Authority: Discretionary Inclusion.

A. The Governor is hereby authorized to allocate sums from this appropriation, in addition to an amount not to exceed $5,000,000 from the unappropriated balance derived by subtracting the general fund appropriations from the projected general fund revenues in this act, to provide for supplemental funds pursuant to paragraph D hereof. Transfers from this Item shall be made only when (1) sufficient funds are not available within the agency's appropriation and (2) additional funds must be provided prior to the end of the next General Assembly Session.

B.1. The Governor is authorized to allocate from the unappropriated general fund balance in this act such amounts as are necessary to provide for unbudgeted cost increases to state agencies incurred as a result of actions to enhance homeland security, combat terrorism, and to provide for costs associated with the payment of a salary supplement for state classified employees ordered to active duty as part of a reserve component of the Armed Forces of the United States or the Virginia National Guard. Any salary supplement provided to state classified employees ordered to active duty, shall apply only to employees who would otherwise earn less in salary and other cash allowances while on active duty as compared to their base salary as a state classified employee. Guidelines for such payments shall be developed by the Department of Human Resource Management in conjunction with the Departments of Accounts and Planning and Budget.

2. The Governor shall submit a report within thirty days to the Chairmen of House Appropriations and Senate Finance and Appropriations Committees which itemizes any disbursements made from this Item for such costs.

3. The governing authority of the agencies listed in this subparagraph may, at its discretion and from existing appropriations, provide such payments to their employees ordered to active duty as part of a reserve component of the Armed Forces of the United States or the Virginia National Guard, as are necessary to provide comparable pay supplements to its employees.

a. Agencies in the Legislative and Judicial Departments;

b. The State Corporation Commission, the Virginia Workers' Compensation Commission, the Virginia Retirement System, the Virginia Lottery, and the Virginia College Savings Plan;

c. The Office of the Attorney General and the Department of Law; and

d. State-supported institutions of higher education.

C. The Governor is authorized to expend from the unappropriated general fund balance in this act such amounts as are necessary, up to $1,500,000, to provide for indemnity payments to growers, producers, and owners for losses sustained as a result of an infectious disease outbreak or natural disaster in livestock and poultry populations in the Commonwealth. These indemnity payments will compensate growers, producers, and owners for a portion of the difference between the appraised value of each animal destroyed or slaughtered or animal product destroyed in order to control or eradicate an animal disease outbreak and the total of any salvage value plus any compensation paid by the federal government.

D. Out of the appropriation for this item is included $1,000,000 the first year and $1,000,000 the second year from the general fund to be used by the Governor as he may determine to be needed for the following purposes:

1. To address the six conditions listed in § 4-1.03 c 5 of this act.

2. To provide for unbudgeted and unavoidable increases in costs to state agencies for essential commodities, services, and training which cannot be absorbed within agency appropriations including unbudgeted benefits associated with Workforce Transition Act requirements.

3. To secure federal funds in the event that additional matching funds are needed for Virginia to participate in the federal Superfund program.

4. To provide a payment of up to $100,000 to the Military Order of the Purple Heart, for the continued operation of the National Purple Heart Hall of Honor, provided that at least half of other states have made similar grants.

5. In addition, if the amounts appropriated in this Item are insufficient to meet the unanticipated events enumerated, the Governor may utilize up to $1,000,000 the first year and $1,000,000 the second year from the general fund amounts appropriated for the Commonwealth's Opportunity Fund for the unanticipated purposes set forth in paragraph D.1. through paragraph D.4. of this Item.

6. In addition, to provide for payment of monetary rewards to persons who have disclosed information of wrongdoing or abuse under the Fraud and Abuse Whistle Blower Protection Act.

7. The Department of Planning and Budget shall submit a quarterly report of any disbursements made from, commitments made against, and requests made for such sums authorized for allocation pursuant to this paragraph to the Chairmen of the House Appropriations and Senate Finance and Appropriations Committees. This report shall identify each of the conditions specified in this paragraph for which the transfer is made.

E. Included in this appropriation is $300,000 the first year and $300,000 the second year from the general fund to pay for private legal services and the general fund share of unbudgeted costs for enforcement of the 1998 Tobacco Master Settlement Agreement. Transfers for private legal services shall be made by the Director, Department of Planning and Budget upon prior written authorization of the Governor or the Attorney General, pursuant to § 2.2-510, Code of Virginia or Item 49, Paragraph D of this act. Transfers for enforcement of the Master Settlement Agreement shall be made by the Director, Department of Planning and Budget at the request of the Attorney General, pursuant to Item 49, Paragraph B of this act.

F. Notwithstanding the provisions of § 58.1-608.3B.(v), Code of Virginia, any municipality which has issued bonds on or after July 1, 2001, but before July 1, 2006, to pay the cost, or portion thereof, of any public facility pursuant to § 58.1-608.3, Code of Virginia, shall be entitled to all sales tax revenues generated by transactions taking place in such public facility.

G. Any amounts appropriated in this item that remain unspent at the end of any fiscal year shall be reappropriated in the next fiscal year.

