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Mississippi Legislature· HB 1900Approved by Governor (Chapter 51)

Appropriation; Public Service Commission., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Appropriations B; Appropriations A

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

House Bill 1900

(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 2027.

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, 2026, and ending June 30, 2027..........................

............................................ $
4,868,513.00.

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, 2026, and ending
June 30, 2027..................................................

............................................ $
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:               $
4,302,673.00

Special Funds:               $
0.00

Total Funds:                 $
4,302,673.00

PERSONAL SERVICES:

Employee Salaries,
Wages and

Fringe Benefits:            $
3,915,937.00

Progressions:                $
0.00

Vacancy Funding:             $
386,736.00

Total Personal
Services:      $  4,302,673.00

AUTHORIZED HEADCOUNT:

Permanent:                   54

Time-Limited:
0

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 2027 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 2028 do not exceed Fiscal Year 2027 funds
appropriated for that purpose unless programs or positions are added to the
agency's Fiscal Year 2027 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 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, 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 2027.  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
2026.  If the agency fills additional headcounts after March 1, 2026, until the
end of Fiscal Year 2026, the amount of available Vacancy Funding may be
proportionally adjusted 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 or increase the Personal
Services total 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 2026 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 2026 to Fiscal Year 2027, 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:

FY2027

Performance Measures                                       Target

Utility Regulatory Services

Number of Utility Docket
Cases                           169

Number of Utility Complaints                           4,600

Electric Complaints as a
Percent of Total               58.00

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                    3.00

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)                0.13

Average Price of Electricity
per

Kilowatt Hour -
National Average

(Cents/kWh)                                       17.47

Average Price of Electricity
for

Residential Customers
in MS as a Percent

of the 2020 National
Average, 13.15

Cents/kWh - Investor
Owned Utilities               88.45

Average Price of Electricity
for

Residential Customers
in MS as a Percent

of the 2020 National
Average, 13.15

Cents/kWh - Electric
Cooperative                  88.45

Average Monthly Residential
Electric

Usage in MS (kWh)                              1,132.00

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 2028.

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 2026.  It is further
the intention of the Legislature that the agency's budget request for Fiscal
Year 2028 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 2027 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 2026.  On or before August
1, 2026, 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, 2026.
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