ENROLLED 2022 Regular Session HOUSE BILL NO. 465 BY REPRESENTATIVE ZERINGUE 1 AN ACT 2 To provide for the establishment and reestablishment of agency ancillary funds, to be 3 specifically known as internal service funds, auxiliary accounts, or enterprise funds 4 for certain state institutions, officials, and agencies; to provide for appropriation of 5 funds for Fiscal Year 2022-2023; to provide for an effective date; and to regulate the 6 administration of said funds. 7 Be it enacted by the Legislature of Louisiana: 8 Section 1. There are hereby appropriated the amounts shown below, which shall be 9 payable out of the state general fund, to the extent of funds deposited, unless otherwise 10 specified, for the establishment and reestablishment of agency ancillary funds which shall 11 be specifically known as internal service funds, auxiliary accounts, or enterprise funds. The 12 monies in each fund shall be used for working capital in the conduct of business enterprises 13 rendering public service, auxiliary service, and interagency service. 14 In the conduct of each such business, receipts shall be deposited in the state treasury 15 and disbursements made by the state treasurer to the extent of the amount deposited to the 16 credit of each ancillary fund, for the current fiscal year. All funds appropriated herein shall 17 be expended in compliance with the public bid laws of the state. 18 Section 2.A. Except as otherwise provided by law or as herein otherwise provided, 19 any fund equity resulting from prior year operations shall be included as a resource of the 20 fund from which the ancillary fund is directly or indirectly derived. 21 B. Funds on deposit with the state treasury at the close of the fiscal year are 22 authorized to be transferred to each fund respectively, as equity for the next fiscal year. 23 All unexpended cash balances as of June 30, 2023, shall be remitted to the state Page 1 of 9 HB NO. 465 ENROLLED 1 treasurer on or before August 14, 2023. If not reestablished in the subsequent year's Act, the 2 agency shall liquidate all assets and return all advances no later than August 14, 2023. 3 C. The program descriptions contained in this Act are not part of the law and are not 4 enacted into law by virtue of their inclusion into this Act. 5 Section 3. All money from federal, interagency transfers, statutory dedications, or 6 fees and self-generated revenues shall be available for expenditure in the amounts herein 7 appropriated. 8 Any increase in such revenues shall be available for allotment and expenditure by 9 an agency on approval of an increase in the appropriation by the commissioner of 10 administration and the Joint Legislative Committee on the Budget. Any increase in such 11 revenues for an agency without an appropriation from the respective revenue source shall 12 be incorporated into the agency's appropriation on approval of the commissioner of 13 administration and the Joint Legislative Committee on the Budget. 14 Section 4.A. The figures in parentheses following the designation of a budget entity 15 are the total authorized positions and authorized other charges positions for that entity. The 16 number of employees approved for each agency, as a result of the passage of this Act, may 17 be increased by the commissioner of administration when sufficient documentation is 18 presented and the request is deemed valid. However, any request which exceeds five 19 positions shall be approved by the commissioner of administration and the Joint Legislative 20 Committee on the Budget. 21 B. The budget request of any agency with an appropriation level of thirty million 22 dollars or more shall include within its existing table of organization positions which 23 perform the function of internal auditing, including the position of a chief audit executive. 