H.1. The balances of any amounts originally provided in Item 475, Chapter 2, 2018 Acts of Assembly Special Session I, Item 479, Chapter 552, 2021 Acts of Assembly, and Item 485, Chapter 2, 2022 Acts of Assembly, Special Session I are provided for the City of Richmond for the Slavery and Freedom Heritage Site in Richmond, Virginia. These balances remaining from the general fund originally intended to be provided to the City of Richmond for expenses incurred for the planning and development of the Slavery and Freedom Heritage Site in Richmond, including Lumpkin's Pavilion and Slave Trail improvements may be appropriated by the Director, Department of Planning and Budget, consistent with the provisions of this paragraph. Any unexpended general fund balances remaining from the appropriation in this paragraph shall not revert to the general fund at the end of the fiscal year, but shall be brought forward and reappropriated for its original purpose.

2. The City of Richmond shall provide documentation to the Department of General Services on the progress of this project and actual expenditures incurred for it in a form acceptable to the Secretaries of Finance and Administration.

3. The Department of General Services shall act as the fiscal agent for these funds. The director shall oversee the expenditure of state appropriations to ensure that payments to the City of Richmond are made consistent with the purposes set out in paragraphs and the Director, Department of Planning and Budget, is authorized to transfer these funds to the Department of General Services to implement this appropriation.

4. This appropriation shall be exempt from the disbursement procedures specified in § 4-5.05 of the act.

5. Any remaining funds contained in paragraph H.1. above for the purposes enumerated shall be made available to the City of Richmond upon the receipt of planning and development information by the Department of General Services. The Director of the Department of Planning and Budget shall provide the additional funds at the request of the Department of General Services as the fiscal agent for this project.

I.1. The balances of any funds originally provided to implement government transformation initiatives identified by the Chief Transformation Officer and approved by the Governor shall be reappropriated for the same purpose.

2. The Secretary of Finance, in consultation with the Chief Transformation Officer, shall authorize the transfer of amounts from this item in support of the transformation initiatives identified pursuant to the preceding subparagraph.

3. The Chief Transformation Officer shall provide quarterly program updates, to include the status of projects and amounts expended per project, to the Governor and the Chairs of the House Appropriations and Senate Finance and Appropriations Committees beginning October 1, 2022.

4. The Chief Transformation Officer, in consultation with the Virginia Information Technologies Agency, shall report on the use of consultants for transformation and reform initiatives since January 2022. The report shall be submitted by January 1, 2024, and then annually thereafter for each calendar year, to the Chairs of the House Appropriations and Senate Finance and Appropriations Committee and shall include for each instance that a consultant was used, the contract utilized, the amount, the purpose, and consultant name.

J. The balances of any funds originally provided for victims of mass violence pursuant to Item 485, Chapter 1, 2023 Acts of Assembly, Special Session I shall be reappropriated. Upon notification from the Director, Department of Criminal Justice Services, that the General Assembly has adopted a structure for administering this funding, the Director, Department of Planning and Budget shall transfer the funds to the appropriate agency or fund.

K. Out of this appropriation, $500,000 the first year from the general fund is provided for the Secretary of Finance to develop relevant capabilities, conduct planning, and evaluate potential economic incentives to attract sports teams to the state. The Commonwealth of Virginia is prepared to consider economic development proposals that are in the best interest of Virginia taxpayers to assist in relocating sports teams and their associated facilities to the state.

L. Out of this appropriation, $20,000,000 the first year from the general fund is provided to support operational activities of the American Revolution 250 Commission (the Commission). Prior to the transfer of funds to the Commission from this Item, the Commission shall provide a detailed plan for the use of these amounts for approval by the Chairs of the House Appropriations and Senate Finance and Appropriations Committees, with a copy to the Governor. The plan, at a minimum, shall include (i) an itemized budget for the activities of the Commission by major cost centers such as personnel, consultants, advertising and marketing; (ii) an estimate of all philanthropic, federal, and local matching funding expected to be available to the Commission; (iii) outcome metrics for each of the planned activities of the Commission. A copy of the approved plan shall be provided to the Governor. The Commission shall submit a report to the Governor and Chairs of the House Appropriations and Senate Finance and Appropriations Committees on the actual use of the funds provided through this appropriation annually by December 1. This amount transferred to the Commission shall be available until expended.

M. Out of the appropriation for this item, $150,000,000 shall be transferred and deposited into the Virginia Technology Infrastructure Fund in the Virginia Information Technologies Agency created pursuant to § 2.2-2023, Code of Virginia. Amounts deposited into this fund are to be used to support the upgrade, replacement and modernization of critical technology systems across state agencies to improve service delivery for customers and reduce significant technology debt due to dated and aging languages, databases, and architectures. This appropriation may also be used to to enhance cybersecurity defenses and coordination, and support the development of new systems to fill essential gaps in education data tracking, workforce, and administration. The Secretaries of Administration and Finance shall authorize the transfer of amounts from the Virginia Technology Infrastructure Fund for use in information technology projects in consultation with applicable cabinet secretaries.

N. Out of this appropriation is $15,000,000 the first year from the general fund to be provided to the Virginia Economic Development Partnership (VEDP) to create a comprehensive, multi-faceted marketing program to attract and retain workforce by raising awareness of in-demand job opportunities and career pathways, including internships and apprenticeships, promote training and certification programs, encourage college students and exiting military personnel to stay in Virginia and recruit out-of-state workers to move to Virginia. VEDP, in consultation with the Department of Workforce Development and Advancement and the Virginia Tourism Authority, shall submit a report detailing the planned use of such funds to the Governor by October 1, 2024. Upon review of the report, the Director, Department of Planning and Budget, shall transfer the funds to VEDP.