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2020 Special Session I

Budget Amendments - SB5015 (Floor Approved)

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Allocation of Federal Coronavirus Relief Funding (language only)

Item 479.10 #1s

Item 479.10 #1s

Central Appropriations
Central Appropriations

Language

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), 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.

E.1. The Governor is hereby authorized to allocate and appropriate sums to state agencies, institutions of higher education, and other permissible entities the federal funding provided pursuant the Coronavirus Relief Fund as authorized in the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116- 136), up to the amounts as follows:                                                                                

                                                                                                                                                

Funding Allocations

FY 2020

FY 2021

Distributed to Localities

$644,573,383

$644,573,383

VDEM -Testing

$42,338,400

$0

VDEM - PPE

$97,000,000

$0

VDEM - Other

$33,722,001

$0

VDH - Replace Deficit Authorization

$3,291,300

$0

VDH - Contact Tracing and UVA Equipment

$59,157,614

$0

DGS - Consolidated Labs

$6,052,673

$0

DHCD - Emergency Housing for Homeless

$5,528,998

$3,300,000

FY 2020 Agency-based Requests

$80,480,698

$0

DHCD - Mortgage and Rental Assistance

$10,000,000

$40,000,000

DSBSD - Small Business Assistance Grants

$0

$70,000,000

DMAS - Long-term Care Facilities

$0

$55,640,872

DMAS - PPE for Personal Care Attendants

$0

$9,256,178

VDACS - Food Insecurity

$0

$1,211,953

DSS - Food Security - Expand Emergency Food Supply Package

$0

$650,000

VDEM - Food Security - Purchase One million MREs

$0

$2,000,000

VDEM - Priority PPE (Healthcare and Congregate Care Facilities, Local Health Districts, Childcare Facilities)

$0

$42,112,285

VDH - Carillion Serology Study

$0

$566,309

VDH - Testing and Contracting

$0

$71,829,059

VDH - Environmental Health Specialists for Executive Order Enforcement

$0

$4,457,085

DBHDS - State Hospital Census Support

$0

$2,800,000

VDEM - COVID-19 Pandemic Response

$0

$57,324,110

VDH - Point of Care Antigen Testing

$0

$16,010,500

TOTAL

$982,145,067

$1,021,731,734

F. It is the intent of the General Assembly that temporary financial assistance be provided to public institutions of higher education for requests made for fiscal year 2021. The Governor is authorized to allocate up to $65,000,000 of federal Coronavirus Relief Funds for this purpose, including to the University of Virginia and Virginia Commonwealth University for requested capital projects related to dealing with the COVID-19 pandemic.

G. It is the intent of the General Assembly that federal relief funds be used to support child care stabilization grants with local community partnerships and providers.  The Governor is authorized to allocate up to $20,000,000 of federal Coronavirus Relief Funds for this purpose. Grant criteria shall be developed by the Department of Social Services in consultation with the Department of Education.  Grants awarded shall support communities or regional collaboratives to provide additional child care classrooms, home-based child care providers, or responses to short term needs to respond to virtual learning during the COVID-19 emergency.

H. It is the intent of the General Assembly that temporary financial assistance be provided to consumer-directed personal care attendants in the Medicaid program.  The Governor is authorized to allocate up to $34,000,000 of federal Coronavirus Relief Funds, if determined to be permissible and feasible, to provide an increase in the hourly rate of up to 20 percent for up to three months or to make a one-time payment based on a similar methodology that provides financial assistance to consumer-directed personal care attendants to ensure such workers can continue to serve elderly and disabled Medicaid recipients in their homes during the COVID-19 pandemic.

I. It is the intent of the General Assembly that temporary financial assistance be provided to Developmental Disability waiver providers in the Medicaid program to offset COVID-19 related costs and to stabilize the workforce to ensure continued access to such critical services.  The Governor is authorized to allocate up to $40,000,000 of federal Coronavirus Relief Funds, if determined to be permissible and feasible, for this purpose.

