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Program A: Legal and Regulatory Compliance

Program Authorization: R.S. 30:2011

PROGRAM DESCRIPTION

The mission of the Legal and Regulatory Compliance Program is to promote regulatory and statutory adequacy and compliance through the development, enforcement and prosecution of Louisiana's environmental laws and regulations and through the issuance of legally sound permit and enforcement actions, which will serve the department, the regulated community, and the public. It is the goal of this program to ensure the effectiveness of Louisiana's environmental laws and regulations. There are three activities in this program: Legal Services, Investigations, and Regulations Development.

OBJECTIVES AND PERFORMANCE INDICATORS

1. The Legal and Regulatory Compliance Program will assure the consistency and legal sufficiency of permit and enforcement actions by providing legal review of all documents issued by the Department of Environmental Quality, and by providing quality legal advice and representation for the department during FY 1998-99.

2. The Department of Environmental Quality and the Office of Planning and Budget do not agree upon a mutually acceptable objective for this performance information. (Criminal investigation and referral)

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with Fees and Self-Generated Revenues and Statutory Dedications. The Fees and Self-Generated Revenues are derived from the sale of the Environmental Regulatory Code, photocopies, etc. Statutory Dedications are from the Environmental Trust Fund (ETF). (Per R.S. 39:32B. (8), see table below for a listing of expenditures out of each statutory dedicated fund.) The ETF consists of all fees assessed pursuant to the authority granted in R.S. 30:2014, R.S. 39:55.2 and any other provisions of the law authorizing the department to assess a fee. Such fees are used only for the purposes for which they are assessed.

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

 

DESCRIPTION

 

 

 

 

 

$0

$3,285,870

56

 

ACT 18 FISCAL YEAR 1997-1998

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$0

$0

0

 

None

 

 

 

 

 

$0

$3,285,870

56

 

EXISTING OPERATING BUDGET - December 10, 1997

 

 

 

 

 

$0

$56,103

0

 

Equipment/Major Repairs Adjustment(s) (Nonrecurring: -$100,036; Replacement: +$156,139)

$0

$48,764

0

 

Annualization of 1997 -'98 Merit Pay Adjustment(s)

$0

$44,961

0

 

1998 -'99 Merit Pay Adjustment(s)

$0

($2,612)

0

 

Adjustment(s) for Civil Service, Training and Other Statewide Interagency Transfer Activities

$0

$30,511

0

 

Risk Management Adjustment(s)

$0

$70,370

0

 

Funding provided for Incumbent Adjustment(s) and Automatic Upgrades

$0

$89,186

4

 

New/Expanded funding provided for four (4) paralegal assistants to assist the fourteen attorneys in the Legal Division. These individuals are needed for case management for high profile cases, maintain databases, legal opinion, etc.

$0

          $3,623,153

60

 

TOTAL RECOMMENDED

 

 

 

 

 

$0

$337,283

4

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 110.2% of the existing operating budget. It represents 100.7% of the total request ($3,595,254) for this program. The increase is primarily due to replacement equipment, providing funding for automatic upgrades, incumbent adjustments and reallocations, and funding provided for 4 paralegal assistants to assist the fourteen attorneys in the Legal Division. This program does not have any positions that have been vacant for 1 year or more.

PROFESSIONAL SERVICES

$20,000

 

Contract for Court Reporting to record depositions during the process of discovery during an appeal and testimony from witnesses during hearings (Legal Services Division)

$15,000

 

Contract for medical exams to detect possible human contamination from exposures to work related activities

$62,943

 

Contract for Lab Analysis of various types of samples as an integral part of criminal environmental enforcement

$4,000

 

Contract for Aerial Photography to provide data that will be used in determination of alleged violators' impact on the environment

$4,000

 

Contract for Court Reporting to record depositions during the process of discovery during an appeal and testimony from witnesses during hearings

$6,000

 

Evidence gathering and preservation for the sole source of contracts for excavation, detection, removal, and storage of hazardous waste and substances to be used as evidence in potential criminal investigations

$2,500

 

Contract for Computer Programming to update WordPerfect Production System used for publishing the Environmental Regulatory Code

 

 

 

$114,443

 

TOTAL PROFESSIONAL SERVICES

OTHER CHARGES

 

 

Interagency Transfers:

$6,819

 

Department of Civil Service for personnel services

$962

 

Division of Administration - Comprehensive Public Training Program (CPTP) for training services

$60,000

 

Division of Administration - State Register for publication of rules, etc.

 

 

 

$67,781

 

TOTAL INTERAGENCY TRANSFERS

ACQUISITIONS AND MAJOR REPAIRS

$159,689

 

Replacement of three (3) vehicles, library reference materials, field analytical equipment, executive chairs, file cabinets, etc.

 

 

 

$159,689

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS


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