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2020 Special Session I

Budget Amendments - HB5005 (Committee Approved)

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Allocation of federal Coronavirus Relief Funds

Item 479.10 #1h

Item 479.10 #1h

First Year - FY2021 Second Year - FY2022
Central Appropriations
Central Appropriations FY2021 $1,300,725,383 FY2022 $0 NGF

Language
Page 204, line 9, strike "$0" and insert "$1,300,725,383".

Page 204, line 9, strike "Not set out." and insert:

"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), and 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 in this item.  Any allocations of remaining federal relief funds by the Governor shall be included in the Executive Budget submitted in accordance with § 2.2-1509, Code of Virginia and subject to the approval of the General Assembly.  All allocations of federal relief funds are subject to the provisions and conditions contained in this item.

2. a. Any new federal funding approved by Congress through subsequent legislation shall be appropriated by the Governor in the Executive Budget, submitted in accordance with § 2.2-1509, Code of Virginia and subject to the approval of the General Assembly.  

b. All subsequent federal funds provided under Paragraph A.2.a.  shall be subject to applicable federal rules and regulations governing these funds and are subject to the provisions and conditions set forth by the General Assembly in subsequent Appropriations Acts.

23. 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 4. 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.  The Governor or his designee shall submit such report beginning October 31, 2020.

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. Apportionment

1.  Out of the $3,109,502,836 estimated potential revenues to be received from the federal distributions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136), the following table represents allocations made as of July 1, 2020:

                                                                                                                                                

                                                                        

Item

Amount Appropriated as of 7/1/2020

Allocations to Localities

$1,289,146,766

FY20 Agency-based Requests

$80,480,698

DGS - Consolidated Labs

$6,052,673

DHCD - Emergency Housing for Homeless

$8,828,998

DHCD - Mortgage and Rental Assistance

$50,000,000

DMAS - Long-term care facilities

$55,640,872

DMAS - PPE for Personal Care Attendants

$9,256,178

DSBSD - Small business assistance grants

$70,000,000

DSS - Food security - Expand emergency food supply package

$650,000

VDACS - Food security - Agriculture surplus & emergency food

$1,211,953

VDEM - Food security - 1 million MREs

$2,000,000

VDEM - PPE

$97,000,000

VDEM - Testing

$42,338,400

VDEM - Other

$33,722,001

VDH - Contract tracing/UVA Equipment

$59,157,614

VDH - Replace deficit authorization

$3,291,300

Total

$1,808,777,453

2. The appropriation in this item includes an amount estimated at $1,189,829,009 the first year from the estimated revenues to be received from the federal distributions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) cited in paragraph B.1. above.  The allocation shall be as follows:                                                        

                                                                                                                                                                                                                        

                                                                                                            

Item

Amount

ABC COVID Costs

$1,000,000

DBHDS - PPE and infection control, reimbursements to CSBs for telehealth & PPE

$9,000,000

SCC - Offset Utility Debt

$120,000,000

DHCD - Emergency Housing for Homeless

$3,000,000

DOC - PPE, medical observation units, overtime

$7,700,000

Elections - Voter safety for November election - cleaning, personal protective equipment, additional pay for election day workers, drop boxes

$10,000,000

DMAS - Additional hospital reimbursements for eligible COVID-19 costs

$60,000,000

DMAS - Hazard pay for home health workers

$56,100,000

DMAS - Retainer payments for Medicaid  DD Waiver Day Support providers

$25,000,000

HHR - Carilion serology, DBHDS COVID patients, VDH EO costs

$7,816,724

Higher Education - PPE, Virtual Education, Cleaning , Telework, Other COVID Costs

$118,790,000

State Museums and Higher Education Centers - PPE, Virtual Education, Cleaning , Telework, Other COVID Costs

$4,210,000

K-12 - Costs for Re-Opening Schools

$200,000,000

DSS  - Childcare Provider Stabilization Funds

$60,000,000

DSS - Increase local capacity to provide care for school-age children

$16,600,000

DSS - Virginia Federation of Food Banks - $1.0 million per region

$7,000,000

Statewide - PPE Plan

$42,112,285

Statewide - Testing and Contact Tracing

$103,000,000

Statewide - Telework – state agencies

$28,000,000

Statewide  - PPE/Sanitizing for state agencies

$25,500,000

Statewide - State Agency Compliance with DOLI regulations and other operational costs

