GOVERNOR'S RECOMMENDATIONS
I approve the general purpose of this bill, but I am returning it with a request for the adoption of 144 amendments. I am grateful to each member of the House of Delegates and the Senate of Virginia for your dedicated work and your timely passage of the budget.
I am pleased that the budget you returned to me reflects many of the important new initiatives that we sought to accomplish together. These include early childhood education, more affordable tuition and free community college for some students pursuing high-demand fields, pay increases for public employees and teachers, and more.
New circumstances now require us to revisit those decisions.
The economic effects of COVID-19 will not be clear for some time. While it is too soon to obtain an accurate reforecast of revenues, we will need to do it once the economic fog has lifted, so that we can then identify a path to return to the progressive investments we have made together. Until that can happen, I do not want to eliminate specific appropriations without first knowing the overall level of spending reductions that is required.
As a result, I am proposing 83 amendments to specifically "unallot" new, discretionary spending across all agencies. These amendments will place that spending on hold until economic circumstances enable me to reforecast revenues so that we can all make informed decisions together. These amendments freeze spending of approximately $874.6 million in fiscal year 2021 and $1.4 billion in fiscal year 2022. Each amendment lists the specific items that are to be unallotted.
Unfortunately, we must take two measures now to control our spending commitments in the next biennium. First, you prudently included $65 million as a direct general fund appropriation for maintenance reserve capital projects. This wise decision now gives us the opportunity to replace that appropriation with bond authorization. This will free up cash and give us greater liquidity necessary to pay our bills.
Second, I propose that we continue to delay the funding provided to increase the number of school counselors funded in the Standards of Quality. We did that for the current school year, and I propose that we continue this policy and hold funding for school counselors at current ratios. This action will reduce general fund expenditures by $21.7 million in fiscal year 2021 and $28.4 million in fiscal year 2022. In addition, this action will help localities by reducing the funding they are required to provide. It is important that we take this step now to include the appropriate staffing ratios in the budget, and more importantly, to send a clear message to school divisions as they plan for the next school year. Then, we can return to this shared priority when our financial picture is clearer.
Finally, COVID-19 is creating new challenges that none of us could have foreseen. We have seen in the current fiscal year that certain budgetary provisions are creating barriers to helping communities during this crisis. These include limits on accepting donations and grants, expanding or changing services, and creating new services. For this reason, I am proposing amendments to the General Provisions to allow the Governor and state agencies to respond to the specific impacts of COVID-19. These proposals are limited to the current crisis and do not seek broad changes in authority.
I propose 49 "language amendments" in total. Many of these relax specific requirements and offer greater flexibility to our agencies and institutions of higher education as they conduct business during COVID-19. These include:
- provisions to increase per diem rates for nursing homes and specialized care;
- use of federal CARES Act funds for child care of essential workers;
- provisions authorizing the Director of the Department of Corrections to discharge certain offenders who have less than one year remaining on their sentences;
- provisions to abate interest on late state income tax payments;
- provisions for public bodies to meet electronically when circumstances related to an emergency—such as social distancing—make it impractical to meet in a single location;
- enabling institutions of higher education to manage their funds to provide liquidity;
- flexibility for agencies in meeting required reporting deadlines; and,
- provisions to allow the Superintendent of Public Instruction to grant temporary flexibility or waivers for certain deadlines and requirements that cannot be met due to the state of emergency or school closures resulting from COVID-19.
I am proposing a total of 144 amendments. Forty-nine are "language-only" changes; 83 "unallot" new, discretionary spending as described above; and 12 change spending. Within these 12, four reduce total general fund spending by $121.2 million; four transfer funding between agencies for a net zero impact; one increases general fund spending by $1.0 million; and three are nongeneral fund changes only.
The net change in general fund spending is an overall reduction of $120.2 million. This and the increases to the beginning balance resulting from changes proposed in House Bill 29 (which total $493.5 million) increase the unappropriated balance from $13.7 million to $627.4 million.
While these proposals present difficult decisions today, we may face tougher choices tomorrow. The right course is to be prepared. This strategy gives us time to address the COVID-19 health crisis, re-forecast revenues when the time is right, then shape a revised budget that reflects the progressive values we share.
Amendment 1: Reflect changes in the beginning balance
Item 0 | Revenues | | | |
| Revenues | | | Language |
Language:
Page 1, line 22, strike the first "$691,764,245" and insert "$1,185,284,382".
Page 1, line 22, strike the second "$691,764,245" and insert "$1,185,284,382".
Page 1, line 28, strike "$24,155,492,186" and insert "$24,649,012,323".
Page 1, line 28, strike "$48,359,434,889" and insert "$48,852,955,026".
Page 1, line 40, strike "$75,735,457,029" and insert "$76,228,977,166".
Page 1, line 40, strike "$142,636,689,905" and insert "$143,130,210,042".
Explanation:
(Reflects changes to the beginning balance resulting from various executive actions taken and proposed in response to the COVID-19 pandemic.)
Amendment 2: Unallot spending increases in response to potential revenue shortfall
Item 42.10 | Judicial Department | | | |
| General District Courts | | | Language |
Language:
Page 38, after line 29, insert:
"42.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fund additional district court clerk positions | $5,732,280 | $7,596,300 |
| Fund additional judgeship for 19th Judicial District | $323,437 | $323,437 |
| Agency Total | $6,055,717 | $7,919,737" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 3: Unallot spending increases in response to potential revenue shortfall
Item 48.10 | Judicial Department | | | |
| Indigent Defense Commission | | | Language |
Language:
Page 41, after line 26, insert:
"48.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for additional public defenders | $3,798,726 | $5,698,089 |
| Agency Total | $3,798,726 | $5,698,089 |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 4: Unallot spending increases in response to potential revenue shortfall
Item 51.10 | Judicial Department | | | |
| Virginia State Bar | | | Language |
Language:
Page 43, after line 15, insert:
"51.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Additional funding to hire additional housing attorneys to combat Virginia's housing crisis | $1,500,000 | $1,500,000 |
| Agency Total | $1,500,000 | $1,500,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 5: Reverse transfer of Executive Mansion staff to DGS
Item 53 | Executive Offices | FY 20-21 | FY 21-22 | |
| Office of the Governor | $329,651 | $329,651 | GF |
| | 4.00 | 4.00 | FTE |
Language:
Page 44, line 27, strike "$471,574" and insert "$801,225".
Page 44, line 27, strike "$471,574" and insert "$801,225".
Explanation:
(This amendment reverses the transfer of Executive Mansion staff from the Office of the Governor to the Department of General Services and maintains the existing supervisory roles that have been in place since 2016. This is a net neutral transfer. A companion amendment to Item 82 removes these amounts from the Department of General Services.)
Amendment 6: Unallot spending increases in response to potential revenue shortfall
Item 75.10 | Administration | | | |
| Compensation Board | | | Language |
Language:
Page 70, after line 10, insert:
"75.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Establish a minimum of three staff in each Circuit Court Clerk's office | $358,578 | $391,176 |
| Fund 25 percent of the staffing need in Sheriffs' offices | $979,399 | $1,113,082 |
| Fund 25 percent of the staffing need in the Commonwealth's Attorneys offices | $1,350,989 | $1,433,928 |
| Fund position to address agency information technology needs | $119,775 | $119,775 |
| Provide salary adjustment for Commissioners of Revenue | $950,656 | $1,037,069 |
| Provide salary adjustment for Treasurers' offices | $821,028 | $1,642,054 |
| Provide technology funding to Circuit Court Clerks' offices | $1,000,000 | $1,000,000 |
| Additional funding for Statewide Automated Victim Network System (SAVIN) | $600,000 | $600,000 |
| Adjust salary for circuit court clerks | $1,820,339 | $1,985,824 |
| Adjust entry-level salary increases for regional jail officers | $2,668,059 | $2,910,609 |
| Adjust salary of constitutional office staff based on increases in locality population | $260,230 | $260,230 |
| Agency Total | $10,929,053 | $12,493,747" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 7: Implement property transfer required by prior legislation
Item 77 | Administration | | | |
| Department of General Services | | | Language |
Language:
Page 71, after line 46, insert:
"E. To affect implementation of Chapter 678, 2019 Acts of Assembly, the correct Tax Map Parcel is 211-130-1."
Explanation:
(This amendment is a technical correction to implement a property transferred required by Chapter 678, 2019 Acts of Assembly.)
Amendment 8: Reverse transfer of Executive Mansion staff to DGS
Item 82 | Administration | FY 20-21 | FY 21-22 | |
| Department of General Services | ($329,651) | ($329,651) | GF |
| | -4.00 | -4.00 | FTE |
Language:
Page 75, line 34, strike "$6,033,291" and insert "$5,703,640".
Page 75, line 34, strike "$5,933,291" and insert "$5,603,640".
Page 75, strike lines 39 through 41.
Page 75, line 42, strike "B.".
Explanation:
(This amendment reverses the transfer of Executive Mansion staff from the Office of the Governor to the Department of General Services and maintains the existing supervisory roles that have been in place since 2016. This is a net neutral transfer. A companion amendment to Item 53 moves these amounts back to the Office of the Governor.)
Amendment 9: Unallot spending increases in response to potential revenue shortfall
Item 82.10 | Administration | | | |
| Department of General Services | | | Language |
Language:
Page 75, after line 44, insert:
"82.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| DGS review of DBHDS capital outlay operations | $350,000 | $0 |
| Agency Total | $350,000 | $0" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 10: Unallot spending increases in response to potential revenue shortfall
Item 87.10 | Administration | | | |
| Department of Elections | | | Language |
Language:
Page 82, after line 28, insert:
"87.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for the salaries of state-supported local employees | $2,534,575 | $2,534,575 |
| Agency Total | $2,534,575 | $2,534,575" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 11: Authorize a federally compliant industrial hemp pilot program
Item 99 | Agriculture and Forestry | | | |
| Department of Agriculture and Consumer Services | | | Language |
Language:
Page 91, after line 45, insert:
"D. The Commissioner of Agriculture and Consumer Services shall, pursuant to 7 U.S.C. 5940, administer an agricultural pilot program to study the growth, cultivation, and marketing of industrial hemp via the Commissioner’s administration of the provisions of the Industrial Hemp Law (Va. Code § 3.2-4112 et seq.). The Commissioner’s research shall include an analysis of information collected during the administration of the Industrial Hemp Law. The Commissioner shall (i) conclude such agricultural pilot program on the date that is one year after the date on which the U.S. Secretary of Agriculture establishes a plan under section 297C of the Agricultural Marketing Act of 1946 or on the effective date of the repeal of 7 U.S.C. 5940, whichever is later, and (ii) submit a report on such research to the Governor and General Assembly by December 1, 2020."
Explanation:
(This amendment provides clear legislative authorization for a hemp research program in order to ensure Virginia remains compliant with the federal farm bill.)
Amendment 12: Unallot spending increases in response t potential revenue shortfall
Item 106.10 | Agriculture and Forestry | | | |
| Department of Agriculture and Consumer Services | | | Language |
Language:
Page 93, after line 43, insert:
"106.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Enhance economic growth and food safety in the Commonwealth | $267,201 | $256,701 |
| Fulfill Virginia's phase III watershed implementation plan | $240,021 | $185,021 |
| Holiday Lake 4-H Center Improvements Project | $250,000 | $0 |
| Agency Total | $757,222 | $441,722" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 13: Unallot spending increases in response to potential revenue shortfall
Item 107.10 | Agriculture and Forestry | | | |
| Department of Forestry | | | Language |
Language:
Page 95, after line 29, insert:
"107.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Establish apprenticeship program | $51,888 | $51,888 |
| Establish hardwood forest habitat program | $154,000 | $521,842 |
| Fulfill Virginia's phase III watershed implementation plan | $433,016 | $433,016 |
| Plan for replacement of the agency's mission critical business system | $44,250 | $0 |
| Agency Total | $683,154 | $1,006,746" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 14: Unallot spending increases in response to potential revenue shortfall
Item 112.10 | Commerce and Trade | | | |
| Economic Development Incentive Payments | | | Language |
Language:
Page 101, after line 28, insert:
"112.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide additional funding for the Governor's Motion Picture Opportunity Fund | $1,000,000 | $1,000,000 |
| Support the Virginia Jobs Investment Program | $2,000,000 | $2,000,000 |
| Agency Total | $3,000,000 | $3,000,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 15: Provide flexibility in allocation of homelessness funds
Item 113 | Commerce and Trade | | | |
| Department of Housing and Community Development | | | Language |
Language:
Page 102, line 9, strike "shall" and insert "may".
Explanation:
(This amendment allows the department to waive or eliminate the match requirement for certain homeless prevention funds. The current match is 25 percent.)
Amendment 16: Provide flexibility in allocation of Housing Trust Fund awards
Item 113 | Commerce and Trade | | | |
| Department of Housing and Community Development | | | Language |
Language:
Page 102, line 39 after "housing." insert:
"Notwithstanding § 36-142, Code of Virginia, the department may use funds appropriated in paragraph E. of this Item to address housing issues resulting from the COVID-19 pandemic."
Explanation:
(This amendment provides flexibility for the department in its allocation of Housing Trust Fund awards to address both homelessness assistance and other housing issues resulting from the COVID-19 pandemic. Statute currently requires a specific percentage split of the funds between flexible financing loans and grants for homelessness assistance.)
Amendment 17: Unallot spending increases in response to potential revenue shortfall
Item 118.10 | Commerce and Trade | | | |
| Department of Housing and Community Development | | | Language |
Language:
Page 108, after line 25, insert:
"118.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for Enterprise Zone Grants | $250,000 | $250,000 |
| Affordable Housing Pilot Program | $2,000,000 | $0 |
| Increase support for Planning District Commissions | $294,000 | $294,000 |
| Establish an Eviction Prevention and Diversion Pilot Program | $3,300,000 | $3,300,000 |
| Increase funding for the Southeast Rural Community Assistance Project | $600,000 | $600,000 |
| Increase funding for the Virginia Housing Trust Fund | $23,000,000 | $23,000,000 |
| Increase support for the Virginia Telecommunication Initiative (VATI) for broadband deployment | $16,000,000 | $16,000,000 |
| Industrial Revitalization Fund | $500,000 | $500,000 |
| Agency Total | $45,944,000 | $43,944,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 18: Unallot spending increases in response to potential revenue shortfall
Item 123.10 | Commerce and Trade | | | |
| Department of Labor and Industry | | | Language |
Language:
Page 110, after line 15, insert:
"123.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to support compliance positions in the Virginia Occupational Safety and Health program | $1,483,850 | $1,483,850 |
| Agency Total | $1,483,850 | $1,483,850" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 19: Unallot spending increases in response to potential revenue shortfall
Item 126.10 | Commerce and Trade | | | |
| Department of Mines, Minerals and Energy | | | Language |
Language:
Page 111, after line 49, insert:
"126.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Establish office of offshore wind | $387,500 | $387,500 |
| Agency Total | $387,500 | $387,500" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 20: Unallot spending increases in response to potential revenue shortfall
Item 128.10 | Commerce and Trade | | | |
| Department of Small Business and Supplier Diversity | | | Language |
Language:
Page 114, after line 34, insert:
"128.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to establish a statewide strategic sourcing unit | $370,565 | $741,130 |
| Agency Total | $370,565 | $741,130" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 21: Unallot spending increases in response to potential revenue shortfall
Item 130.10 | Commerce and Trade | | | |
| Virginia Economic Development Partnership | | | Language |
Language:
Page 116, after line 47, insert:
"130.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Expand the Virginia Business Ready Sites Program | $12,500,000 | $0 |
| Expand the Custom Workforce Incentive Program | $0 | $4,679,613 |
| Agency Total | $12,500,000 | $4,679,613" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 22: Provide unemployment insurance flexibility language
Item 131 | Commerce and Trade | | | |
| Virginia Employment Commission | | | Language |
Language:
Page 117, after line 41, insert:
F. The Governor shall have the authority to alter the administration of the provisions of the Virginia Unemployment Compensation Act, Title 60.2 of the Code of Virginia, to meet the exigencies of a health emergency crisis.