24 The chief audit executive shall be responsible for ensuring that the internal audit function 25 adheres to the Institute of Internal Auditors, International Standards for the Professional 26 Practice of Internal Auditing. The chief audit executive shall maintain organizational 27 independence in accordance with these standards and shall have direct and unrestricted 28 access to the commission, board, secretary, or equivalent head of the agency. The chief 29 audit executive shall certify to the commission, board, secretary, or equivalent head of the 30 agency that the internal audit function conforms to the Institute of Internal Auditors, 31 International Standards for the Professional Practice of Internal Auditing. Page 2 of 9 HB NO. 465 ENROLLED 1 Section 5. All key and supporting performance objectives and indicators for the 2 departments, agencies, programs, and budget units contained in the Governor’s Executive 3 Budget Supporting Document shall be adjusted by the commissioner of administration to 4 reflect the funds appropriated therein. The commissioner of administration shall report on 5 these adjustments to the Joint Legislative Committee on the Budget each year by August 6 fifteenth. 7 Section 6. The following definition is provided for the terms of this Act: "Working 8 capital" shall be considered the excess of current assets over current liabilities on an accrual 9 basis. 10 Section 7. Should any section, subsection, clause, sentence, phrase, or part of the Act 11 for any reason be held, deemed, or construed to be unconstitutional or invalid, such decisions 12 shall not affect the remaining provisions of the Act, and the legislature hereby declares that 13 it would have passed the Act, and each section, subsection, clause, sentence, phrase, or part 14 thereof, irrespective of the fact that one or more of the sections, subsections, clauses, 15 sentences, phrases, or parts thereof, is declared unconstitutional or invalid. To this end, the 16 provisions of this Act are hereby declared severable. 17 Section 8. Internal Service Funds. These funds account for the financing of goods 18 or services provided by one department or agency to other departments or agencies of the 19 governmental unit, or to other governmental units, on a cost-reimbursement basis. Excess 20 cash funds, excluding cash funds arising from working capital advances, shall be invested 21 by the state treasurer with the interest proceeds therefrom credited to each account and shall 22 not be transferred to the state general fund. 23 Section 9. In conjunction with the continuing assessment of the existing staff, assets, 24 contracts, and facilities of each department, agency, program, or budget unit’s information 25 technology resources and procurement resources, upon completion of this assessment and 26 to the extent optimization of these resources will result in the projected cost savings through 27 staff reductions, realization of operational efficiencies, cost avoidance, and elimination of 28 asset duplication, the commissioner of administration is authorized to transfer the functions, 29 positions, assets, and funds from any other department, agency, program, or budget units 30 related to these optimizations to a different department. The provisions of this Section shall 31 not apply to the Department of Culture, Recreation and Tourism, or any agency contained 32 in Schedule 04, Elected Officials, of the General Appropriation Act. Page 3 of 9 HB NO. 465 ENROLLED 1 SCHEDULE 21 2 ANCILLARY APPROPRIATIONS 3 21-800 OFFICE OF GROUP BENEFITS 4 EXPENDITURES: FY 22 EOB FY 23 REC 5 State Group Benefits - 6 Authorized Positions (42) (56) 7 Expenditures $1,809,133,191$1,809,705,404 8 Program Description: Provides for the administration of group health and accidental 9 insurance and group life insurance for current and former state employees and other 10 participating groups. 