J. It is the intent of the General Assembly that temporary financial assistance be provided to local school divisions in responding to the COVID-19 pandemic.  The Governor is authorized to allocate up to $200,000,000 of federal Coronavirus Relief Funds for this purpose.

K. It is the intent of the General Assembly that financial assistance be provided to state agencies in responding to the COVID-19 pandemic.  The Governor is authorized to allocate up to $25,500,000 of federal Coronavirus Relief Funds for this purpose.

L. It is the intent of the General Assembly that temporary financial assistance grants be provided to Virginia-based recreation and tourism businesses in order to stabilize and support the ongoing availability of outdoor recreational opportunities during the COVID-19 pandemic. The Governor is authorized to allocate up to $15,000,000 of federal Coronavirus Relief Funds, if determined to be permissible and feasible for this purpose.

M. It is the intent of the General Assembly that the Governor may deposit the remaining balance of federal Coronavirus Relief Funds into the Unemployment Trust Fund, if permissible by law, to reduce the impact of future unemployment taxes on small businesses.

N.1. There is hereby created a Joint Subcommittee of the House Appropriations and Senate Finance and Appropriations Committees to review, provide advice to the Governor and provide oversight of the use of the Coronavirus Relief Fund (CRF) created pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) or other federal relief funds whereby discretion is provided to the state on how such funds shall be allocated. The joint subcommittee shall consist of eight members, including the Chair of the House Appropriations Committee and three members of the House Appropriations Committee selected by the Chair, the Chair of the Senate Finance and Appropriations Committee and three members of the Senate Finance and Appropriations Committee selected by the Chair. The secretaries of Finance, Commerce and Trade, Health and Human Resources, and Public Safety and Homeland Security shall also be available to provide technical assistance to the joint subcommittee. The joint subcommittee shall be staffed by the staff of House Appropriations and Senate Finance and Appropriations committees.

2. The Joint Subcommittee shall work with the Governor to consider and examine all currently allocated and potential uses of the CRF in providing assistance to state agencies, institutions of higher education, local governments, private non-profit or for-profit businesses, and citizens of the Commonwealth that have been negatively impacted economically due to the effects of the Coronavirus Pandemic.  The joint subcommittee shall make recommendations, consistent with the requirements of the CARES Act and any federal regulations or guidance, to the Governor for his consideration.  The Governor shall within five days of the enactment of this act, provide information to the joint subcommittee on previous allocations of CRF funding, expenditures to date, and requests under consideration.

3. No less than five days prior to the allocation or appropriation of discretionary federal relief funds, including the CRF, the Governor shall submit his proposal or proposed allocation to the Joint Subcommittee, which shall review and recommend approval or denial of such uses to the Governor within five days. The Governor shall notify the chairs of the Senate Finance and Appropriations Committee and the House Appropriations Committee in writing within five days concerning his decision to appropriate and allocate federal relief funds having previously been considered by the Joint Subcommittee."



Explanation

(This amendment sets out the allocations from the Coronavirus Relief Fund, which is part of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116- 136). Virginia's allocation was $3.1 billion. The amendment also allocates funding, as feasible, to provide: (i) assistance of up to $65.0 million to public institutions of higher education for requests made for fiscal year 2021, including two capital projects; (ii) support for child care stabilization grants with local community partnerships and providers; (iii) an increase in the hourly pay rate of up to 20 percent for up to three months or a one-time payment based on a similar methodology that provides financial assistance to consumer-directed personal care attendants to ensure such workers can continue to serve elderly and disabled Medicaid recipients in their homes during the COVID-19 pandemic; (iv) to provide support to developmental disability providers; (v) support to local school divisions; (vi) assistance to state agencies; (vii) assistance to the recreation and tourism industries; and (viii) support to the Unemployment Trust Fund from remaining balances to reduce the impact of future unemployment taxes on small businesses. In addition, the amendment establishes a Joint Subcommittee of the House Appropriations and Senate Finance and Appropriations Committee to review, provide advice to the Governor and provide oversight of the use of the Coronavirus Relief Fund (CRF) created pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) or other federal relief funds whereby discretion is provided to the state on how such funds shall be allocated.)