Explanation:
(This amendment adds language to give the Governor authority to override the provisions of the Virginia Unemployment Compensation Act in response to the COVID-19 pandemic.)
Amendment 23: Unallot spending increases in response to potential revenue shortfall
Item 134.10 | Commerce and Trade | | | |
| Virginia Tourism Authority | | | Language |
Language:
Page 119, after line 36, insert:
"134.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for the Virginia Coalfield Regional Tourism Authority | $100,000 | $100,000 |
| Provide funding for Birthplace of Country Music expansion | $50,000 | $0 |
| Agency Total | $150,000 | $100,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 24: Expand criteria for Commonwealth Center for Advanced Manufacturing grants
Item 135 | Commerce and Trade | | | |
| Virginia Innovation Partnership Authority | | | Language |
Language:
Page 123, line 12, strike "and"
Page 123, line 15, strike "." and insert:
"; and (iv) grants dedicated to matching funds for the purpose of attracting federal funds for research projects related to the COVID-19 pandemic to be conducted at the CCAM facility on a one to one basis."
Explanation:
(This amendment authorizes the Commonwealth Center for Advanced Manufacturing (CCAM) to provide grants dedicated to matching funds for the purpose of attracting federal funds for research projects related to the COVID-19 pandemic to be conducted at the CCAM facility on a one to one basis.)
Amendment 25: Reduce general fund support in the first year and expand uses of nongeneral funds
Item 135 | Commerce and Trade | FY 20-21 | FY 21-22 | |
| Virginia Innovation Partnership Authority | ($6,100,000) | $0 | GF |
| | | | |
Language:
Page 119, line 40, strike "$25,700,000" and insert "$19,600,000".
Page 121, line 25, strike "$3,100,000 the first year and".
Page 121, line 35, strike "$2,000,000 the first year and".
Page 121, line 39, strike "$1,000,000 the first year and".
Page 121, line 47, strike "$1,000,000 the first year and".
Page 124, strike lines 19 through 40 and insert:
"P. Any funds transferred to the Authority as a result of actions pursuant to Item 126.10, paragraph S.5 of the Chapter 854, 2019 Acts of Assembly may be used: (1) to enable the establishment of a fund of funds that will permit the Commonwealth to invest in one or more syndicated private investment funds; (2) to enhance direct investment programs by placing additional investments in partnership with Virginia accelerators and university technology commercialization programs; (3) to enable the establishment of a sustainable program to enhance discovery of, and early investment in, technologies aligned with the Virginia Innovation Index; (4) to provide additional funds to the Commonwealth Commercialization Fund to support competitive grant funds for commercialization programs like the Commonwealth Cyber Initiative; and (5) for grants, loans, investment, or other resources for young companies that have been negatively impacted by the COVID-19 pandemic. Decisions to invest in private funds shall be subject to approval by the Board of Directors."
Explanation:
(This amendment removes general fund support in the first year for certain programs. Additionally, language related to nongeneral funds transferred to the Authority is amended to provide greater flexibility in the use of such funds, including utilization to address resources for young companies that have been negatively impacted by the COVID-19 pandemic.)
Amendment 26: Provide authority for Superintendent of Public Instruction to grant temporary flexibility or issue waivers due to COVID-19
Item 143 | Education | | | |
| Department of Education, Central Office Operations | | | Language |
Language:
Page 134, after line 21, insert:
"I. Notwithstanding the provisions set forth in this Act or in § 22.1, Code of Virginia, the Superintendent of Public Instruction may grant temporary flexibility or issue waivers of certain deadlines and requirements that cannot be met due to the state of emergency or school closures resulting from Novel Coronavirus (COVID-19). Such flexibility or waivers may include, but are not limited to, accreditation, testing and assessments, graduation, licensure, including temporary licensure, school calendars, and program applications and reports due to the Department of Education or Board of Education. Such authority only applies to deadlines and requirements for fiscal year 2020 (school year 2019-2020) or fiscal year 2021 (school year 2020-2021). Prior to granting any flexibility or waivers pursuant to this language, the Superintendent of Public Instruction must report to the Secretary of Education and substantiate how the state of emergency or school closures resulting from COVID-19 impacted each deadline or requirement, the proposed alternative, and the affected fiscal and school years. Subsequently, information about waivers or flexibility extended shall be reported to the Board of Education and made available on the agency website."
Explanation:
(This amendment authorizes the Superintendent of Public Instruction to grant temporary flexibility or issue waivers of certain deadlines and requirements that cannot be met for fiscal year 2020 (school year 2019-2020) or fiscal year 2021 (school year 2020-2021) due to the state of emergency or school closures resulting from the COVID-19 pandemic.)
Amendment 27: Unallot spending increases in response to potential revenue shortfall
Item 143.10 | Education | | | |
| Department of Education, Central Office Operations | | | Language |
Language:
Page 134, after line 21, insert:
"143.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Address increased workload in the Office of Teacher Education and Licensure | $136,514 | $136,514 |
| Develop the Virginia Learner Equitable Access Platform (VA LEAP) | $0 | $7,131,000 |
| Increase support for Virginia Preschool Initiative class observations and professional development | $650,000 | $650,000 |
| Support annual Education Equity Summer Institute | $135,000 | $135,000 |
| Agency Total | $921,514 | $8,052,514" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 28: Maintain existing school counselor ratios
Item 145 | Education | FY 20-21 | FY 21-22 | |
| Direct Aid to Public Education | ($21,681,426) | ($28,395,270) | GF |
| | | | |
Language:
Page 145, line 28, strike "$7,849,230,965" and "$8,045,146,276" and insert "$7,827,549,539" and "$8,016,751,006".
Page 145, line 30, strike "$6,736,198,072" and "$6,786,449,517" and insert "$6,715,643,181" and "$6,760,121,905".
Page 145, line 32, strike "$400,539,209" and "$536,727,683" and insert "$399,412,674" and "$534,660,025".
Page 145, line 36, strike "$7,026,276,567" and "$7,293,676,606" and insert "$7,004,595,142" and "$7,265,281,336".
Page 145, line 39, strike "$819,959,398" and insert "$819,959,397".
Page 146, line 5, strike "$3,626,240,443" and "$3,633,940,749" and insert "$3,609,565,746" and "$3,612,499,672".
Page 146, line 8, strike "$62,038,659" and insert "$62,037,147".
Page 146, line 10, strike "$432,324,608" and "$433,529,427" and insert "$432,323,121" and "$433,527,914".
Page 146, line 14, strike "$503,553,612" and "$505,925,471" and insert "$500,930,006" and "$502,639,077".
Page 146, line 15, strike "$216,078,481" and "$217,020,172" and insert "$214,915,707" and "$215,609,194".
Page 146, line 16, strike "$15,234,675" and "$15,360,994" and insert "$15,142,348" and "$15,174,856".
Page 146, line 18, strike "$6,736,198,072" and "$6,786,449,517" and insert "$6,715,643,181" and "$6,760,121,905".
Page 146, line 20, strike "$94,693,737" and "$192,627,868" and insert "$94,322,745" and "$191,668,158".
Page 146, line 21, strike "$19,506,153" and "$20,134,313" and insert "$19,504,533" and "$20,130,033".
Page 146, line 22, strike "$150,656,358" and "$174,340,385" and insert "$149,902,435" and "$173,236,717".
Page 146, line 44, strike "$400,539,209" and "$536,727,683" and insert "$399,412,674" and "$534,660,025".
Page 147, line 8, strike "$58,224,142" and "$60,977,948" and insert "$58,195,186" and "$60,940,599".
Page 147, line 18, strike "$9,499,367" and "$9,800,304" and insert "$9,526,559" and "$9,834,814".
Page 147, line 27, strike "$1,146,885" and "$1,183,905" and insert "$1,148,649" and "$1,186,744".
Page 159, line 46, strike "$150,656,358" and "$174,340,385" and insert "$149,902,435" and "$173,236,717".
Page 159, line 47, strike "$58,224,142" and "$60,977,948" and insert "$58,195,186" and "$60,940,599".
Page 160, line 43, strike "$9,499,367" and "$9,800,304" and insert "$9,526,559" and "$9,834,814".
Page 161, line 23, strike "$304,118" and insert "$304,117".
Page 161, line 24, strike "$612,971" and insert "$612,979".
Page 176, line 47, strike "$410,122" and insert "$408,502".
Page 176, line 48, strike "$839,020" and insert "$834,740".
Page 181, line 6, strike "$95,103,859" and insert "$94,731,247".
Page 181, line 7, strike "$304,118" and insert "$304,117".
Page 181, line 7, strike "$193,466,888" and insert "$192,502,898".
Page 181, line 8, strike "$612,971" and insert "$612,979".
Page 181, line 13, strike "$410,122" and insert "$408,502".
Page 181, line 14, strike "$839,020" and insert "$834,740".
Page 181, line 16, strike "$304,118" and insert "$304,117".
Page 181, line 17, strike "$612,971" and insert "$612,979".
Page 183, line 40, strike "$8,961,527,752" and "$9,155,865,650" and insert "$8,939,846,326" and "$9,127,470,380".
Page 183, line 41, strike "$7,072,048,121" and "$7,337,870,747" and insert "$7,050,366,696" and "$7,309,475,477".
Page 183, line 44, strike "$819,959,398" and insert "$819,959,397".
Page 152, after line 39, insert:
"g. Notwithstanding the provisions of subsection H of § 22.1-253.13:2, Code of Virginia, each school board shall employ the following full-time equivalent school counselor positions for any school that reports fall membership, according to the type of school and student enrollment: in elementary schools, one hour per day per 91 students, one full-time at 455 students, one hour per day additional time per 91 students or major fraction thereof; in middle schools, one period per 74 students, one full-time at 370 students, one additional period per 74 students or major fraction thereof; in high schools, one period per 65 students, one full-time at 325 students, one additional period per 65 students or major fraction thereof."
Explanation:
(This amendment maintains state funding for school counselors at the fiscal year 2020 (school year 2019-2020) staffing ratios.)
Amendment 29: Unallot spending increases in response to potential revenue shortfall
Item 146.10 | Education | | | |
| Direct Aid to Public Education | | | Language |
Language:
Page 183, after line 39, insert:
"146.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Alleghany-Covington consolidation | $0 | $582,000 |
| Support the Western Virginia Public Education Consortium | $50,000 | $50,000 |
| Maximize pre-kindergarten access for at-risk three- and four-year-old children | $35,027,435 | $48,436,297 |
| Recruit and retain early childhood educators | $3,000,000 | $5,000,000 |
| Support African American history education | $1,300,000 | $0 |
| Support history education through the American Civil War Museum | $1,000,000 | $0 |
| Provide no loss funding to localities | $1,776,174 | $1,973,585 |
| Expand access to school meals | $5,300,000 | $5,300,000 |
| Increase salaries for funded Standards of Quality instructional and support positions | $94,731,247 | $192,502,898 |
| Increase support for at-risk students | $26,164,313 | $35,173,962 |
| Increase support for Communities in Schools | $760,000 | $760,000 |
| Increase support for Jobs for Virginia Graduates | $1,670,000 | $1,670,000 |
| Enrollment loss | $2,540,119 | $2,102,530 |
| Chesterfield Recovery High School | $250,000 | $250,000 |
| YMCA Power Scholars Academies | $450,000 | $450,000 |
| Brooks Crossing Innovation and Opportunity Center | $250,000 | $250,000 |
| Emil and Grace Shihadeh Innovation Center | $250,000 | $0 |
| Literacy Lab - VPI Minority Educator Fellowship | $300,000 | $0 |
| Soundscapes - Newport News | $90,000 | $0 |
| Cost of Competing Adjustment | $9,555,229 | $9,968,849 |
| Active Learning grants | $250,000 | $0 |
| Blue Ridge PBS | $500,000 | $500,000 |
| Bonder and Amanda Johnson Community Development Corporation | $100,000 | $0 |
| Agency Total | $185,314,517 | $304,970,121" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 30: Amend language for new TAG requirements
Item 150 | Education | | | |
| State Council of Higher Education for Virginia | | | Language |
Language:
Page 186, line 22, after "enrolled" insert "exclusively".
Page 186, line 24, after "enrolled" insert "exclusively".
Page 186, strike line 26 and insert "the 2019-2020 award amounts for as long as the student maintains enrollment in each successive fiscal year, unless granted an exception for cause by SCHEV, until current degree completion or current degree program eligibility limits have otherwise expired, whichever comes first. This requirement shall not be applicable to otherwise place-based students required by the institution to receive distance learning instruction due to on-going COVID-19-related concerns. Council shall develop appropriate guidance for implementation of this requirement, including definitions and administrative procedures."
Explanation:
(This amendment adds language to allow for possible COVID-19 student displacement in fall 2020, as well as clarifies phase-out and eligibility requirements for Tuition Assistance Grant (TAG) awards to Virginia residents attending Virginia based, private, not-for-profit institutions of higher education.)
Amendment 31: Unallot spending increases in response to potential revenue shortfall
Item 155.10 | Education | | | |
| State Council of Higher Education for Virginia | | | Language |
Language:
Page 193, after line 6, insert:
"155.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for cost study | $150,000 | $150,000 |
| Provide funding for Title IX training | $100,000 | $100,000 |
| Provide funding for Grow Your Own Teacher program | $125,000 | $125,000 |
| Provide funding for Guidance to Postsecondary Success | $250,000 | $250,000 |
| Increase funding for Virginia Tuition Assistance Grant Program (TAG) | $4,100,000 | $7,900,000 |
| Increase funding for Virginia Military Survivors & Dependent Education Program | $750,000 | $750,000 |
| Increase appropriation for internship program | $300,000 | $1,300,000 |
| Add funding for VIVA | $400,000 | $400,000 |
| Provide funding for the Virginia Earth System Scholars program | $220,375 | $220,375 |
| Agency Total | $6,395,375 | $11,195,375" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 32: Unallot spending increases in response to potential revenue shortfall
Item 159.10 | Education | | | |
| Christopher Newport University | | | Language |
Language:
Page 194, after line 46, insert:
"159.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $249,600 | $249,600 |
| Agency Total | $249,600 | $249,600" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 33: Unallot spending increases in response to potential revenue shortfall
Item 163.10 | Education | | | |
| The College of William and Mary in Virginia | | | Language |
Language:
Page 197, after line 41, insert:
"163.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| CWM - Graduate Aid (Research) | $79,400 | $119,300 |
| Increase undergraduate student financial assistance | $133,000 | $133,000 |
| Agency Total | $212,400 | $252,300" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 34: Unallot spending increases in response to potential revenue shortfall
Item 167.10 | Education | | | |
| Richard Bland College | | | Language |
Language:
Page 199, after line 47, insert:
"167.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $154,400 | $154,300 |
| RBC - Compliance, Accreditation and Student Success | $708,000 | $708,000 |
| Agency Total | $862,400 | $862,300" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 35: Unallot spending increases in response to potential revenue shortfall
Item 170.10 | Education | | | |
| Virginia Institute of Marine Science | | | Language |
Language:
Page 202, after line 8, insert:
"170.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fund saltwater fisheries survey | $250,000 | $250,000 |
| VIMS - Manage Aquatic Diseases | $225,000 | $225,000 |
| VIMS - Graduate Aid (Research) | $53,400 | $80,000 |
| Agency Total | $528,400 | $555,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 36: Unallot spending increases in response to potential revenue shortfall
Item 174.10 | Education | | | |
| George Mason University | | | Language |
Language:
Page 205, after line 31, insert:
"174.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $6,945,000 | $6,944,900 |
| Provide funding to support graduate financial aid | $53,400 | $80,000 |
| Provide additional funding to support enrollment growth | $10,000,000 | $12,000,000 |
| Agency Total | $16,998,400 | $19,024,900" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 37: Unallot spending increases in response to potential revenue shortfall
Item 178.10 | Education | | | |
| James Madison University | | | Language |
Language:
Page 207, after line 45, insert:
"178.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $1,279,400 | $1,279,400 |
| Agency Total | $1,279,400 | $1,279,400" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 38: Unallot spending increases in response to potential revenue shortfall
Item 182.10 | Education | | | |
| Longwood University | | | Language |
Language:
Page 209, after line 37, insert:
"182.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $787,400 | $787,400 |
| Develop a 2+2 degree pathway in Early Childhood Education | $137,410 | $137,410 |
| Agency Total | $924,810 | $924,810" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 39: Allow NSU to utilize OCR balances for any institutional need
Item 183 | Education | | | |
| Norfolk State University | | | Language |
Language:
Page 210, line 29, after "general activities" insert "or its auxiliary enterprise activities."