$25,000,000

VDEM - Technical assistance, public education and preparedness

$10,000,000

VEC - Unemployment Assistance

$210,000,000

UVA Medical Center – capital, PPE, testing, education

$20,000,000

VCU Hospital – capital, PPE, testing, education

$20,000,000

Total

$1,189,829,009

3. a. The appropriation in this item includes an amount estimated at $118,790,000 the first year from federal funds to be distributed to the educational and general program at institutions of higher education for the Higher Education - PPE, Virtual Education, Cleaning, Telework, Other COVID Costs cited in paragraph B.1. above.

b. Allocations for institutions of higher education Higher Education - PPE, Virtual Education, Cleaning, Telework, Other COVID Costs cited in paragraph B.1. above are as follows:

                                                                                                                                                                

                                                                                

Institution

FY 2021 Allocation

Christopher Newport University

$2,000,000

College of William and Mary

5,500,000

George Mason University

12,500,000

James Madison University

6,100,000

Longwood University

1,800,000

University of Mary Washington

3,500,000

Norfolk State University

1,800,000

Old Dominion University

5,800,000

Radford University

4,100,000

University of Virginia

24,140,000

University of Virginia's College at Wise

1,300,000

Virginia Commonwealth University

16,850,000

Virginia Military Institute

600,000

Virginia Polytechnic Institute & State University

14,000,000

Virginia State University

9,600,000

Richard Bland College

250,000

Virginia Community College System

8,700,000

Virginia Institute of Marine Science

250,000

Total

$118,790,000

4. a. The appropriation in this item includes an amount estimated at $4,210,000 the first year from federal funds to be distributed to other education institutions for costs associated with the COVID-19 pandemic cited in paragraph B.1. above.

b. Allocations for other education institutions for costs associated with the COVID-19 pandemic cited in paragraph B.1. above are as follows:    

                                                                                                                        

                                                            

Institution

FY 2021 Allocation

Eastern Virginia Medical School

$700,000

New College Institute

1,510,000

Roanoke Higher Education Authority

85,000

Southern Virginia Higher Education Center

75,000

Southwest Virginia Higher Education Center

50,000

Frontier Culture Museum

150,000

Gunston Hall

12,000

Jamestown-Yorktown Foundation

25,000

State Library of Virginia

25,000

Science Museum of Virginia

185,000

Virginia Commission for the Arts

8,000

Virginia Museum of Natural History

10,000

Virginia Museum of Fine Arts

1,375,000

Total

$4,210,000

5. The appropriation in this item includes $120,000,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above to be used to help offset utility debt for customers with accounts over 30 days in arrears. The State Corporation Commission shall establish an application process in order to distribute funds directly to utilities based on customer needs. The Commission shall assess the total value of accounts at least 60 days in arrears and the total value of accounts 30 days in arrears during the application process. The Commission shall award funds in a manner that offsets the debt of customer accounts at least 60 days in arrears prior to awarding funds to offset customer accounts 30 days in arrears. Utilities shall apply funds in a manner that subsidizes payments for those customers facing economic hardship. The State Corporation Commission shall work with the Department of Housing and Community Development to transfer any dollars necessary to address the arrearages held by customers of utilities outside the jurisdiction of the Commission.  The Director of the Department of Planning and Budget shall distribute funds to the State Corporation Commission within 30 days of the passage of this act. For the purposes of this appropriation, utilities include electric companies subject to regulation of the State Corporation Commission, natural gas suppliers subject to the regulation of the Commission, electric and gas municipal utilities, and water suppliers and wastewater service providers.

6. The appropriation in this item includes $10,000,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above to support additional costs anticipated for the November 3, 2020 General Election. The Commissioner of the Department of Elections shall distribute these funds directly to offices of general registrars on a population basis within 30 days of the passage of this act. General registrars may use these funds for printing of additional ballots and envelopes; additional mailing or postage costs; additional voting equipment; installation and security for absentee or mail drop-boxes; temporary elections office staffing; cleaning supplies and protective equipment for staff and poll workers; pre-and post-election cleaning of polling places; additional laptops and mobile equipment; additional automated letter opening equipment; public communication campaigns on voting changes; and other such items that support voter safety during the COVID-19 pandemic.

7. The appropriation in this item includes $3,000,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above to continue to provide emergency housing for homeless populations. This is in addition to the $8,800,000 that was previously allocated to support this program using the Coronavirus Relief Funds cited in paragraph A.1. of this item.

8. The appropriation in this item includes $210,000,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above to provide additional support for the Virginia's Unemployment Insurance program. The Governor shall work with the Virginia Employment Commission to determine the best use of these funds. The Secretary of Commerce and Trade shall provide the Chairs of the House Appropriations Committee and Senate Finance and Appropriations Committee a status report on the deployment of these funds by November 1, 2020.

