ENROLLED HOUSE
BILL NO. 1268	By:	Miller and Martin (Scott) of the House

				and

			Johnson (Mike) and Myers of the Senate

An Act relating to the Department of Environmental Quality; requiring budgeting in certain categories and amounts; providing for duties and compensation of employees; limiting the salary of the Executive Director; providing budgetary limitations; authorizing contractual services; requiring certain expenditures; requiring utilization of certain funds for certain purposes; making certain appropriations nonfiscal; providing exception; providing lapse dates; requiring certain budget procedures; prohibiting certain budget procedures; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.  For the fiscal year ending June 30, 2010, the Department of Environmental Quality shall budget all funds in the following categories and amounts:

Category	Appropriation	Total

Administrative Services Division	$        0.00	$10,208,243.00

Air Quality Division	1,233,030.00	13,388,678.00

Customer Services Division	2,288,520.00	 7,671,010.00

Environmental Complaints and Local Services (ECLS)	3,563,164.00	8,464,461.00

Water Quality Division	2,212,415.00	17,517,314.00

Land Protection Division	         0.00	   11,466,064.00

TOTAL	$9,297,129.00	$68,715,770.00

SECTION 2.  The duties and compensation of employees, not otherwise prescribed by law, necessary to perform the duties imposed upon the Department of Environmental Quality by law shall be set by the Executive Director of the Department of Environmental Quality. The salary of the Executive Director of the Department of Environmental Quality shall not exceed Ninety-nine Thousand Nine Hundred Twenty-two Dollars ($99,922.00) per annum, payable monthly for the fiscal year ending June 30, 2010.  The Department of Environmental Quality for the fiscal year ending June 30, 2010, shall be subject to the following budgetary limitations on full-time-equivalent employees and expenditures excluding expenditures for capital and special projects, except as may be authorized pursuant to the provisions of Section 3603 of Title 74 of the Oklahoma Statutes:

Budgetary Limitation	Amount

Full-time-equivalent Employees	572.0

Lease-Purchase Agreements	$150,000.00

SECTION 3.  The Department of Environmental Quality may provide from any funds available contractual services to the Oklahoma Rural Water Association for technical assistance programs to rural water system operators.

SECTION 4.  The Department of Environmental Quality is directed to expend an amount not to exceed One Million Dollars ($1,000,000.00) from solid waste fee collections by the Department for the purpose of compensation, benefits and other necessary expenses during the fiscal year ending June 30, 2010, associated with employees from the Oklahoma and Tulsa City-County environmental programs, as authorized by law.

SECTION 5.  Appropriations made by Section 90 of Enrolled Senate Bill No. 216 of the 1st Session of the 52nd Oklahoma Legislature, not including appropriations made for capital outlay purposes, may be budgeted for the fiscal year ending June 30, 2010 (hereafter FY-10) or may be budgeted for the fiscal year ending June 30, 2011 (hereafter FY-11).  Funds budgeted for FY-10 may be encumbered only through June 30, 2010, and must be expended by November 15, 2010.  Any funds remaining after November 15, 2010, and not budgeted for FY-11, shall lapse to the credit of the proper fund for the then current fiscal year.  Funds budgeted for FY-11 may be encumbered only through June 30, 2011.  Any funds remaining after November 15, 2011, shall lapse to the credit of the proper fund for the then current fiscal year.  These appropriations may not be budgeted in both fiscal years simultaneously.  Funds budgeted in FY-10, and not required to pay obligations for that fiscal year, may be budgeted for FY-11, after the agency to which the funds have been appropriated has prepared and submitted a budget work program revision removing these funds from the FY-10 budget work program and after such revision has been approved by the Office of State Finance.

SECTION 6.  This act shall become effective July 1, 2009.

SECTION 7.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the House of Representatives the 21st day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 21st day of May, 2009.

	
Presiding Officer of the Senate