Explanation:
(Adds language allowing Norfolk State University (NSU) to utilize any year-end balances from the state funds provided to meet the requirements of Virginia's settlement with the federal Office of Civil Rights (OCR) for the purpose of addressing any education and general (E&G) or auxiliary funding issues associated with COVID-19.)
Amendment 40: Unallot spending increases in response to potential revenue shortfall
Item 186.10 | Education | | | |
| Norfolk State University | | | Language |
Language:
Page 212, after line 21, insert:
"186.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| NSU - Center for African American Policy | $250,000 | $250,000 |
| Support First-Day Success program | $75,000 | $75,000 |
| Launch Virginia College Affordability Network initiative | $3,459,590 | $4,872,765 |
| Increase undergraduate student financial assistance | $1,632,200 | $1,632,200 |
| Increase storage and expand information technology services | $3,000,000 | $2,500,000 |
| Implement UTeach program | $250,000 | $250,000 |
| Implement academic advising model | $300,000 | $300,000 |
| Ensure continuation of Spartan Pathways | $150,000 | $150,000 |
| Agency Total | $9,116,790 | $10,029,965" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 41: Unallot spending increases in response to potential revenue shortfall
Item 190.10 | Education | | | |
| Old Dominion University | | | Language |
Language:
Page 215, after line 52, insert:
"190.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to support graduate financial aid | $165,800 | $248,600 |
| Support Virginia Symphony Orchestra minority fellowships | $250,000 | $250,000 |
| Provide additional funding to support enrollment growth | $10,000,000 | $12,000,000 |
| Increase undergraduate student financial assistance | $5,337,000 | $5,337,000 |
| Agency Total | $15,752,800 | $17,835,600" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 42: Unallot spending increases in response to potential revenue shortfall
Item 195.10 | Education | | | |
| Radford University | | | Language |
Language:
Page 218, after line 10, insert:
"195.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $2,538,400 | $2,538,400 |
| Provide funding to reduce tuition at Carilion Campus in Roanoke | $2,000,000 | $4,000,000 |
| Agency Total | $4,538,400 | $6,538,400" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 43: Unallot spending increases in response to potential revenue shortfall
Item 202.10 | Education | | | |
| University of Mary Washington | | | Language |
Language:
Page 220, after line 40, insert:
"202.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fredericksburg Pipeline Initiative | $386,500 | $568,000 |
| Increase undergraduate student financial assistance | $470,400 | $470,300 |
| Agency Total | $856,900 | $1,038,300" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 44: Unallot spending increases in response to potential revenue shortfall
Item 206.10 | Education | | | |
| University of Virginia | | | Language |
Language:
Page 224, after line 31, insert:
"206.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to support graduate financial aid | $222,800 | $334,200 |
| Fund Virginia Humanities Curriculum and Humanities Ambassadors | $500,000 | $500,000 |
| Increase undergraduate student financial assistance | $320,400 | $320,300 |
| Agency Total | $1,043,200 | $1,154,500" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 45: Unallot spending increases in response to potential revenue shortfall
Item 213.10 | Education | | | |
| University of Virginia's College at Wise | | | Language |
Language:
Page 227, after line 16, insert:
"213.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $402,800 | $402,700 |
| Agency Total | $402,800 | $402,700" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 46: Unallot spending increases in response to potential revenue shortfall
Item 219.10 | Education | | | |
| Virginia Commonwealth University | | | Language |
Language:
Page 232, after line 11, insert:
"219.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide additional funding to support the Center on Aging | $100,000 | $100,000 |
| Provide graduate financial aid | $140,400 | $210,700 |
| Provide additional funding to support the Education Policy Institute | $300,000 | $300,000 |
| Provide additional funding to support Massey Cancer Center | $7,500,000 | $2,500,000 |
| Increase undergraduate student financial assistance | $4,638,400 | $4,638,400 |
| Provide funding to support the Wilder School of Government | $250,000 | $250,000 |
| Agency Total | $12,928,800 | $7,999,100" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 47: Unallot spending increases in response to potential revenue shortfall
Item 225.10 | Education | | | |
| Virginia Community College System | | | Language |
Language:
Page 243, after line 7, insert:
"225.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $2,271,000 | $2,271,000 |
| Implement the Get Skilled, Get a Job, Give Back program | $36,000,000 | $35,000,000 |
| Fund hospitality apprenticeship program | $250,000 | $250,000 |
| Fund VWCC Healthcare Programs from RUC Merger | $0 | $386,746 |
| Provide funding for health science and technology pilot | $0 | $350,000 |
| Provide general operating support | $4,000,000 | $4,000,000 |
| Fund Hub for Innovation, Virtual Reality, and Entrepreneurship | $1,000,000 | $0 |
| Fund collaboration with Portsmouth Public Schools' Minority & Women Business Enterprise Advisory Committee | $386,746 | $386,746 |
| Agency Total | $43,907,746 | $42,642,923" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 48: Unallot spending increases in response to potential revenue shortfall
Item 230.10 | Education | | | |
| Virginia Military Institute | | | Language |
Language:
Page 245, after line 20, insert:
"230.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase undergraduate student financial assistance | $26,800 | $26,700 |
| Core Leadership course | $100,047 | $103,048 |
| Math Education and Miller Academic Centers | $122,500 | $126,000 |
| Agency Total | $249,347 | $255,748" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 49: Unallot spending increases in response to potential revenue shortfall
Item 235.10 | Education | | | |
| Virginia Polytechnic Institute and State University | | | Language |
Language:
Page 248, after line 53, insert:
"235.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to support graduate financial aid | $284,800 | $427,200 |
| Increase undergraduate student financial assistance | $1,623,200 | $1,623,200 |
| Agency Total | $1,908,000 | $2,050,400" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 50: Unallot spending increases in response to potential revenue shortfall
Item 236.10 | Education | | | |
| Virginia Cooperative Extension and Agricultural Experiment Station | | | Language |
Language:
Page 249, after line 40, insert:
"236.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to support the Richmond County Extension Agent | $50,000 | $50,000 |
| Agency Total | $50,000 | $50,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 51: Allow VSU to utilize OCR balances for any institutional need
Item 237 | Education | | | |
| Virginia State University | | | Language |
Language:
Page 250, line 34, after "year." insert:
"Virginia State University may expend any prior year end balances to support its educational and general activities or its auxiliary enterprise activities."
Explanation:
(This amendment adds language allowing Virginia State University (VSU) to utilize any year-end balances from the state funds provided to meet the requirements of Virginia's settlement with the federal Office of Civil Rights (OCR) for the purpose of addressing any educational and general (E&G) or auxiliary funding issues associated with COVID-19.)
Amendment 52: Unallot spending increases in response to potential revenue shortfall
Item 240.10 | Education | | | |
| Virginia State University | | | Language |
Language:
Page 252, after line 48, insert:
"240.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Expand Supplemental Instructional program | $320,000 | $320,000 |
| Support Intrusive Advising Early Warning System | $150,000 | $150,000 |
| Provide funding for data center modernization | $1,644,000 | $144,000 |
| Launch Virginia College Affordability Network | $3,773,490 | $4,872,765 |
| Increase undergraduate student financial assistance | $1,477,000 | $1,477,000 |
| Implement Summer Bridge program | $319,900 | $442,350 |
| Implement UTeach program | $250,000 | $250,000 |
| Agency Total | $7,934,390 | $7,656,115" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 53: Unallot spending increases in response to potential revenue shortfall
Item 241.10 | Education | | | |
| Cooperative Extension and Agricultural Research Services | | | Language |
Language:
Page 253, after line 26, insert:
"241.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for state match | $1,461,956 | $1,535,054 |
| Agency Total | $1,461,956 | $1,535,054" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 54: Unallot spending increases in response to potential revenue shortfall
Item 244.10 | Education | | | |
| Jamestown-Yorktown Foundation | | | Language |
Language:
Page 255, after line 6, insert:
"244.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Commemoration closeout costs | $442,870 | $8,702 |
| One-time funding for site infrastructure | $167,113 | $0 |
| Education Programs | $491,200 | $345,100 |
| Marketing and tourism promotion | $208,000 | $245,000 |
| Agency Total | $1,309,183 | $598,802" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 55: Unallot spending increases in response to potential revenue shortfall
Item 248.10 | Education | | | |
| The Library Of Virginia | | | Language |
Language:
Page 256, after line 22, insert:
"248.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for Virginia's Centennial Commemoration of Women's Suffrage | $95,000 | $0 |
| Provide funding to expedite release of gubernatorial records | $400,000 | $400,000 |
| Increase aid to local libraries | $1,000,000 | $1,000,000 |
| Agency Total | $1,495,000 | $1,400,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 56: Unallot spending increases in response to potential revenue shortfall
Item 249.10 | Education | | | |
| The Science Museum of Virginia | | | Language |
Language:
Page 257, after line 6, insert:
"249.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Security upgrades. | $210,000 | $210,000 |
| Agency Total | $210,000 | $210,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 57: Unallot spending increases in response to potential revenue shortfall
Item 252.10 | Education | | | |
| Virginia Commission for the Arts | | | Language |
Language:
Page 258 after line 4, insert:
"252.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase support for grants | $1,645,886 | $2,645,886 |
| Agency Total | $1,645,886 | $2,645,886" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 58: Unallot spending increases in response to potential revenue shortfall
Item 253.10 | Education | | | |
| Virginia Museum of Fine Arts | | | Language |
Language:
Page 258, after line 39, insert:
"253.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for storage lease costs and IT upgrades | $400,000 | $400,000 |
| Agency Total | $400,000 | $400,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 59: Unallot spending increases in response to potential revenue shortfall
Item 255.10 | Education | | | |
| Eastern Virginia Medical School | | | Language |
Language:
Page 259, after line 43, insert:
"255.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide base operating support | $625,000 | $625,000 |
| Agency Total | $625,000 | $625,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 60: Unallot spending increases in response to potential revenue shortfall
Item 256.10 | Education | | | |
| New College Institute | | | Language |
Language:
Page 260, after line 23, insert:
"256.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide additional support for staffing | $95,000 | $95,000 |
| Agency Total | $95,000 | $95,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 61: Unallot spending increases in response to potential revenue shortfall
Item 257.10 | Education | | | |
| Institute for Advanced Learning and Research | | | Language |
Language:
Page 260, after line 49, insert:
"257.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Add funding for staffing | $95,000 | $95,000 |
| Agency Total | $95,000 | $95,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 62: Unallot spending increases in response to potential revenue shortfall
Item 258.10 | Education | | | |
| Roanoke Higher Education Authority | | | Language |
Language:
Page 261, after line 9, insert:
"258.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Academic student success center. | $213,254 | $146,356 |
| Security and safety. | $98,817 | $47,944 |
| Agency Total | $312,071 | $194,300" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 63: Unallot spending increases in response to potential revenue shortfall
Item 259.10 | Education | | | |
| Southern Virginia Higher Education Center | | | Language |
Language:
Page 262, after line 11, insert:
"259.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Personnel & Technical Training Equipment | $293,972 | $95,000 |
| Agency Total | $293,972 | $95,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 64: Unallot spending increases in response to potential revenue shortfall
Item 260.10 | Education | | | |
| Southwest Virginia Higher Education Center | | | Language |
Language:
Page 262, after line 33, insert:
"260.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Add funding for staffing | $95,000 | $95,000 |
| Provide funding for Rural IT Apprenticeship Program | $500,000 | $500,000 |
| Agency Total | $595,000 | $595,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 65: Unallot spending increases in response to potential revenue shortfall
Item 261.10 | Education | | | |
| Southeastern Universities Research Association Doing Business for Jefferson Science Associates, LLC | | | Language |
Language:
Page 263, after line 12, insert:
"261.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Leverage the Center for Nuclear Femtography | $250,000 | $250,000 |
| Agency Total | $250,000 | $250,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 66: Unallot spending increases in response to potential revenue shortfall
Item 262.10 | Education | | | |
| Online Virginia Network Authority | | | Language |
Language:
Page 263, after line 33, insert:
"262.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Online Virginia Network - JMU | $1,000,000 | $1,000,000 |
| Agency Total | $1,000,000 | $1,000,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 67: Unallot spending increases in response to potential revenue shortfall
Item 262.60 | Education | | | |
| In-State Undergraduate Tuition Moderation | | | Language |
Language:
Page 264, after line 45, insert:
"262.60 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Tuition moderation | $54,750,000 | $25,000,000 |
| Agency Total | $54,750,000 | $25,000,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 68: Delay the report on the study of collective bargaining
Item 264 | Finance | | | |
| Secretary of Finance | | | Language |
Language:
Page 268, line 20, strike "2020" and insert "2021".
Explanation:
(This amendment delays the issuance of a report on the study of collective bargaining for state employees until November 1, 2021.)
Amendment 69: Technical adjustment to recordation tax language
Item 273 | Finance | | | |
| Department of Accounts Transfer Payments | | | Language |
Language:
Page 273, line 35, after "E." insert "1.".
Page 273, after line 38, insert:
"2. Notwithstanding the provisions of § 58.1-816, Code of Virginia, the appropriation in this Item for the distribution of recordation taxes is not subject to the sum sufficient provisions of this Item."
Explanation:
(This amendment makes a technical change to clarify that appropriated amounts for recordation tax are not subject to sum sufficient provisions.)