11 TOTAL EXPENDITURES $1,809,133,191$1,809,705,404 12 MEANS OF FINANCE: 13 State General Fund by: 14 Interagency Transfers $ 598,733$ 598,733 15 Fees & Self-generated Revenues $1,808,534,458$1,809,106,671 16 TOTAL MEANS OF FINANCING $1,809,133,191$1,809,705,404 17 21-804 OFFICE OF RISK MANAGEMENT 18 EXPENDITURES: FY 22 EOB FY 23 REC 19 Risk Management - 20 Authorized Positions (41) (41) 21 Expenditures $358,342,481$324,218,483 22 Program Description: Provides for the overall executive leadership and management of 23 the office, support services, policy analysis, management direction of the state's self- 24 insurance program; provides funding for the payment of losses on medical, malpractice, 25 property, comprehensive general liability, personal injury, automobile liability, automobile 26 physical damage, bonds, crime, aviation, wet marine boiler and machinery and 27 miscellaneous tort claims; provides funding for the payment of contracts issued for 28 professional legal defense of claims made against the state; provides funding for the 29 reimbursement of the Division of Risk Litigation in the Office of the Attorney General for 30 costs incurred for professional legal defense of claims made against the state. 31 TOTAL EXPENDITURES $358,342,481$324,218,483 32 MEANS OF FINANCE: 33 State General Fund by: 34 Interagency Transfers $265,682,662$275,551,395 35 Fees & Self-generated Revenues $90,659,819$46,667,088 36 Statutory Dedications: 37 Future Medical Care Fund $ 2,000,000$ 2,000,000 38 TOTAL MEANS OF FINANCING $358,342,481$324,218,483 39 21-806 LOUISIANA PROPERTY ASSISTANCE 40 EXPENDITURES: FY 22 EOB FY 23 REC 41 Louisiana Property Assistance - 42 Authorized Positions (37) (37) 43 Expenditures $ 7,747,236$ 8,692,368 44 Program Description: Provides for the accountability of the state's movable property 45 through the development and implementation of sound management practices. 46 TOTAL EXPENDITURES $ 7,747,236$ 8,692,368 Page 4 of 9 HB NO. 465 ENROLLED 1 MEANS OF FINANCE: 2 State General Fund by: 3 Interagency Transfers $ 1,615,846$ 1,615,846 4 Fees & Self-generated Revenues $ 6,131,390$ 7,076,522 5 TOTAL MEANS OF FINANCING $ 7,747,236$ 8,692,368 6 21-807 LOUISIANA FEDERAL PROPERTY ASSISTANCE AG ENCY 7 EXPENDITURES: FY 22 EOB FY 23 REC 8 Federal Property Assistance - 9 Authorized Positions (9) (9) 10 Expenditures $ 3,415,050$ 3,441,308 11 Program Description: Seeks to assure the fair and equitable distribution of federal 12 property allocated to Louisiana by the General Services Administration to eligible Louisiana 13 donees. 14 TOTAL EXPENDITURES $ 3,415,050$ 3,441,308 15 MEANS OF FINANCE: 16 State General Fund by: 17 Interagency Transfers $ 484,342$ 1,084,342 18 Fees & Self-generated Revenues $ 2,930,708$ 2,356,966 19 TOTAL MEANS OF FINANCING $ 3,415,050$ 3,441,308 20 21-811 PRISON ENTERPRISES 21 EXPENDITURES: FY 22 EOB FY 23 REC 22 Prison Enterprises - 23 Authorized Positions (72) (72) 24 Expenditures $33,763,220$34,484,007 25 Program Description: Utilizes the resources of the Department of Public Safety and 26 Corrections in the production of food, fiber, and other necessary items used by offenders in 27 order to lower the cost of incarceration; provides products and services to state agencies 28 and agencies of parishes, municipalities, and other political subdivisions; and provides work 29 opportunities for offenders. Prison Enterprises conducts both industry operations and 30 agriculture operations. 31 TOTAL EXPENDITURES $33,763,220$34,484,007 32 MEANS OF FINANCE: 33 State General Fund by: 34 Interagency Transfers $24,933,479$25,447,628 35 Fees & Self-generated Revenues $ 8,829,741$ 9,036,379 36 TOTAL MEANS OF FINANCING $33,763,220$34,484,007 37 21-815 OFFICE OF TECHNOLOGY SERVICES 38 EXPENDITURES: FY 22 EOB FY 23 REC 39 Technology Services - 40 Authorized Positions (828) (828) 41 Authorized Other Charges Positions (9) (9) 42 Expenditures $525,667,324$670,082,509 43 Program Description: The mission of the Office of Technology Services (OTS) is to 44 establish competitive, cost-effective technology systems and services while acting as the sole 45 centralized customer for the acquisition, billing and record keeping of those technology Page 5 of 9 HB NO. 465 ENROLLED 1 services. OTS shall charge respective user agencies for the cost of the technology and 2 services provided including the cost of the operation of the office in a fair, equitable, and 3 consistent manner, in full compliance with State of Louisiana statutes. 