gulf Coast Restoration Fund;
(b) Overview of applications reviewed and a detailed description of applications recommended by the board of trustees for assistance for the current year;
(c) Schedule of all applications awarded funds under this section detailing status of progress, start date, anticipated completion date, benchmark achievements, and any modifications to the original application after receipt of assistance; and
(d) Statement from the executive director of Department of Marine Resources regarding effectiveness and efficiency of the fund and documenting any recommendations to ensure goals of the fund are achieved. The executive director shall also provide any areas of concern with past, present, and future administration of the fund.
(4) The Department of Marine Resources shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