Amendment 70: Unallot spending increases in response to potential revenue shortfall
Item 279.10 | Finance | | | |
| Department of Accounts Transfer Payments | | | Language |
Language:
Page 275, after line 53, insert:
"279.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for a voluntary deposit to the Revenue Reserve Fund | $0 | $300,000,000 |
| Agency Total | $0 | $300,000,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 71: Unallot spending increases in response to potential revenue shortfall
Item 287.10 | Finance | | | |
| Department of the Treasury | | | Language |
Language:
Page 286, after line 17, insert:
"287.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for a new position in the Cash Management and Investments Division | $100,003 | $109,093 |
| Agency Total | $100,003 | $109,093" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 72: Amend language to require an interim report on the special education private day services rate study
Item 293 | Health and Human Resources | | | |
| Children’s Services Act | | | Language |
Language:
Page 299, strike lines 29 through 31, and insert:
"3. The Office of Children's Services shall submit preliminary findings on the continuation of the study on rates for private day special education services to the Joint Legislative Audit and Review Commission no later than Sept. 1, 2020 for review and incorporation into their 2020 study on the Children’s Services Act. The Office of Children's Services shall provide a final report on the study's findings to the Governor and the Chairmen of the Senate Finance and Appropriations and House Appropriations Committees by June 1, 2021."
Explanation:
(This amendment requires the Office of Children's Services to provide an interim report on the establishment of a rate methodology for private day special education services to the Joint Legislative Audit and Review Commission and clarifies the report required on June 1, 2021, to be the final report.)
Amendment 73: Unallot spending increases in response to potential revenue shortfall
Item 293.10 | Health & Human Resources | | | |
| Children's Services Act | | | Language |
Language:
Page 299, after line 38, insert:
"293.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Finalize rate study for private day special education programs | $250,000 | $0 |
| Increase training funds for the Children's Services Act | $50,000 | $50,000 |
| Agency Total | $300,000 | $50,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 74: Expand access to long acting reversible contraceptives
Item 302 | Health & Human Resources | | | |
| Department of Health | | Language | |
| | | | |
Language:
Page 308, line 36, strike "hormonal".
Page 308, line 36, strike "that".
Page 308, line 37, strike "delay or prevent ovulation".
Explanation:
(This amendment increases access to all long acting reversible contraceptives (LARC) by removing the prohibition on non-hormonal LARCs. Providers participating in the program report that the current restriction is an unnecessary barrier to patients accessing contraception.)
Amendment 75: Unallot spending increases in response to potential revenue shortfall
Item 307.10 | Health & Human Resources | | | |
| Department of Health | | | Language |
Language:
Page 315, after line 39, insert:
"307.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Support a position at the Mel Leaman Free Clinic | $30,000 | $30,000 |
| Add funding for community health workers - two year pilot | $0 | $289,168 |
| Fund Behavioral Health Loan Repayment Program and Nursing Preceptor Incentive Position | $88,914 | $88,914 |
| Establish Nursing Preceptor Incentive Program | $500,000 | $500,000 |
| Establish Behavioral Health Loan Repayment Program | $1,600,000 | $1,600,000 |
| Increase support for poison control centers | $1,500,000 | $0 |
| Establish the Virginia Sexual and Domestic Violence Prevention Fund | $750,000 | $750,000 |
| Increases in rent for Local Health Department facilities | $75,889 | $75,889 |
| Increase Hampton Roads Proton Therapy Institute funding | $1,500,000 | $1,500,000 |
| Establish Sickle Cell Patient Assistance Program | $250,000 | $250,000 |
| Increase support for Special Olympics Virginia | $10,000 | $10,000 |
| Add funding for a data management system for Virginia's Drinking Water Program | $150,000 | $250,000 |
| Add funding for building Office of Health Equity infrastructure and capacity | $150,000 | $150,000 |
| Adds positions for the Shellfish Safety Division | $168,270 | $168,270 |
| Increase general fund and nongeneral fund appropriation related to the EPA Drinking Water State Revolving Fund grant | $482,400 | $482,400 |
| Add funding and a position for a wastewater infrastructure manager | $131,880 | $131,880 |
| Agency Total | $7,387,353 | $6,276,521" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 76: Fund initial cost of COVID-19 response
Item 313 | Health & Human Resources | FY 20-21 | FY 21-22 | |
| Department of Medical Assistance Services | $1,032,955 | $0 | GF |
| | $2,661,925 | $0 | NGF |
Language:
Page 317, line 36, strike "$16,026,527,645" and insert "$16,030,222,525".
Page 317, line 41, strike "$10,100,558,642" and insert "$10,104,253,522".
Explanation:
(This amendment increases funding to cover the cost of policy changes implemented by the Department of Medical Assistance Services in response to COVID-19. These actions include expanding the use of telemedicine, waiving service authorizations and eliminating cost sharing.)
Amendment 77: Increase nursing facility rates in response to COVID-19
Item 313 | Health & Human Resources | | | |
| Department of Medical Assistance Services | | | Language |
Language:
Page 351, after line 17, insert:
"LLLLL. The Department of Medical Assistance Services shall increase nursing home and specialized care per diem rates by $20 per day per patient effective for the period of the Governor's Declaration of a State of Emergency due to COVID-19. Such adjustment shall be made through existing managed care capitation rates as a mandated specified rate increase for the period of the Governor’s emergency declaration. DMAS shall adjust capitation rates to account for the nursing facility rate increase and reflect the duration of the Governor’s emergency. Should the nursing facility rate increase necessitate state spending in excess of those funds appropriated in this Item; then, notwithstanding the provisions of §4-3.02 of this Act, the Secretary of Finance may authorize an interest-free treasury loan for DMAS to offset the cost of the required nursing facility rate increase. The department shall have the authority to file all necessary regulatory authorities without delay, make any necessary contract changes, and implement these reimbursement changes without regard to existing regulations. The specified rate increase in this paragraph applies across fee-for-service and Medicaid managed care."
Explanation:
(This amendment increases nursing home and specialized care per diem rates by $20 per day per patient effective for the period of the Governor's Declaration of a State of Emergency due to COVID-19. Further, authorization for a treasury loan is provided should appropriated state funding be insufficient to cover costs.)
Amendment 78: Authorize changes to medical assistance programs in response to COVID-19
Item 317 | Health & Human Resources | | | |
| Department of Medical Assistance Services | | | Language |
Language:
Page 359, after line 10, insert:
"DD. Notwithstanding any other provision of law, the Department of Medical Assistance Services (DMAS) shall have temporary authority to seek any necessary emergency changes to the State Plan for Medical Assistance Services and related waivers to address the COVID-19 pandemic. In addition, DMAS is authorized to make changes to managed care organization (MCO) contracts consistent with the activities implemented under the provisions of this paragraph. Further, the 45-day notification requirement pursuant to paragraph E.1. of Item 313 is temporarily waived. Prior to the implementation of any change authorized under the provisions of this paragraph, DMAS must receive written approval of such change from the Governor. Within 15 days of implementing changes to medical assistance programs or MCO contracts in response to COVID-19, DMAS shall send a list of such actions to the Director, Department of Planning and Budget and the Chairs of the House Appropriations and Senate Finance and Appropriations Committees. The provisions of this paragraph, as well as all actions implemented under its authority, shall be in accordance with the Governor's Declaration of a State of Emergency due to COVID-19 and be in effect for the period specified therein. Moreover, the provisions of this paragraph and all actions implemented under its authority shall expire with the Governor’s emergency declaration."
Explanation:
(This amendment provides DMAS temporary authority to make immediate changes to its medical assistance programs in response to COVID-19. Any change would be subject to the Governor’s approval and must be reported within 15 days. Authorization and any program changes will expire with the Governor’s emergency declaration.)
Amendment 79: Provide flexibility to adjust medical assistance payment dates
Item 317 | Health & Human Resources | | | |
| Department of Medical Assistance Services | | | Language |
Language:
Page 359, after line 10, insert:
"DD. Notwithstanding any other provision of law, the Department of Medical Assistance Services (DMAS) shall have the authority to adjust the date of any agency payments should doing so allow the agency to maximize federal reimbursement. This language shall only apply to the extent that any impacted payments or reimbursements are allowable and appropriate under state and federal rules."
Explanation:
(This amendment allows DMAS to advance any appropriate and allowable payment in an effort to take advantage of enhanced federal matching funds.)
Amendment 80: Unallot general fund FMAP savings
Item 317 | Health & Human Resources | | | |
| Department of Medical Assistance Services | | | Language |
Language:
Page 359, after line 10, insert:
"DD. Within 10 days of the enactment of this Act, the Department of Medical Assistance Services (DMAS) shall generate an estimate of the annual impact of enhanced federal Medical Assistance Percentages (FMAP), associated with federal H.R. 6021, the Families First Coronavirus Response Act (FFCRA), on all medical assistance programs as appropriated in this Act. The agency shall report these estimates by fiscal year, fiscal quarter, service area and fund detail, to the Department of Planning and Budget (DPB) and the Chairs of the House Appropriations and Senate Finance and Appropriation Committees within the required timeframe. DPB is authorized to unallot an amount of state funds equal to the general fund savings identified in the DMAS report. Upon expiration of the enhanced FMAP, DPB is authorized to re-allot funding for those quarters for which assumed enhanced FMAP is not available."
Explanation:
(This amendment requires that DMAS identify all state savings associated with the federal government increasing the FMAP rate (to 56.2%) for medical assistance services. Further, DPB is authorized to unallot an amount of state funds equal to the general fund savings identified by DMAS.)
Amendment 81: Unallot spending increases in response to potential revenue shortfall
Item 317.10 | Health & Human Resources | | | |
| Department of Medical Assistance Services | | | Language |
Language:
Page 359, after line 10, insert:
"317.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Supplemental Payments for Children's National Medical Center | $354,766 | $354,766 |
| Fund Managed Care Contract Changes | $812,600 | $1,014,350 |
| Increase Medicaid Rates for Anesthesiologists | $253,376 | $262,491 |
| Increase Payment Rate by 9.5% for Nursing Homes with Special Populations | $493,097 | $506,903 |
| Increase mental health provider rates | $2,374,698 | $2,458,479 |
| Add 250 DD Waiver Slots in FY 2022 | $0 | $4,133,500 |
| Modify Nursing Facility Operating Rates at Four Facilities | $733,303 | $754,247 |
| Increase Medicaid Nursing Facility Reimbursement | $6,794,541 | $6,984,788 |
| Implement episodic payment models for certain conditions | $75,957 | $124,707 |
| Increase DD Waiver Provider Rates Using Updated Data | $21,395,221 | $22,037,077 |
| Increase Developmental Disability (DD) waiver rates | $3,639,663 | $3,748,853 |
| Increase rates for skilled and private duty nursing services | $6,245,286 | $6,245,286 |
| Provide care coordination prior to release from incarceration | $347,803 | $465,440 |
| Increase Rates for Psychiatric Residential Treatment Facilities | $7,599,696 | $7,599,696 |
| Medicaid Rate Setting Analysis | $300,000 | $0 |
| Add Medicaid Adult Dental Benefits | $8,743,420 | $25,304,935 |
| Allow Overtime for Personal Care Attendants | $9,609,223 | $9,609,223 |
| Expand opioid treatment services | $421,476 | $1,273,633 |
| Medicaid MCO Reimbursement for Durable Medical Equipment | $345,621 | $352,534 |
| Modify Capital Reimbursement for Certain Nursing Facilities | $119,955 | $119,955 |
| Allow FAMIS MOMS to access substance use disorder treatment in an institution for mental disease | $307,500 | $356,775 |
| Fund home visiting services | $0 | $11,750,159 |
| Fund costs of Medicaid-reimbursable STEP-VA services | $486,951 | $2,293,826 |
| Extend FAMIS MOMS' postpartum coverage to 12 months | $1,114,936 | $2,116,376 |
| Enhance behavioral health services | $3,028,038 | $10,273,553 |
| Medicaid Works for Individuals with Disabilities | $114,419 | $228,838 |
| Exempt Live-in Caretakers from EVV Program | $507,500 | $373,000 |
| Expand Tobacco Cessation Coverage | $34,718 | $34,718 |
| Adjust medical residency award language | $1,350,000 | $2,600,000 |
| Increase Rate for Adult Day Health Care | $796,755 | $833,109 |
| Eliminate 40 quarter work requirement for legal permanent residents | $1,172,091 | $3,289,890 |
| Agency Total | $79,572,610 | $127,501,107" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 82: Amend language to temporarily adjust licensing requirements
Item 318 | Health and Human Resources | | | |
| Department of Behavioral Health and Developmental Services | | | Language |
Language:
Page 359, after line 52, insert:
"C.1. In order to minimize the risk of exposure to infectious diseases and to protect individuals served by licensed providers as well as provider and department staff, the department, at its discretion, may conduct less than one annual unannounced inspection of each service offered by each licensed provider during the 2020 calendar year. The department shall prioritize, based on available time and necessary safety precautions, annual unannounced inspections at licensed services directly affected by the Commonwealth’s settlement agreement with the United States Department of Justice.
2. Notwithstanding § 37.2-415, Code of Virginia, and regulations 12VAC35-105-50A.1.b and 12VAC35-46-90.A, the commissioner of the Department of Behavioral Health and Developmental Services or any authorized agent may extend the period of any conditional license issued by the department beyond twelve months, until December 31, 2020.
3. During a state of emergency as declared by the Governor, the commissioner of the Department of Behavioral Health and Developmental Services may issue licensing status letters to children’s residential providers in order to prevent lapse of children’s residential licenses due to inability to conduct an onsite inspection, and may extend the renewal period of licensed children’s residential services."
Explanation:
(This amendment provides flexibility for licensing activities that have been affected by the COVID-19 pandemic and the resulting declared state of emergency. Because of limited ability to do onsite inspections, the department will not be able to meet current Code and regulatory requirements.)
Amendment 83: Unallot spending increases in response to potential revenue shortfall
Item 321.10 | Health & Human Resources | | | |
| Department of Behavioral Health and Developmental Services | | | Language |
Language:
Page 368, after line 8, insert:
"321.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide additional funds for the Virginia Mental Health Access Program | $4,224,388 | $4,224,388 |
| Provide funds for administrative costs of STEP-VA | $726,807 | $1,222,908 |
| Train workforce in preparation for behavioral health redesign | $129,253 | $129,253 |
| Jewish Foundation for Group Homes | $89,396 | $35,818 |
| Adverse childhood experiences initiative | $143,260 | $143,260 |
| Alternative transportation from state hospitals | $150,000 | $150,000 |
| Increase funding for statewide discharge assistance plans | $7,500,000 | $12,500,000 |
| Provide grants to recovery residences | $250,000 | $250,000 |
| Pilot Programs for facility census reduction | $7,500,000 | $7,500,000 |
| Agency Total | $20,713,104 | $26,155,627" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 84: Unallot spending increases in response to potential revenue shortfall
Item 322.10 | Health & Human Resources | | | |
| Grants to Localities | | | Language |
Language:
Page 373, after line 12, insert:
"322.10 A. Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase permanent supportive housing capacity | $8,500,000 | $17,000,000 |
| Expand forensic discharge planning programs in jails | $1,400,000 | $2,100,800 |
| Provide funds for partial implementation of STEP-VA | $19,704,173 | $30,151,414 |
| Agency Total | $29,604,173 | $49,252,214" |
B. Notwithstanding the provisions of Chapters 607 and 683, 2017 Acts of Assembly, and paragraph MM. of Item 322 of this Act, no Community Services Board or Behavioral Health Authority shall be required to provide any service pursuant to the to the System Transformation, Excellence and Performance in Virginia (STEP-VA) process, beyond those services funded in Chapter 854, 2019 Acts of Assembly. Any new service requirements shall be subject to appropriation and allotment of funds for that purpose.