4 TOTAL EXPENDITURES $525,667,324$670,082,509 5 MEANS OF FINANCE: 6 State General Fund by: 7 Interagency Transfers $524,148,851$668,564,036 8 The allocations listed below are provided for informational purposes only and shall not be 9 construed to limit the expenditures or means of financing of the Office of Technology 10 Services. 11 Executive Department $50,528,314 12 Department of Transportation and Development $32,108,983 13 Department of Public Safety and Corrections- Corrections Services$11,477,406 14 Department of Public Safety and Corrections- Public Safety Services$53,964,933 15 Department of Public Safety and Corrections- Youth Services$ 9,237,870 16 Louisiana Department of Health $263,663,085 17 Department of Children and Family Services $94,155,277 18 Department of Revenue $29,770,915 19 Louisiana Workforce Commission $27,830,125 20 Department of Education $34,973,882 21 Remaining State Agencies $60,853,246 22 Total Interagency Transfers $668,564,036 23 Fees & Self-generated Revenues $ 1,518,473$ 1,518,473 24 Production Support Services to local and other 25 governmental entities $ 255,878 26 Telecommunications Services to local and other 27 governmental entities $ 403,408 28 IT Support Services to local and other 29 governmental entities $ 859,187 30 Total Fees & Self-generated Revenues $ 1,518,473 31 TOTAL MEANS OF FINANCING $525,667,324$670,082,509 32 BY EXPENDITURE CATEGORY: 33 Personal Services $101,336,565 34 Operating Expenses $204,966,990 35 Professional Services $302,124,033 36 Other Charges $52,083,104 37 Acquisitions and Major Repairs $ 9,571,817 38 TOTAL BY EXPENDITURE CATEGORY $670,082,509 39 Payable out of State General Fund 40 by Interagency Transfers from the 41 Department of Education to the 42 Technology Services Program for the 43 purchase of IT equipment and software 44 as authorized through Emergency 45 Assistance for Non-Public Schools $24,000,000 46 21-816 DIVISION OF ADMINISTRATIVE LAW 47 EXPENDITURES: FY 22 EOB FY 23 REC 48 Administration - 49 Authorized Positions (58) (58) 50 Expenditures $ 8,643,902$ 9,829,286 Page 6 of 9 HB NO. 465 ENROLLED 1 Program Description: Provides a neutral forum for handling administrative hearings for 2 certain state agencies, with respect for the dignity of individuals and their due process 3 rights. 4 TOTAL EXPENDITURES $ 8,643,902$ 9,829,286 5 MEANS OF FINANCE: 6 State General Fund by: 7 Interagency Transfers $ 8,615,005$ 9,800,389 8 Fees & Self-generated Revenues $ 28,897$ 28,897 9 TOTAL MEANS OF FINANCING $ 8,643,902$ 9,829,286 10 21-820 OFFICE OF STATE PROCUREMENT 11 EXPENDITURES: FY 22 EOB FY 23 REC 12 Office of State Procurement - 13 Authorized Positions (99) (99) 14 Expenditures $12,255,821$12,873,418 15 Program Description: The mission of the Office of State Procurement is to provide cost- 16 effective services that satisfy the needs of approved governmental units of the State of 17 Louisiana through the management of products and services. 18 TOTAL EXPENDITURES $12,255,821$12,873,418 19 MEANS OF FINANCE: 20 State General Fund by: 21 Interagency Transfers $ 5,675,334$ 4,920,576 22 Fees & Self-generated Revenues $ 6,580,487$ 7,952,842 23 TOTAL MEANS OF FINANCING $12,255,821$12,873,418 24 21-829 OFFICE OF AIRCRAFT SERVICES 25 EXPENDITURES: FY 22 EOB FY 23 REC 26 Flight Maintenance - 27 Authorized Positions (3) (4) 28 Expenditures $ 2,303,789$ 2,324,065 29 Program Description: The mission of the Office of Aircraft Services is to manage the 30 overall maintenance and provide all needed and required support for safe, proper, and 31 economic operation of the State’s various aircraft. Flight Maintenance Operations ensures 32 flight safety, maintains high safety standards while minimizing aircraft downtime for repairs, 33 and provides high quality, efficient, and economical repair and fueling services for state- 34 operated aircraft. 