9. The appropriation in this item includes $78,500,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above to assist with the operations of state government. This includes (i) $25,000,000 to help state agencies comply with the Center for Disease Control and Prevention's and the Department of Labor and Industry's regulations for workplace safety during the COVID-19 pandemic, (ii) $28,000,000 to help state agencies with increased costs for teleworking, and (iii) $25,500,000 to help state agencies in acquiring PPE and sanitizing facilities. The Director of the Department of Planning and Budget shall within 30 days of the passage of this act solicit and fund requests from state agencies to help cover increased expenses due to teleworking, PPE acquisition, sanitizing state facilities and retrofitting state owned buildings to comply with COVID-19 safety measures.

10. The appropriation in this item includes $1,000,000  the first year from the Coronavirus Relief Funds cited in paragraph B.2. above for the COVID-19 costs incurred by the Alcoholic Beverage Control Authority to continue operation of its headquarters and warehouse facilities, and its retail locations.

11. The appropriation in this item includes $7,700,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above for the costs for the purchase of personal protective equipment, establishment and operation of medical observation units, overtime costs, and other eligible expenses of the Department of Corrections.

12. The appropriation in this item includes $10,000,000 the first year from the Coronavirus Relief Funds cited in paragraph B.2. above for the provision of technical assistance to local governments and the conduct of a public awareness and education campaign by the Department of Emergency Management.

13. The appropriation in this item includes $200,000,000 the first year to be distributed to school divisions to assist with costs associated with the COVID-19 emergency, including but not limited to costs associated with implementing social distancing measures, providing distance learning, and providing computer equipment and internet access to students.  Funds shall be distributed to school divisions on a per-pupil basis, based on the projected average daily membership used to calculate direct aid in Chapter 1289, 2020 Acts of Assembly. In expending such funds, school divisions shall comply with federal CARES Act requirements and the most recently published United States Treasury Department guidance for the Coronavirus Relief Fund.

14. The appropriation in this item includes $60,000,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above for the Department of Medical Assistance Services to make payments to Virginia hospitals for COVID-19 related auditable costs that have not been reimbursed through other federal relief programs available for this purpose in calendar year 2020.  The Department shall have the authority to implement such payments in the most efficient and expeditious manner prior to the completion of any regulatory process to effect such changes.

15. The appropriation in this item includes $56,100,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above for the Department of Medical Assistance Services for hazard pay for consumer directed and agency directed personal care attendants who provide Medicaid personal care, respite or companion care services in the amount of $1,500 per personal care attendant. The Department shall have the authority to implement such payments prior to the completion of any regulatory process to effect such changes.

16. The appropriation in this item includes $25,000,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above for the Department of Medical Assistance for monthly retainer payments to Medicaid day support providers covering the period of August through December 2020.  The Department shall determine the monthly retainer based on the monthly average retainer payments made by Medicaid for dates of service between April 1 and July 31, 2020 and billed, and paid by October 31, 2020. The Department shall have the authority to implement these payments prior to the completion of any regulatory process to effect such changes.

17. The appropriation in this item includes $60,000,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above to provide stabilization grants to licensed child care providers. The Department of Social Services, in collaboration with the Department of Education, shall award such grants with the goals of (i) preserving the long-term capacity of Virginia's early childhood and care system while programs are operating at reduced capacity during the COVID-19 emergency, and (2) providing additional child care slots in the short-term.

18. The appropriation in this item includes $16,600,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above for the Department of Social Services to contract with local partners to provide support to school divisions, local governments, and other entities, including religious institutions and community centers, for the provision of space to increase local capacity to provide care for school-age children, purchase personal protective equipment (PPE) and cleaning supplies, and provide a stable financial environment for the operation of these programs. These funds shall be used prior to the expenditures of general fund amounts provided for this purpose as set forth in Item 350 of this act.

19. The appropriation in this item includes $7,000,000 the first year from Coronavirus Relief Funds cited in paragraph B.2. above to the Department of Social Services for the Virginia Federation of Food Banks to provide $1,000,000 to each of the seven regional food banks.

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. The Governor is authorized to allocate the remaining amount estimated at $110,896,009 the first year from the estimated potential revenues to be received from the federal distributions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) cited in paragraph B.1. above.  However, the Governor shall take no action in allocating such funds until a spending plan is made available via electronic means to the Chairs of the House Appropriations and Senate Finance and Appropriations Committees at least two weeks prior to any allocation action.

C. D. Any reports required by paragraphs A., or B., or C. 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.   However, reports in paragraphs A., B., or C. above are not eligible for deferral or delay as permitted under Item 4-8.01, a.4.a.) of this act.

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 allocates remaining Coronavirus Relief Funds and makes technical changes to the authority previously provided related to federal relief funds.)