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic. This amendment also eliminates the requirement that Community Services Boards and Behavioral Health Authorities increase the number of core services pursuant to the System Transformation, Excellence and Performance in Virginia (STEP-VA) process beyond those services that are funded in Chapter 854, 2019 Acts of Assembly, unless appropriation is available.)
Amendment 85: Unallot spending increases in response to potential revenue shortfall
Item 328.10 | Health & Human Resources | | | |
| Mental Health Treatment Centers | | | Language |
Language:
Page 374, after line 39, insert:
"328.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide for increased pharmacy costs at state facilities | $966,638 | $966,638 |
| Increase funding for safety and security in state facilities | $2,299,637 | $3,066,182 |
| Add critical clinical staffing at the Commonwealth Center for Children and Adolescents | $765,428 | $765,428 |
| Agency Total | $4,031,703 | $4,798,248" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 86: Unallot spending increases in response to potential revenue shortfall
Item 338.10 | Health & Human Resources | | | |
| Virginia Center for Behavioral Rehabilitation | | | Language |
Language:
Page 376, after line 39, insert:
"338.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Support expanded facility and projected census growth | $536,003 | $5,393,750 |
| Agency Total | $536,003 | $5,393,750" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 87: Unallot spending increases in response to potential revenue shortfall
Item 346.10 | Health & Human Resources | | | |
| Department for Aging and Rehabilitative Services | | | Language |
Language:
Page 382, after line 48, insert:
"346.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Dementia Case Management | $150,000 | $150,000 |
| Centers for Independent Living | $425,000 | $425,000 |
| Brain Injury Services | $1,000,000 | $1,000,000 |
| Align personal attendant services hourly pay with Medicaid rates | $99,320 | $99,320 |
| Jewish Social Services Agency | $50,000 | $50,000 |
| Agency Total | $1,724,320 | $1,724,320" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 88: Unallot spending increases in response to potential revenue shortfall
Item 348.10 | Health & Human Resources | | | |
| Wilson Workforce and Rehabilitation Center | | | Language |
Language:
Page 383, after line 34, insert:
"348.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Funding for Vehicle Purchase | $80,000 | $0 |
| Agency Total | $80,000 | $0" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 89: Unallot general fund FMAP savings
Item 354 | Health and Human Resources | | | |
| Department of Social Services | | | Language |
Language:
Page 394, after line 27, insert:
"V. Within 10 days of the enactment of this Act, the Department of Social Services (DSS) shall generate an estimate of the annual impact of enhanced federal Medical Assistance Percentages (FMAP), associated with federal H.R. 6021, the Families First Coronavirus Response Act (FFCRA), on all Title IV-E foster care and adoptions programs as appropriated in this Act. The agency shall report these estimates by fiscal year, fiscal quarter, service area and fund detail, to the Department of Planning and Budget (DPB) and the Chairs of the House Appropriations and Senate Finance and Appropriations Committees within the required timeframe. DPB is authorized to unallot an amount of state funds equal to the general fund savings identified in the DMAS report. Upon expiration of the enhanced FMAP, DPB is authorized to re-allot funding for those quarters for which assumed enhanced FMAP is not available."
Explanation:
(This amendment requires that DSS identify all state savings associated with the federal government increasing the federal Medical Assistance Percentages (FMAP) rate (to 56.2%). This enhanced rate increases the federal match rate for Title IV-E foster care and adoption services, which reduces the amount of general fund needed to support current service levels. Any identified funds can be unallotted and reserved for reprogramming by the Governor and the General Assembly at the 2021 session. This language is included in HB 29 and HB 30.)
Amendment 90: Add language for emergency licensure exemption and background check portability for child day programs operating solely for children of essential personnel
Item 357 | Health and Human Resources | | | |
| Department of Social Services | | | Language |
Language:
Page 399, after line 40, insert:
"H. 1. A child day program that operates for children of essential personnel, who are in need of child care as a result of the COVID-19 pandemic, shall be exempt from licensure. Programs operating under this emergency licensing exemption must file an exemption with the Department and abide by the requirements set forth in § 63.2-1715(C) and (D). The Commissioner shall have the authority to inspect these programs only upon receipt of a complaint, except as otherwise provided by law.
2. An instructional program operating under § 63.2-1715 (A) solely for children of essential personnel must file with the Commissioner a statement indicating the intent to operate the program and identifying that the program will operate solely for the children of essential personnel. All emergency child care programs shall follow Centers for Disease Control and Prevention and Virginia Department of Health guidance on safety measures to prevent the spread of COVID-19.
I. When a child day program operates in response to the COVID-19 pandemic, a background check for an individual associated with a child day program operating solely for children of essential personnel shall not be required for any individual who has completed a background check under the provisions of § 63.2-1720.1 or § 63.2-1721.1 within the previous two years and who continues to be eligible. The Department shall establish a process regarding background check portability, and child day program providers seeking portability must follow this process.
J. Any public or accredited private school may operate emergency child care for preschool or school aged children of essential personnel during a declared state or local emergency due to COVID-19. Such programs shall be exempt from licensure (§ 63.2-1715) and shall be subject to safety and supervisory standards, including background checks, established by the local school division or accredited private school offering the program. All emergency child care programs shall follow Centers for Disease Control and Prevention and Virginia Department of Health guidance on safety measures to prevent the spread of COVID-19."
Explanation:
(This amendment adds language to allow emergency child care programs to be set up to care for children of essential workers during the COVID-19 state of emergency.)
Amendment 91: Add language to permit emergency program changes related to COVID-19 response
Item 359 | Health and Human Resources | | | |
| Department of Social Services | | | Language |
Language:
Page 402, after line 6, insert:
"I. Notwithstanding any other provision of law, the Department of Social Services (DSS) shall have temporary authority to make any changes to relevant State Plans, request waivers from applicable Federal agencies, change eligibility criteria for benefits and services, and payment levels for applicable programs in response to the COVID-19 pandemic and new authorities and funding made available by the federal government to effect those policies necessary to ensure that benefits are available to eligible populations in response to COVID-19. Prior to the implementation of any change, DSS must receive written approval from the Governor. Within 15 days of implementing changes in response to COVID-19, DSS shall send a list of such actions to the Director, Department of Planning and Budget and the Chairs of the House Appropriations and Senate Finance and Appropriations Committees. The provisions of this paragraph, as well as any actions implemented under its authority, shall be in accordance with the Governor’s emergency declaration for COVID-19 and be in effect for the period specified therein."
Explanation:
(This amendment adds language to give the Department of Social Services the authority to make certain changes to program eligibility and enrollment in response to COVID-19.)
Amendment 92: Amend language at the Department of Social Services to reflect identical language at the Department of Education
Item 359 | Health and Human Resources | | | |
| Department of Social Services | | | Language |
Language:
Page 401, strike lines 38 through 48.
Page 401, after line 37, insert:
"F. The Superintendent of Public Instruction shall convene a work group to develop and establish a plan to transfer the Child Care Development Fund grant from the Virginia Department of Social Services to the Virginia Department of Education no later than July 1, 2021. The work group shall include representatives of (i) the Secretariats of Education and Health and Human Resources; (ii) relevant state agencies, including the Department of Planning and Budget, the Office of the Attorney General, the Department of Education, and the Department of Social Services; (iii) relevant regulatory boards, including the Board of Education; and (iv) the House Committee on Appropriations and the Senate Committee on Finance and Appropriations. The goal of this transfer is to house responsibility of child care and education programs under one agency. The plan shall be submitted to the Governor, the Chairs of the House Appropriations and Senate Finance and Appropriations Committees, and Director of the Department of Planning and Budget no later than August 15, 2020. Such plan shall confirm the funding amounts and positions that need to be transferred between the impacted agencies, and shall identify any savings or additional costs associated with the transfer of these programs. The review shall also assess any potential administrative impacts on the Department of Social Services and the Department of Education."
Explanation:
(This amendment makes language in the Department of Social Services identical to language in the Department of Education.)
Amendment 93: Unallot spending increases in response to potential revenue shortfall
Item 361.10 | Health & Human Resources | | | |
| Department of Social Services | | | Language |
Language:
Page 403, after line 7, insert:
"361.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Create a driver's license program for foster care youth | $100,000 | $200,000 |
| Increase TANF benefits and income eligibility | $1,159,901 | $1,159,901 |
| Provide prevention services for children and families | $3,410,050 | $8,410,050 |
| Adjust local staff minimum salary to stabilize workforce | $5,592,707 | $5,592,707 |
| Allocate one-time funding for the Laurel Center | $500,000 | $0 |
| Implement emergency approval process for kinship caregivers | $75,000 | $75,000 |
| Continue Linking Systems of Care program | $187,443 | $467,116 |
| Improve planning and operations of state-run emergency shelters | $188,945 | $152,117 |
| Fund 2-1-1 VIRGINIA contract costs | $153,614 | $153,614 |
| Fund adult licensing and child welfare unit licensing | $0 | $2,130,394 |
| Fund an evaluation team for evidence-based practices | $801,328 | $765,187 |
| Implement Family First evidence-based services | $1,074,500 | $1,074,500 |
| Fund the child welfare forecast | $722,339 | $722,339 |
| Fund local departments of social services prevention services | $12,455,329 | $17,437,461 |
| Fund foster care and adoptions cost of living adjustments | $2,262,173 | $2,262,173 |
| Fund emergency shelter management software and application | $492,800 | $154,000 |
| Fund child welfare systems improvements | $250,000 | $0 |
| Fund the replacement of the agency licensing system | $2,220,134 | $431,638 |
| Agency Total | $31,646,263 | $41,188,197" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 94: Unallot spending increases in response to potential revenue shortfall
Item 369.10 | Health & Human Resources | | | |
| Department for the Blind and Vision Impaired | | | Language |
Language:
Page 405, after line 24, insert:
"369.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Maintain independent living teachers for blind, vision impaired, or DeafBlind individuals | $397,842 | $397,842 |
| Increase workforce services for vision impaired individuals | $1,583,020 | $1,583,020 |
| Agency Total | $1,980,862 | $1,980,862" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 95: Unallot spending increases in response to potential revenue shortfall
Item 375.10 | Natural Resources | | | |
| Department of Conservation and Recreation | | | Language |
Language:
Page 414, after line 19, insert:
"375.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase dam safety floodplain management positions | $229,637 | $229,637 |
| Environmental Literacy Program | $170,000 | $170,000 |
| Increase funding for the Virginia Land Conservation Fund | $5,500,000 | $5,500,000 |
| Riverfront Park Danville | $740,000 | $0 |
| Natural Bridge State Park Operations | $376,364 | $376,364 |
| Establish a dam safety lead engineer position | $170,758 | $170,758 |
| Mason Neck State Park Staffing | $160,800 | $160,800 |
| Support state park operations | $556,000 | $556,000 |
| Pocahontas State Park New Cabin O&M | $152,273 | $152,273 |
| Provide funding for management of Green Pastures Recreation Area | $342,678 | $209,509 |
| Provide for preventative maintenance needs at state parks | $500,000 | $500,000 |
| Provide a supplemental deposit to the Water Quality Improvement Fund | $0 | $25,410,000 |
| Supplemental Water Quality Improvement Fund amount | $3,840,000 | $0 |
| Increase funding for dam rehabilitation projects | $15,000,000 | $0 |
| Agency Total | $27,738,510 | $33,435,341" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 96: Unallot spending increases in response to potential revenue shortfall
Item 380.10 | Natural Resources | | | |
| Department of Environmental Quality | | | Language |
Language:
Page 419, after line 23, insert:
"380.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Air Protection | $1,386,451 | $1,978,451 |
| Land Protection | $1,659,834 | $1,659,834 |
| Water Protection | $3,142,973 | $8,309,747 |
| Agency Total | $6,189,258 | $11,948,032" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 97: Provide permitting authority
Item 383 | Natural Resources | | | |
| Department of Game and Inland Fisheries | | | Language |
Language:
Page 420, after line 30, insert:
"D.1. Subject to review and approval by the Secretary of Natural Resources, the Director of the Department of Game and Inland Fisheries may issue to the Department of Transportation an interim permit to relocate the nest and eggs of any state listed threatened bird species from critical areas of the Hampton Roads Bridge Tunnel Expansion Project’s South Island associated with the ingress and egress to the island; the delivery, assembly, and immediate operations of the tunnel boring machine; or other project critical locations as mutually agreed to by the Commissioner of Highways and the Director, which, if not relocated, would effectively require all substantial construction activities to cease.
2. Prior to the issuance of an interim permit as described in section 1, (i) the Director must determine that the Department of Transportation and its design-build contractor have taken all reasonable steps to prevent birds from nesting on the South Island, in accordance with the Colonial Nesting Bird Management Plan dated March 27, 2020, (ii) the Commissioner of Highways must determine that substantial construction activities will have to cease if the nest and eggs are not relocated, and (iii) the Director shall require as a condition of the interim permit that the nest and any eggs will be relocated under the supervision of the Department of Game and Inland Fisheries to a location acceptable to the Director that is as close as possible to the original nesting location while allowing construction activities to continue.
3. Within 30 days of the adoption by the Board of Game and Inland Fisheries of any regulation governing the take of migratory birds or threatened and endangered species, the Department of Transportation shall apply for a permit covering such take for the Hampton Roads Bridge-Tunnel expansion project.
4. Any agency that exercises the authority granted in paragraph D.1, or that issues any permit that has an adverse impact on fish and wildlife or their habitat, may require compensatory mitigation for such adverse impact as a condition of issuing the permit.
a. For the purposes of this section, "compensatory mitigation" means addressing the direct and indirect adverse impacts to fish and wildlife and their habitats that may be caused by a construction project by avoiding and minimizing impacts to the extent practicable and then compensating for the remaining impacts.
b. Proposed compensatory mitigation agreements between an agency and a permittee shall be subject to the approval of the Secretary of Natural Resources, and may include environmental restoration projects, purchase of mitigation bank credits, or in-lieu payments to existing state funds related to conservation of fish and wildlife and their habitat."
Explanation:
(This amendment authorizes the Director of the Department of Game and Inland Fisheries to issue an interim permit to the Department of Transportation to relocate the nest and eggs of any state listed threatened bird species from critical areas of the Hampton Roads Bridge Tunnel Expansion Project's South Island.)