35 TOTAL EXPENDITURES $ 2,303,789$ 2,324,065 36 MEANS OF FINANCE: 37 State General Fund by: 38 Interagency Transfers $ 2,124,574$ 2,144,850 39 Fees & Self-generated Revenues $ 179,215$ 179,215 40 TOTAL MEANS OF FINANCING $ 2,303,789$ 2,324,065 41 21-860 ENVIRONMENTAL STATE REVOLVING LOAN FUNDS 42 EXPENDITURES: FY 22 EOB FY 23 REC 43 Environmental State Revolving Loan Funds $125,350,000$125,350,000 Page 7 of 9 HB NO. 465 ENROLLED 1 Program Description: Helps individual citizens and local governments participate in 2 environmental programs by assisting municipalities to finance and construct wastewater 3 treatment works. The Clean Water State Revolving Fund is used by the Department of 4 Environmental Quality to assist recipients of Environmental Protection Agency and 5 construction grants in providing project inspection, construction management, and overall 6 program management services, required for the completion of the Environmental Protection 7 Agency program, as outlined in the management grant. Regional meetings are held in the 8 state’s eight planning districts with one-on-one follow-up meetings to make municipalities 9 more aware of the program’s benefits and requirements. The Brownfields Cleanup 10 Revolving Loan Fund strives to uphold Comprehensive Environmental Response, 11 Compensation, and Liability Act (CERCLA) Section 104(k) to protect the health and welfare 12 of the citizens of the state, as well as to enhance the environment of the state by 13 administering the Brownfields Cleanup Revolving Loan Fund. 14 TOTAL EXPENDITURES $125,350,000$125,350,000 15 MEANS OF FINANCE: 16 State General Fund by: 17 Statutory Dedications: 18 Clean Water State Revolving Fund $125,000,000$125,000,000 19 Brownfields Cleanup Revolving 20 Loan Fund $ 350,000$ 350,000 21 TOTAL MEANS OF FINANCING $125,350,000$125,350,000 22 Payable out of the State General Fund by 23 Statutory Dedications out of the Matching Funds 24 Fund to the Environmental State Revolving Loan 25 Funds Program to use as state match for the 26 Clean Water State Revolving Fund allocations found 27 in the federal Infrastructure Investment and Jobs Act, 28 in the event that House Bill No. 406 of the 2022 29 Regular Session of the Legislature is enacted into law $ 4,256,600 30 Payable out of Federal Funds 31 to the Environmental State 32 Revolving Loan Funds Program 33 for municipalities to improve storm 34 water management to address sewer 35 overflows and reduce pollution $ 1,169,000 36 21-861 DRINKING WATER REVOLVING LOAN FUND 37 EXPENDITURES: FY 22 EOB FY 23 REC 38 Drinking Water Revolving Loan Fund $47,988,458$47,988,458 39 Program Description: Assist public water systems in financing needed drinking water 40 infrastructure improvements (e.g. treatment plant, distribution main replacement, storage 41 facilities, new wells). The Drinking Water Revolving Loan Fund provides assistance in the 42 form of low-interest loans and technical assistance to public water systems in Louisiana to 43 assist them with complying with state and federal drinking water regulations, ensuring that 44 their customers are provided with safe drinking water thereby protecting the public health. 45 TOTAL EXPENDITURES $47,988,458$47,988,458 46 MEANS OF FINANCE: 47 State General Fund by: 48 Statutory Dedication: 49 Drinking Water Revolving Loan Fund $47,988,458$47,988,458 50 TOTAL MEANS OF FINANCING $47,988,458$47,988,458 Page 8 of 9 HB NO. 465 ENROLLED 1 Payable out of the State General Fund by Statutory 2 Dedications out of the Matching Funds Fund to the 3 Drinking Water Revolving Loan Fund Program to 4 use as state match for the Drinking Water Revolving 5 Loan Fund allocations found in the federal 6 Infrastructure Investment and Jobs Act, in the event 7 that House Bill No. 406 of the 2022 Regular Session 8 of the Legislature is enacted into law $ 2,693,000 9 Section 10. This Act shall become effective on July 1, 2022. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 9 of 9