Amendment 98: Unallot spending increases in response to potential revenue shortfall
Item 386.10 | Natural Resources | | | |
| Department of Historic Resources | | | Language |
Language:
Page 424, after line 28, insert:
"386.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for the Center for African-American History and Culture at Virginia Union University | $1,000,000 | $0 |
| Provide additional funding to support staff salaries | $123,360 | $123,360 |
| Provide additional funding to support the Historical Highway Marker program | $200,000 | $0 |
| Provide funding to digitize highway markers for the Virginia African American History Trail | $100,000 | $0 |
| Provide funding to increase the Director's salary | $15,968 | $15,968 |
| Provide funding to support a cemetery preservationist position | $108,337 | $108,337 |
| Provide additional funding for Montpelier | $1,000,000 | $0 |
| Provide funding to the County of Brunswick | $50,000 | $0 |
| Provide funding to County of Fairfax for NOVA Parks | $250,000 | $0 |
| Provide additional funding for the Battlefield Preservation Fund | $250,000 | $250,000 |
| Provide funding to County of Arlington | $75,000 | $0 |
| Provide additional funding and positions for underwater archaeology program | $159,479 | $159,479 |
| Provides funding to the City of Richmond for cultural initiatives | $1,000,000 | $0 |
| Provides funding to the City of Charlottesville for cultural initiatives | $500,000 | $0 |
| Provides funding to the City of Alexandria to support cultural initiatives | $2,443,000 | $0 |
| Provide funding and add language for the County of Gloucester | $100,000 | $0 |
| Provides funding to the City of Staunton for the Woodrow Wilson Presidential Library | $250,000 | $0 |
| Agency Total | $7,625,144 | $657,144" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 99: Unallot spending increases in response to potential revenue shortfall
Item 390.10 | Natural Resources | | | |
| Marine Resources Commission | | | Language |
Language:
Page 426, after line 19, insert:
"390.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for a coastal resiliency manager position | $78,250 | $78,150 |
| Provide funding for the removal of a derelict barge in Belmont Bay | $250,000 | $0 |
| Provide funding for outboard motors | $96,436 | $0 |
| Provide funding for a position in the fisheries observer program | $81,795 | $57,695 |
| Provide funding for unmanned aerial vehicles | $18,672 | $0 |
| Virginia Aquarium and Marine Science Foundation | $50,000 | $0 |
| Agency Total | $575,153 | $135,845" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 100: Adjust funding for legislation projected to increase the need for prison beds
Item 402 | Public Safety and Homeland Security | FY 20-21 | FY 21-22 | |
| Department of Corrections | ($50,000) | $0 | GF |
| | | | |
Language:
Page 435, line 35, strike "$180,922,172" and insert "$180,872,172".
Page 438, line 24, strike "$1,000,000" and insert "$950,000".
Page 438, line 31, after "House Bill 123" insert "and Senate Bill 838".
Page 439, strike line 3.
Explanation:
(This amendment reduces funding for bills passed by the 2020 General Assembly that may impact the need for prison bed space. Funding was provided in the Enrolled Bill for HB 123 and SB 838, which are duplicate bills. This amendment removes duplicate funding.)
Amendment 101: Provide authority for the Director to discharge or reassign certain prisoners
Item 402 | Public Safety and Homeland Security | | | |
| Department of Corrections | | | Language |
Language:
Page 439, after line 3, insert:
"402 W.1. Notwithstanding any other provision of law, upon the declaration by the Governor of a state of emergency pursuant to § 44-146.17 of the Code of Virginia in response to a communicable disease of public health threat as defined in § 44-146.16 of the Code of Virginia, the Director shall, during the duration of the declared emergency, have the authority to (i) discharge from incarceration or (ii) place into a lower level of supervision, including probation supervision, home electronic incarceration, or other forms of community corrections, any prisoner committed to the Department who has less than one year of his sentence remaining to be served prior to his scheduled release if the Director determines that (a) any such discharge or placement during the declared emergency will assist in maintaining the health, safety, and welfare of any prisoner discharged or placed or the prisoners remaining in state correctional facilities and (b) any such discharge or placement is compatible with the interests of society and public safety.
2. The provisions of this section shall not apply to a prisoner convicted of a Class 1 felony or a sexually violent offense as defined in § 37.2-900 of the Code of Virginia.
3. The Director shall develop procedures for implementing the provisions of this section which shall include provisions addressing reentry planning in accordance with § 53.1-32.2 of the Code of Virginia. To the extent practicable, the Director shall comply with all provisions of the Virginia Code relating to providing notice of a prisoner's discharge; however, any failure to comply with such notice provisions shall not affect the Director's authority to discharge a prisoner pursuant to this section.
4. The provisions of this section shall expire on July 1, 2021."
Explanation:
(Provides authority for the Director of the Department of Corrections to discharge or lower the supervision level of certain prisoners upon the declaration of a state of emergency by the Governor due to a public health threat. This authority is temporary and expires on July 1, 2021.)
Amendment 102: Unallot spending increases in response to potential revenue shortfall
Item 402.10 | Public Safety and Homeland Security | | | |
| Department of Corrections | | | Language |
Language:
Page 439, after line 3, insert:
"402.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Implement an electronic healthcare records system in all state correctional facilities | $0 | $8,935,649 |
| Fund pilot programs between the Department of Corrections and university health systems to provide offender medical care | $3,646,925 | $5,935,253 |
| Adjust salaries for correctional officers | $6,831,121 | $7,864,561 |
| Provide funding to study offender medical service delivery in state correctional facilities | $500,000 | $0 |
| Provide additional operating funds for Lawrenceville Correctional Center | $994,331 | $994,331 |
| Transfer funding for the Department of Corrections' electronic health records system | $3,000,000 | $3,000,000 |
| Provide funding and two positions to support Board of Corrections jail investigations | $170,125 | $226,832 |
| Agency Total | $15,142,502 | $26,956,626" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 103: Unallot spending increases in response to potential revenue shortfall
Item 409.10 | Public Safety and Homeland Security | | | |
| Department of Criminal Justice Services | | | Language |
Language:
Page 447, after line 18, insert:
"409.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for pre-release and post-incarceration services | $1,000,000 | $1,000,000 |
| Provide security grant aid to localities | $1,500,000 | $1,500,000 |
| Immigration Legal and Social Services Grant Funding | $250,000 | $250,000 |
| Post Critical Incident Support for Law Enforcement Personnel | $200,000 | $200,000 |
| State Aid to Localities with Police Departments | $8,628,574 | $8,628,574 |
| Provide funding to expand pretrial and local probation services | $2,300,000 | $2,300,000 |
| Agency Total | $13,878,574 | $13,878,574" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 104: Unallot spending increases in response to potential revenue shortfall
Item 414.30 | Public Safety and Homeland Security | | | |
| Department of Emergency Management | | | Language |
Language:
Page 452, after line 43, insert:
"414.30 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding to migrate software and agency-owned servers to the cloud | $1,505,760 | $1,043,336 |
| Agency Total | $1,505,760 | $1,043,336" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 105: Unallot spending increases in response to potential revenue shortfall
Item 417.10 | Public Safety and Homeland Security | | | |
| Department of Fire Programs | | | Language |
Language:
Page 453, after line 40, insert:
"417.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide general fund appropriation to support one position | $24,886 | $24,886 |
| Agency Total | $24,886 | $24,886" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 106: Unallot spending increases in response to potential revenue shortfall
Item 418.10 | Public Safety and Homeland Security | | | |
| Department of Forensic Science | | | Language |
Language:
Page 454, after line 47, insert:
"418.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fund information technology analyst positions | $185,160 | $246,880 |
| Fund laboratory equipment maintenance contracts | $248,000 | $368,000 |
| Agency Total | $433,160 | $614,880" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 107: Add language pertaining to a study and information sharing
Item 425 | Public Safety | | | |
| Department of State Police | | | Language |
Language:
Page 460, line 30, after "G." insert " 1."
Page 460, after line 37, insert:
"2. The Department of State Police shall, upon request, provide to the Department of Juvenile Justice any information it possesses as a result of carrying out the provisions of §§ 16.1-337.1, 19.2-389, 19.2-389.1, 37.2-819 and 64.2-2014, Code of Virginia, to enable the Department to link the data held pursuant to those provisions with other relevant data held by the Commonwealth, and then to de-identify it, for the purpose of evaluating the impact of carrying out these provisions on the public health and safety, pursuant to a research grant to Duke University and a subcontract with the University of Virginia."
Explanation:
(This amendment provides language to allow the Department of State Police to share information with the Department of Juvenile Justice for the purpose of collecting data for a study on public health and safety.)
Amendment 108: Unallot spending increases in response to potential revenue shortfall
Item 428.10 | Public Safety and Homeland Security | | | |
| Department of State Police | | | Language |
Language:
Page 463, after line 54, insert:
"429.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fund record sealing reform legislation | $108,800 | $0 |
| Agency Total | $108,800 | $0" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 109: Unallot spending increases in response to potential revenue shortfall
Item 429.10 | Public Safety and Homeland Security | | | |
| Virginia Parole Board | | | Language |
Language:
Page 464, after line 22, insert:
"429.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for part-time investigators | $406,392 | $406,392 |
| Provide funding for a part-time release planning coordinator position | $42,319 | $42,319 |
| Agency Total | $448,711 | $448,711" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 110: Amend language to delay Six-Year Improvement Program update
Item 430 | Transportation | | | |
| Secretary of Transportation | | | Language |
Language:
Page 468, after line 25, insert:
"O.1. Notwithstanding § 33.2-214, the Six-Year Improvement Program adopted June 19, 2019, and as amended shall remain in effect through June 30, 2021, or until a new Six-Year Improvement Program is adopted that is based on the official Commonwealth Transportation Fund revenue forecast reflecting the impacts of COVID-19 pandemic.
2. Notwithstanding any other provisions of law, the assistance provided for fiscal year 2021 under Item 442 A.1.a and A.1.c may be maintained up to the levels allocated in the Six Year Improvement Program approved by the Commonwealth Transportation Board on June 19, 2019 until a Six-Year Improvement Program is adopted pursuant to paragraph O.1. of this item."
Explanation:
(This amendment allows the existing transportation Six-Year Improvement Program to remain in effect through June 30, 2021, or until a new program can be adopted based on updated revenue forecasts reflecting the impact of COVID-19.)
Amendment 111: Amend language to provide funding flexibility for transportation core operations and services
Item 430 | Transportation | | | |
| Secretary of Transportation | | | Language |
Language:
Page 468, after line 25, insert:
"O. Notwithstanding §§ 33.2-1524, 33.2-1524.1 and other related provisions of the Code of Virginia, the Commonwealth Transportation Board may adjust the amounts appropriated, allocated, and distributed to the various Transportation agencies and programs to ensure sufficient funding to maintain and continue core operations and services threatened by revenue reductions related to the COVID-19 pandemic. Such actions shall be reported to the chairs of the House Appropriations, House Finance, and Senate Finance and Appropriations Committees within 30 days."
Explanation:
(This amendment provides flexibility to the Commonwealth Transportation Board to adjust the amounts appropriated, allocated, and distributed to the various transportation agencies and programs to ensure sufficient funding to maintain and continue core operations and services threatened by revenue reductions related to the COVID-19 pandemic.)
Amendment 112: Amend language to update code citation
Item 432 | Transportation | | | |
| Department of Aviation | | | Language |
Language:
Page 469, line 34, strike "subdivision A 3 of § 58.1-638" and insert "§ 33.2-1526.6"
Explanation:
(This amendment amends language to update an obsolete Code of Virginia citation to the current relevant code section.)
Amendment 113: Restore surcharge authorization associated with REAL ID driver’s licenses
Item 436 | Transportation | | | |
| Department of Motor Vehicles | | | Language |
Language:
Page 472, after line 19, insert:
"O. The Department is authorized to impose a $10 surcharge on all first issuances of REAL ID compliant credentials that are acceptable for federal purposes."
Explanation:
(This amendment restores language giving the Department of Motor Vehicles the authority to apply a $10 surcharge on processing applications for REAL ID driver’s licence. This language was inadvertently removed during the development of the biennial budget. Without this surcharge, the Department of Motor Vehicles will be unable to support the additional personnel hired to issue the REAL ID credentials.)
Amendment 114: Amend language to provide flexibility on use of I-64 toll revenue
Item 450 | Transportation | | | |
| Virginia Department of Transportation | | | Language |
Language:
Page 480, line 27, after "Interstate 564." insert "However, such funds may be used to support other related projects if mutually agreed upon by the Hampton Roads Accountability Commission and the Commonwealth Transportation Board."
Explanation:
(This amendment adds language providing flexibility on the use of I-64 toll revenues in the Hampton Roads area to address regional contractual and project needs.)
Amendment 115: Amend language to correct reference for transportation debt service
Item 452 | Transportation | | | |
| Virginia Department of Transportation | | | Language |
Language:
Page 483, line 37, strike "recordation taxes" and insert "state transportation revenues"
Explanation:
(This amendment amends language to reflect use of state transportation revenues for Oak Grove Connector debt service payments to reflect changes included in the omnibus transportation bill (HB1414/SB890).)
Amendment 116: Amend language to provide for indirect cost from the CTF
Item 453 | Transportation | | | |
| Virginia Department of Transportation | | | Language |
Language:
Page 485, line 12, strike "Transportation Trust Fund" and insert "Commonwealth Transportation Fund"
Explanation:
(This amendment amends language to provide for indirect costs from the Commonwealth Transportation Fund (CTF) to reflect changes included in the omnibus transportation bill (HB1414/SB890).)
Amendment 117: Amend Camp Pendleton Lease Agreement language
Item 462 | Veterans and Defense Affairs | | | |
| Secretary of Veterans and Defense Affairs | | | Language |
Language:
Page 492, line 4, strike "gate" and insert "access control point, including all desirable or required supporting facilities,".
Page 492, line 7, strike "gate" and insert "access control point".
Page 492, line 8, strike "prior to" and insert "within 30 days of lease execution but no later than".
Page 492, line 9, strike "prior to" and insert "12 months after lease execution but no later than".
Page 492, line 13, after "into the", insert "initial and any subsequent".
Page 492, line 14, after "years", strike the remainder of the line and insert "upon such terms and conditions as negotiated between the parties to the lease, which may include an additional annual payment pursuant to the terms of the lease.".
Page 492, strike line 15.
Page 492, line 16, strike "the terms of the lease agreement.".
Explanation:
(This amendment provides clarification on aspects of an authorized long-term lease of state owned property and preserves the power for both parties to negotiate.)
Amendment 118: Reverse transfer of funding and one position to Veterans Services Foundation
Item 466 | Veterans and Defense Affairs | FY 20-21 | FY 21-22 | |
| Department of Veterans Services | $70,000 | $70,000 | GF |
| | 1.00 | 1.00 | FTE |
Language:
Page 494, line 27, strike "$2,645,063" and insert "$2,715,063".
Page 494, line 27, strike "$2,645,063" and insert "$2,715,063".
Explanation:
(This amendment reverses the transfer of one budget support position and associated funding from the Veterans Services Foundation to the Department of Veterans Services.)
Amendment 119: Unallot spending increases in response to potential revenue shortfall
Item 466.10 | Veterans and Defense Affairs | | | |
| Department of Veterans Services | | | Language |
Language:
Page 494, after line 31, insert:
"466.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Virginia Women Veterans Program | $106,139 | $106,139 |
| Support mental health and benefits positions and fund maintenance and information technology needs | $1,045,040 | $1,276,753 |
| Provide funding for the National Museum of the United States Army | $3,000,000 | $0 |
| Agency Total | $4,151,179 | $1,382,892" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 120: Reverse transfer of funding and one position to Veterans Services Foundation
Item 468 | Veterans and Defense Affairs | FY 20-21 | FY 21-22 | |
| Veterans Services Foundation | ($70,000) | ($70,000 | ) GF |
| | (1.00) | (1.00) | FTE |
Language:
Page 494, line 45, strike "$351,575" and insert "$281,575".
Page 494, line 45, strike "$351,575" and insert "$281,575".
Explanation:
(This amendment reverses the transfer of one budget support position and associated funding from the Veterans Services Foundation to the Department of Veterans Services.)
Amendment 121: Unallot spending increases in response to potential revenue shortfall
Item 473.10 | Veterans and Defense Affairs | | | |
| Department of Military Affairs | | | Language |
Language:
Page 496, after line 35, insert:
"473.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Increase funding for state tuition assistance | $250,000 | $250,000 |
| Agency Total | $250,000 | $250,000" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 122: Amend redistricting funding language
Item 479 | Central Appropriations | | | |
| Central Appropriations | | | Language |
Language:
Page 515, strike lines 28 through 31 and insert:
"L. Out of this appropriation is included up to $1,069,500 the first year and up to $1,069,500 the second year from the general fund for the purpose of redistricting, which shall include expenses related to the Virginia Redistricting Commission if approved by voter referendum in the November, 2020 general election. The Department of Planning and Budget is authorized to transfer these amounts to the applicable state agency or agencies to support the purposes of redistricting, including supporting the Commission if approved."
Explanation:
(This amendment makes a technical adjustment to language governing the transfer of amounts for redistricting.)
Amendment 123: COVID-19 response authority
Item 479.10 | Central Appropriations | | | |
| Central Appropriations | | | Language |
| | | | |
Language:
Page 515, after line 47, insert:
"479.10 Disaster Planning and Operations (72200) $0 $0
Pandemic Response (72211) $0 $0
A.1. The Governor is hereby authorized to appropriate sums to state agencies, institutions of higher education, and other permissible entities the federal funding provided pursuant to the Coronavirus Preparedness and Response Supplemental Appropriations Act (P.L. 116-123), the Families First Coronavirus Response Act (P.L. 116-127), the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116- 136), and any other federal funding provided through subsequent legislation approved by Congress with regard to the Coronavirus public health emergency. For the purposes of this item, such federal funding shall be referred collectively to as "federal relief funds". All such federal relief funds shall be subject to applicable federal rules and regulations governing these funds. Amounts so allocated are hereby appropriated subject to the provisions and conditions contained in this item.
2. Records Management and Reporting
a. Agencies receiving federal relief funds shall comply with the financial or other data reporting requirements set forth by the State Comptroller or the Director of the Department of Planning and Budget and shall compile and maintain all records necessary to fulfill such reporting requirements and to meet any subsequent audit of the expenditure of such federal funds.
b. Agencies receiving federal relief funds shall comply with all federal reporting requirements for the receipt of any funds and shall compile and maintain all records necessary to fulfill such reporting requirements and to meet any subsequent audit of the expenditure of such federal funds.
c. Agencies receiving federal relief funds shall comply with any requirements established to ensure the transparency of the use or expenditure of such federal funds.
3. The Governor or his designee shall submit a quarterly report to the Chairs of House Appropriations and Senate Finance and Appropriations Committees that itemizes any appropriation action of federal relief funds.
4. It is the intent of the General Assembly that the Commonwealth maximize the use of the federal relief funds. The Governor shall take all reasonable actions necessary to apply for federal relief funds. The Governor shall further ensure that funds are appropriated, distributed, and utilized in a manner that is consistent with the provisions of state and federal law.
B. The Governor is authorized to appropriate, within this item or any other item of this Act, any revenues deposited to the COVID-19 Relief Fund created pursuant to House Bill 881 and Senate Bill 971 of the 2020 Session of the General Assembly. Such appropriations shall be used for the purposes of responding to the impacts of the COVID-19 pandemic which shall include, but not be limited to, i) relief to small businesses, ii) assistance for housing and homelessness, iii) assistance for long term care facilities, and iv) any other purpose designated by the Governor to address the impact of the COVID-19 pandemic. The Governor is authorized to transfer such appropriations and associated revenues to agencies designated to carry out the services required to address the COVID-19 pandemic. The Governor or his designee shall report the use of the COVID-19 Relief Fund to the Chairs of House Appropriations and Senate Finance and Appropriations Committees on a quarterly basis.
C. Any reports required by paragraphs A or B above may be submitted electronically. Further, the reporting requirement shall be considered to have been met if the required information is posted on a public website.
D. Any unexpended balance remaining in this Item on June 30, 2021, or June 30, 2022, shall be carried forward on the books of the Comptroller and shall be available for expenditure in the next biennium."
Explanation:
(This amendment provides authority for the Governor to appropriate federal funding provided specifically by Congress related to the Coronavirus Pandemic or from revenues deposited to the COVID-19 Relief Fund. It also provides guidance for reporting the use of these funds.)
Amendment 124: Unallot spending increases in response to potential revenue shortfall
Item 482.10 | Central Appropriations | | | |
| Central Appropriations | | | Language |
Language:
Page 517, after line 22, insert:
"482.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Provide funding for Slavery and Freedom Heritage Site in Richmond | $1,000,000 | $0 |
| Upgrade the Integrated Flood Observation and Warning System (IFLOWS) | $1,000,000 | $1,000,000 |
| Compensation Actions for State Employees and State-Supported Locals | $118,087,286 | $146,766,525 |
| Adjust general fund support to agencies for increased internal service fund rates | $161,465 | $223,189 |
| Reduce state employee retiree health insurance credit amortization period | $3,881,799 | $4,050,565 |
| Adjust funding to agencies for information technology auditors and security officers | $180,746 | $180,746 |
| Adjust funding for changes in the cost of rent for enhanced security | $1,742,906 | $2,518,778 |
| Agency Total | $126,054,202 | $154,739,803" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 125: Unallot spending increases in response to potential revenue shortfall
Item 497.10 | Independent Agencies | | | |
| Virginia Workers' Compensation Commission | | | Language |
Language:
Page 524, after line 43, insert:
"497.10 Notwithstanding the provisions set forth in this Act, the amounts listed below associated with increased general fund spending within this agency shall be immediately unallotted upon enactment of these appropriations from the applicable Items of this agency and any other relevant Item of this act. Further, notwithstanding the provisions of this Act, any language associated with the spending listed below shall not be applicable unless, after such unallotment, a base amount of funding remains to which such language would be applicable or unless such language previously appeared in Chapter 854, 2019 Acts of Assembly. Any amounts referenced within any other Items of this Act that reflect or include the spending amounts listed below shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. No agency shall spend, commit, or otherwise obligate the amounts listed below from any source of funds for any of the purposes stated below or any other funds that may be unallotted.
| | FY 2021 | FY 2022 |
| Fund medical expenses for victims of sexual assault | $4,708,576 | $4,708,576 |
| Agency Total | $4,708,576 | $4,708,576" |
Explanation:
(This amendment unallots increases in discretionary spending amounts pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 126: Allow delays in implementation of capital projects
Item 2-0 | General Conditions | | | |
| General Conditions | | | Language |
Language:
Page 533, after line 15, insert:
"Q. The Governor or his designee is authorized to direct state agencies, authorities, and institutions of higher education listed in the state budget to delay the initiation or continuation of capital projects supported by state revenues in response to cash flow and debt capacity concerns resulting from the COVID-19 emergency. These actions shall remain in place until the General Assembly reauthorizes the capital budget after acceptance of a revenue forecast that confirms the revenues estimated within this Act."
Explanation:
(This amendment adds language allowing the Governor to delay the initiation or continuation of capital projects supported with general fund or state-supported debt appropriations in order to address cash flow and debt capacity concerns resulting from the COVID-19 emergency, until the General Assembly reauthorizes the capital budget when it accepts the revenue forecast that confirms the revenues estimated within the Act. )
Amendment 127: Enhance Nottoway Wastewater Treatment Plant Capacity
Item C-55.10 | Department of Corrections | FY 20-21 | FY 21-22 | |
| Department of Corrections | $6,800,000 | $0 | NGF |
| | | | |
Language:
Page 542, after line 38, insert:
"C-55.10 Improvements: Enhance Nottoway wastewater treatment plant capacity (18506) $6,800,000 $0
Fund Sources: Bond Proceeds $6,800,000 $0
A. The Virginia Public Building Authority, pursuant to § 2.2-2260 et seq. of the Code of Virginia, is authorized to issue bonds in a principal amount not to exceed $6,800,000 plus amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to and during the acquisition or construction and for one year after completion thereof, and other financing expenses, to finance the capital costs of the project for which the appropriation in this Item is provided.
B. Debt service on bonds issued under the authorization in this Item shall be provided from appropriations to the Treasury Board.".
Explanation:
(Provides bond funds to expand capacity at the Nottoway Wastewater Treatment Plant to address wastewater increases resulting from enhanced state and local development utilizing the plant. Without this funding, the plant will be unable to comply with environmental permit requirements.)
Amendment 128: Unallot general fund for Accomack Airport Hangar
Item C-61.50 | Transportation | | | |
| Virginia Commercial Space Flight Authority | | | Language |
Language:
Page 544, after line 1, insert:
"Notwithstanding the provisions set forth in this Act, the general fund amounts appropriated in this Item shall be immediately unallotted upon enactment of these appropriations. Any language associated with these amounts shall not be applicable. Any amounts referenced within any other Items of this Act that reflect or include the general fund amounts included within this Item shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. "
Explanation:
(This amendment unallots the general fund appropriation included for the construction of a new Accomack Regional Airport hangar pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 129: Provide state matching funds for pandemic response renovations of veterans care centers
Item C-61.60 | Veterans and Defense Affairs | FY 20-21 | FY 21-22 | |
| Department of Veterans Services | $1,000,000 | $0 | NGF |
Language:
Page 544, after line 11, insert:
"C-61.60: Provide state matching funds for pandemic response renovations of veterans care centers (18507)...$1,000,000 $0
Fund sources: Bond Proceeds $1,000,000 $0
A. The Virginia Public Building Authority, pursuant to § 2.2-2260 et seq. of the Code of
Virginia, is authorized to issue bonds in a principal amount not to exceed $1,000,000 plus
amounts needed to fund issuance costs, reserve funds, original issue discount, interest prior to
and during the acquisition or construction and for one year after completion thereof, and other
financing expenses, to finance the capital costs of the project for which the appropriation in this
Item is provided.
B. Debt service on bonds issued under the authorization in this Item shall be provided from
appropriations to the Treasury Board.
C. The appropriation in this Item provides the state match for the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) grant for coronavirus related construction and renovation projects at Sitter & Barfoot Veterans Care Center (Richmond) and Virginia Veterans Care Center (Roanoke) to prepare for and deal with pandemic response."
Explanation:
(This amendment issues bond funds to provide the state match for the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) grant for coronavirus related construction and renovation projects at Sitter & Barfoot Veterans Care Center (Richmond) and Virginia Veterans Care Center (Roanoke) to deal with pandemic response.)
Amendment 130: Supplant general fund maintenance reserve funding with bond proceeds
Item C-64 | Central Appropriations | FY 20-21 | FY 21-22 | |
| Central Capital Outlay | ($65,000,000) | $0 | GF |
| | $65,000,000 | $0 | NGF |
| | | | |
Language:
Page 544, strike line 29.
Page 544, line 30, before "Bond", insert "Fund Sources".
Page 544, line 30, strike "$72,000,000" and insert "$137,000,000".
Page 544, line 31, strike "1.".
Page 544, line 31, strike "$72,000,000" and insert "$137,000,000".
Page 544, strike lines 35 through 36.
Page 544, line 37, after "A.", strike the remainder of the line.
Page 544, line 38, strike "paragraph A. 2".
Explanation:
(This amendment supplants general fund support provided in maintenance reserve with state bond proceeds.)
Amendment 131: Provide equipment for Southwest Virginia Higher Education Center capital project
Item C-65 | Central Appropriations | FY 20-21 | FY 21-22 | |
| Central Capital Outlay | $65,000 | $0 | NGF |
| | | | |
Language:
Page 547, line 52, strike "$108,543,337" and insert "$108,608,337".
Page 548, line 1, strike "$108,543,337" and insert "$108,608,337".
Page 548, line 8, strike "$108,543,337" and insert "$108,608,337".
Page 548, line 18, strike "$108,543,337" and insert "$108,608,337".
Page 548, after line 50, insert:
"Southwest Virginia Higher Education Center (948)
Construct Building Expansion and Replace Generator (18126)".
Explanation:
(This amendment provides equipment funding for Southwest Virginia Higher Education Center (SWVHEC). The center is nearing completion of a capital project to expand its facility and requires funding to cover the furniture, furnishings and equipment (FF&E) costs associated with this expansion.)
Amendment 132: Unallot general fund support for planning
Item C-66 | Central Appropriations | | | |
| Central Capital Outlay | | | Language |
| | | | |
Language:
Page 550, after line 10, insert:
"H. Notwithstanding the provisions set forth in this Act, the general fund amounts appropriated in this Item shall be immediately unallotted upon enactment of these appropriations. Any language associated with these amounts shall not be applicable. Any amounts referenced within any other Items of this Act that reflect or include the general fund amounts included within this Item shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. "
Explanation:
(Unallots general fund amounts for capital outlay planning pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 133: Unallot funding for Virginia Beach project
Item C-72.10 | Central Appropriations | | | |
| Central Capital Outlay | | | Language |
| | | | |
Language:
Page 555, after line 17, insert:
"B. Notwithstanding the provisions set forth in this Act, the general fund amounts appropriated in this Item shall be immediately unallotted upon enactment of these appropriations. Any language associated with these amounts shall not be applicable. Any amounts referenced within any other Items of this Act that reflect or include the general fund amounts included within this Item shall have no effect. These amounts shall remain unallotted until re-enacted by the General Assembly after acceptance of a revenue forecast that confirms the revenues estimated within this Act. "
Explanation:
(Unallots funding for Nimmo Parkway Phase VII-B project pending the assessment of the impact of a potential general fund revenue shortfall caused by the COVID-19 pandemic.)
Amendment 134: Amend language to allow transfer of FEMA reimbursements for COVID-19 response to the general fund
Item 3-1.01 | Transfers | | | |
| Interfund Transfers | | | Language |
Language:
Page 568, line 6, strike "balance" and insert: "balances"
Page 568, line 7, after "(Fund 02460)", insert: "and Covid-19 Addtnl State Funding (Fund 02019)"
Explanation:
(This amendment directs the State Comptroller to transfer to the general fund portion of the balance of Covid-19 Addtnl State Funding (Fund 02019) received as a federal cost recovery by the Virginia Department of Emergency Management at the end of each fiscal year.)
Amendment 135: Allow higher education institutions flexibility with auxiliary indirect cost recoveries
Item 3-4.01 | Auxiliary Enterprises and Sponsored Programs in Institutions of Higher Education | | | |
| Auxiliary Enterprise Investment Yields | | | Language |
Language:
Page 570, after line 34, insert:
"3. Institutions of higher education shall have the authority to reduce the recovery of the full indirect cost of auxiliary enterprise programs to the educational and general program for the 2020-2022 biennium as a result of the significant financial impact on auxiliary enterprise programs caused by the COVID-19 pandemic."
Explanation:
(This amendment adds language allowing institutions of higher education flexibility from recovering 100 percent of calculated indirect cost recoveries to educational and general academic activities. This will help the institutions reduce the hit against their auxiliary cash balances. With higher education institutions closing dormitory, parking and dining operations due to COVID-19, students and parents are expecting refunds for the balance of the semester. Some higher education institutions’ auxiliary cash balances could be challenged to address these refunds.)
Amendment 136: Abatement of interest for deferred tax payments
Item 3-5.22 | Adjustments and Modifications To Tax Collections | | | |
| Coronavirus Disease 2019 Administrative Tax Relief | | | Language |
Language:
Page 576, after line 36, insert:
"§ 3-5.22 CORONAVIRUS DISEASE 2019 ADMINISTRATIVE TAX RELIEF
A. Any income tax payments originally due during the period from April 1, 2020 to June 1, 2020 may be submitted to the Department of Taxation without the accrual of interest as would otherwise be required for late payments pursuant to Chapter 3 of Title 58.1, provided that full payment is made on or before June 1, 2020. For purposes of this section, "income tax payment" means any payment required to be made with a return filed pursuant to §§ 58.1-341, 58.1-381, and 58.1-441; any payment required to be made with respect to an election to file an extension of time within which to file such a return; any payment of estimated tax required pursuant to Article 19 and Article 20 of Chapter 3 of Title 58.1; and any payment of consumer use tax made with a return filed pursuant to § 58.1-341.
B. The Department shall waive interest as otherwise required for late payments pursuant to Chapter 6 of Title 58.1 on any sales tax payment originally due March 20, 2020 for which a waiver of penalty was granted by the Department of Taxation, provided that such payment is submitted to the Department of Taxation on or before April 20, 2020."
Explanation:
(This amendment adds language that abates interest penalties for delayed filing caused by the COVID-19 pandemic.)
Amendment 137: Allow policy-making boards to meet virtually during emergency declarations
Item 4-0.01 | Operating Policies | | | |
| Operating Policies | | | Language |
Language:
Page 578, after line 26, insert:
"g. Notwithstanding any other provision of law, any public body, including any state, local, regional, or regulatory body, or a governing board as defined in § 54.1-2345 of the Code of Virginia may meet by electronic communication means without a quorum of the public body or any member of the governing board physically assembled at one location when the Governor has declared a state of emergency in accordance with § 44-146.17, provided that (i) the nature of the declared emergency makes it impracticable or unsafe for the public body or governing board to assemble in a single location; (ii) the purpose of meeting is to discuss or transact the business statutorily required or necessary to continue operations of the public body or common interest community association as defined in § 54.1-2345 of the Code of Virginia and the discharge of its lawful purposes, duties, and responsibilities; (iii) a public body shall make available a recording or transcript of the meeting on its website in accordance with the timeframes established in §§ 2.2-3707 and 2.2-3707.1 of the Code of Virginia; and (iv) the governing board shall distribute minutes of a meeting held pursuant to this subdivision to common interest community association members by the same method used to provide notice of the meeting.
A public body or governing board convening a meeting in accordance with this subdivision shall:
1. Give notice to the public or common interest community association members using the best available method given the nature of the emergency, which notice shall be given contemporaneously with the notice provided to members of the public body or governing board conducting the meeting;
2. Make arrangements for public access or common interest community association members access to such meeting through electronic means including, to the extent practicable, videoconferencing technology. If the means of communication allows, provide the public or common interest community association members with an opportunity to comment; and
3. Public bodies must otherwise comply with the provisions of § 2.2-3708.2 of the Code of Virginia.
The nature of the emergency, the fact that the meeting was held by electronic communication means, and the type of electronic communication means by which the meeting was held shall be stated in the minutes of the public body or governing board."
Explanation:
(This amendment provides authority for public bodies, including agencies, boards, and common interest communities to conduct electronic meetings during a declared state of emergency when it is impracticable or unsafe to assemble a quorum in a single location.)
Amendment 138: Provide authority to withhold spending to address an imbalance between projected general fund resources and appropriations resulting from the COVID-19 pandemic
Item 4-1.02 | Appropriations | | | |
| Withholding of Spending Authority | | | Language |
Language:
Page 581, after line 10, insert:
"12. Notwithstanding the 15 percent limits on withholding of appropriations set forth in paragraphs 6a and 7 above, the Governor may withhold and unallot any amounts appropriated within this act that are necessary to address an imbalance between projected general fund resources and appropriations that arise from an increase in general fund costs and/or a reduction in general fund revenues associated with the COVID-19 pandemic."
Explanation:
(This amendment provides authority for the Governor to withhold and unallot more than 15 percent of any amounts appropriated in order to address an imbalance between projected general fund resources and appropriations that is the result of increased spending and/or the loss of revenue due to the COVID-19 pandemic.)
Amendment 139: Increase higher education institutional reserve amount
Item 4-1.05 | Appropriations | | | |
| Reversion of Appropriations and Reappropriations | | | Language |
Language:
Page 584, line 3, strike "three" and insert "six".
Explanation:
(This amendment increases the percentage of educational and general unexpended balances that institutions are authorized to carry forward as a reserve, to be available during times of revenue challenges as is presently being experienced due to COVID-19.)
Amendment 140: Provide authority for agencies to solicit and accept donations, gifts, grants, and contracts that support the response to the COVID-19 pandemic
Item 4-2.01 | Revenues | | | |
| Nongeneral Fund Revenue | | | Language |
Language:
Page 585, line 20, after "1.", insert, "a)"
Page 585, after line 26, insert:
"b) The limits on solicitation and acceptance of donations, gifts, grants, and contracts stated in paragraph 1.a) above shall not apply to donations, gifts, grants, and contracts associated with support and/or response to the needs and impacts of the COVID-19 pandemic provided that acceptance of such does not create any ongoing commitments against general or nongeneral fund resources of the Commonwealth."
Explanation:
(This amendment provides authority for agencies to solicit and/or accept donations, gifts, grants, and contracts needed to respond to the direct and indirect impacts of the COVID-19 pandemic.)
Amendment 141: Provide authority for agencies to alter or change cost factors to respond to COVID-19
Item 4-5.03 | Special Conditions and Restrictions on Expenditures | | | |
| Services and Clients | | | Language |
Language:
Page 601, line 37, after "1.", insert, "a)"
Page 601, after line 40, insert:
"b) The limits on altering or changing cost factors stated in paragraph 1.a) above shall not apply to changes associated with implementing and/or altering services in response to COVID-19 when funding is provided from a nongeneral fund source dedicated to addressing the impact of COVID-19 or from any source when specifically approved by the Governor in response to the COVID-19 pandemic."
Explanation:
(This amendment provides authority for agencies to alter or change cost factors in response to the direct and indirect impacts of the COVID-19 pandemic.)
Amendment 142: Provide authority for agencies to establish new services to respond to COVID-19
Item 4-5.03 | Special Conditions and Restrictions on Expenditures | | | |
| Services and Clients | | | Language |
Language:
Page 602, line 20, after "1.", insert, "a)"
Page 602, after line 22, insert:
"b) The limits on establishing new services stated in paragraph 1.a) above shall not apply to new services established to respond to COVID-19 when funding is provided from a nongeneral fund source dedicated to addressing the impact of COVID-19 or from any source when specifically approved by the Governor in response to the COVID-19 pandemic."
Explanation:
(This amendment provides authority for agencies to establish services needed to respond to the direct and indirect impacts of the COVID-19 pandemic.)
Amendment 143: Provide flexibility on reporting deadlines during declared disasters
Item 4-8.01 | Reporting Requirements | | | |
| Governor | | | Language |
Language:
Page 623, after line 31, insert:
"4. a) Notwithstanding any other provision of law or of any provision of this Act, the Governor may delay or defer the submission of any report or study that is required by the Code of Virginia or by this Act of a state entity, including agencies, boards, commissions, and authorities, and that is due prior to June 30, 2021, if in the opinion of the Governor, meeting the reporting deadline is either not possible or is impractical due to impacts of the COVID-19 pandemic on the reporting entity. Reporting entities seeking approval of the Governor to grant such a delay must submit a written request to the Governor no less than 30 days prior to the reporting deadline. Upon receiving approval from the Governor, the reporting entity shall provide the parties designated to receive the report with notice of an approved delay. This notice shall be in lieu of the required report until such time as the required report is submitted. Any report receiving approval for delayed submission shall be submitted as soon as the reporting entity can resume normal business operations and can complete the work necessary to compile the report; however, no report shall be submitted later than 12 months from the original reporting requirement.
b) The Governor may establish guidelines for the submission and approval process described in paragraph a) above."
Explanation:
(This amendment provides authority for the Governor to temporarily suspend reporting requirements for reporting entities impacted by the COVID-19 pandemic.)
Amendment 144: Authorize temporary borrowing
Item 4-14 | Effective Date | | | |
| Effective Date | | | Language |
Language:
Page 634, after line 34 insert:
"5. a. In anticipation of the collection of taxes and revenues of the Commonwealth, for fiscal years 2021 and 2022, the Treasury Board is hereby authorized, by and with the consent of the Governor, to sell and issue, pursuant to Article X, Section 9 (a)(2) of the Constitution of Virginia, as the case may be, at one time or from time to time, tax and revenue anticipation notes ("9(a)(2) Notes") of the Commonwealth, including 9(a)(2) Notes issued as commercial paper. The proceeds of such 9(a)(2) Notes, excluding amounts needed to fund issuance costs, reserve funds, and other financing expenses, shall be used exclusively for the purpose of providing funds, together with any other available funds, to help manage the cash flow impact of actual or potential reductions of tax and other revenues or increases in expenses related to or resulting from the COVID-19 pandemic, and including the payment of operating expenses incurred or to be incurred in anticipation of the collection of taxes and revenues by the Commonwealth.
b. In addition, in anticipation of the collection of taxes and revenues of the Commonwealth, and its counties, cities and towns, for fiscal years 2021 and 2022, the Treasury Board is hereby authorized, by and with the consent of the Governor, to sell and issue, pursuant to Article X, Section 9 (d) of the Constitution of Virginia, as the case may be, at one time or from time to time, tax and revenue anticipation notes of the Commonwealth ("9(d) Notes" and together with the 9(a)(2) Notes authorized in the foregoing paragraph, "Notes")), including 9(d) Notes issued as commercial paper. The proceeds of such 9(d) Notes, excluding amounts needed to fund issuance costs, reserve funds, and other financing expenses, shall be used exclusively for the purpose of providing funds, together with any other available funds, to help manage the cash flow impact of actual or potential reductions of tax and other revenues or increases in expenses related to or resulting from the COVID-19 pandemic, and including the payment of operating expenses incurred or to be incurred in anticipation of the collection of taxes and revenues by the Commonwealth and its counties, cities and towns, and to purchase or acquire similar notes issued by, or otherwise to assist, cities, counties and towns of the Commonwealth for such purpose. The Governor is authorized to select the counties, cities and towns to participate in the undertakings authorized hereunder and direct the distribution of 9(d) Note proceeds to the particular counties, cities and town, and shall, after consultation with all interested parties, develop a guidance document governing eligibility and priority criteria.
c. The Treasury Board is authorized to issue Notes hereunder in an aggregate principal amount not exceeding $500,000,000 for the benefit of the Commonwealth and in an aggregate principal amount not exceeding $250,000,000 for the benefit of counties, cities and towns, plus in either case amounts needed to fund issuance costs, reserve funds, capitalized interest, and other financing expenses.
d. 9(a)(2) Notes shall mature at such time or times within twelve months from their date or dates, and 9(d) Notes shall mature at such time or times not exceeding two years from their date or dates.
e. The full faith and credit of the Commonwealth shall be pledged to any 9(a)(2) Notes issued under the provisions of this Item. 9(d) Notes issued under the provisions of this item shall not be deemed to constitute a debt of the Commonwealth of Virginia or a pledge of the full faith and credit of the Commonwealth, but such obligations shall be payable solely, subject to appropriation by the General Assembly, from amounts appropriated from time to time by the General Assembly and from amounts paid by counties, cities and towns that issue bonds, notes or obligations with respect to this Item. There is hereby appropriated a sum sufficient to the Treasury Board for the purpose of paying the debt service on the Notes.
f. The Virginia Resources Authority is authorized to purchase and acquire through proceeds of 9(d) Notes bonds, notes or obligations of counties, cities and towns of the Commonwealth issued for the purposes authorized hereunder and establish the interest rates and repayment terms of such bonds, notes or obligations in accordance with a memorandum of agreement with the Treasury Board and the Authority shall recover its reasonable costs and expenses for doing so from the proceeds of such Notes and for its role in the administration and management of such proceeds.
g. Each county, city, and town is hereby authorized to issue bonds, notes or obligations for the purposes set forth in paragraph (b) above. The authority of any county, city, and town to contract and to issue bonds, notes or obligations pursuant to such authorization is in addition to any existing authority to contract and issue bonds, notes or obligations, anything in the laws of the Commonwealth, including any local charter, to the contrary notwithstanding. The provisions of Virginia Code § 15.2-2659 and § 62.1-216.1 shall apply, mutatis mutandis, with respect to any bond, note or obligation issued by a county, city or town hereunder.
h. The proceeds, including any premium, of the Notes shall be deposited in a special account in the state treasury and, together with the investment income thereon, shall be disbursed by the State Treasurer from time to time for paying all or any part of the expenses or undertakings as set forth in paragraphs (a) and (b) above. The Notes shall be dated and may be made redeemable before their maturity or maturities at such price or prices or within such price parameters, all as may be determined by the Treasury Board, by and with the consent of the Governor, and shall be in such form, shall bear interest at such rate or rates, either at fixed rates or at rates established by formula or other method, and may contain such other provisions, all as determined by the Treasury Board or, when authorized by the Treasury Board, the State Treasurer. The principal of and premium, if any, and the interest on Notes shall be payable in lawful money of the United States of America. Notes may be certificated or uncertificated as determined by the Treasury Board. The Treasury Board may contract for services of such registrars, transfer agents, or other authenticating agents as it deems appropriate to maintain a record of the persons entitled to the Notes. Notes issued in certificated form may be issued under a system of book entry for recording the ownership and transfer of ownership of rights to receive payments on the Notes. The Treasury Board shall fix the authorized denomination or denominations of the Notes and the place or places of payment of certificated Notes, which may be at the Office of the State Treasurer or at any bank or trust company within or without the Commonwealth. The Treasury Board may sell Notes in such manner, by competitive bidding, negotiated sale, or private placement with private lenders or governmental agencies, and for such price or within such price parameters as it may determine, by and with the consent of the Governor, to be in the best interest of the Commonwealth. In the discretion of the Treasury Board, Notes may be issued at one time or from time to time. Certificated Notes shall be signed on behalf of the Commonwealth by the Governor and by the State Treasurer, or shall bear their facsimile signatures, and shall bear the lesser seal of the Commonwealth or a facsimile thereof. If the Notes bear the facsimile signature of the State Treasurer, they shall be signed by such administrative assistant as the State Treasurer shall determine or by such registrar or paying agent as may be designated to sign them by the Treasury Board. If any officer whose signature or facsimile signature appears on any Notes ceases to be such officer before delivery, such signature or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery, and any Note may bear the facsimile signature of, or may be signed by, such persons as at the actual time of execution are the proper officers to sign such Note, although at the date of such Note, such persons may not have been such officers.
i. The Treasury Board is authorized to create debt service and sinking funds for the payments of the principal of, premium, if any, and interest on the Notes and other funds or reserves desirable or required by any purchaser. Pending the application of the proceeds of the Notes to the purpose for which they have been authorized and the application of funds set aside for the purpose to the payment of Notes, they may be invested by the State Treasurer in securities that are legal investments under the laws of the Commonwealth for public funds and sinking funds, as the case may be. Whenever the State Treasurer receives interest from the investment of the proceeds of Notes, such interest shall become a part of the principal of the Notes and shall be used in the same manner as required for principal of the Notes."
Page 634, line 35, strike "5" and insert "6".
Page 634, line 35, strike "and third" and insert "third, and fifth".
Page 634, line 36, strike "6" and insert "7".
Explanation:
(This amendment authorizes the use of temporary borrowing to ensure liquidity.)