14200640D
HOUSE BILL NO. 5010
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on November 10, 2014)
(Patron Prior to Substitute--Delegate Jones)
A BILL to amend and reenact Chapter 2 of the Acts of Assembly
of 2014, Special Session I, which appropriated the public revenues and provided
a portion of such revenues for the two years ending, respectively, on the
thirtieth day of June, 2015, and the thirtieth day of June, 2016, and to repeal
Paragraph K. of Item 468 and Paragraph GG.1. of § 3-1.01 of Part 3 of such
Chapter.
Be it enacted by the General Assembly of Virginia:
1. That § 3 of the first enactment (Total Projected Revenues
available for the period ending June 30, 2015 and June 30, 2016, page 1) of
Chapter 2 of the Acts of Assembly of 2014, Special Session I, be hereby amended
and reenacted and that the cited chapter be further amended by adding in §
1-130 of Part 1 Items 471.10, 471.20, 471.30, and 471.40 as follows:
§ 3. The appropriations made in this act from the general fund
are based upon the following:
First Year Second Year Total
Unreserved Balance,
June 30, 2014 $478,643,378 $0 $478,643,378
$40,843,378 $40,843,378
Additions to Balance $147,375,013 $800,000 $148,175,013
$303,725,013 $304,525,013
Official Revenue
Estimates $17,721,905,909 $18,448,628,910 $36,170,534,819
$16,874,405,909 $17,317,328,910 $34,191,734,819
Revenue
Stabilization Fund $470,000,000 $235,000,000 $705,000,000
Transfers $616,168,307 $524,066,980 $1,140,235,287
$588,118,307 $555,066,980 $1,143,185,287
Total General Fund
Resources Available
for Appropriation $18,964,092,607 $18,973,495,890 $37,937,588,497
$18,277,092,607 $18,108,195,890 $36,385,288,497
The appropriations made in this act from nongeneral funds are
based upon the following:
First Year Second Year Total
Balance,
June 30, 2014 $4,708,335,881 $0 $4,708,335,881
Official Revenue
Estimates $25,652,980,255 $26,248,075,807 $51,901,056,062
$25,717,780,255 $51,965,856,062
Lottery Proceeds Fund $525,000,000 $510,000,000 $1,035,000,000
$553,100,000 $1,063,100,000
Internal Service
Fund $1,595,861,216 $1,612,651,825 $3,208,513,041
Bond Proceeds $632,144,586 $105,000,000 $737,144,586
Total Nongeneral Fund
Revenues Available
for Appropriation $33,114,321,938 $28,475,727,632 $61,590,049,570
$33,207,221,938 $61,682,949,570
TOTAL PROJECTED
REVENUES $51,845,287,081 $47,480,608,416 $99,325,895,497
$51,484,314,545 $46,583,923,522 $98,068,238,067
Item Details($) Appropriations($)
First Year Second Year First Year Second Year
FY 2015 FY 2016 FY 2015 FY 2016
Item 471.10.
Reversion Clearing Account -
State Agency Savings ($92,400,000) ($100,000,000)
Fund Sources: General ($92,400,000) ($100,000,000)
Authority: Discretionary Inclusion.
A. To accomplish savings estimated at $92,400,000 the first
year and $100,000,000 the second year, the Department of Planning and Budget is
hereby authorized to transfer amounts to this Item from the general fund
appropriation for operating expenses of the executive branch agencies.
B. Notwithstanding the amounts appropriated in any item in
Part 1, appropriation reductions required on the part of agencies to implement
the savings enumerated in this Item are hereby authorized provided that such
actions do not conflict with the provisions of § 4-1.02 of this act.
C. Any nongeneral fund appropriation change or changes in
the appropriation of agency authorized positions required to implement the
savings enumerated in this Item are hereby authorized.
Item Details($)
Appropriations($)
First Year Second Year First Year Second Year
FY 2015 FY 2016 FY 2015 FY 2016
Item 471.20.
Reversion Clearing Account -
Higher Education Savings ($45,000,000) ($45,000,000)
Fund Sources: General ($45,000,000) ($45,000,000)
Authority: Discretionary Inclusion.
A. To accomplish savings estimated at $45,000,000 each
year, the Department of Planning and Budget is hereby authorized to transfer
amounts to this Item from the general fund appropriation for educational and
general programs of public colleges and universities as follows:
Institution Annual Reduction
Christopher Newport University $601,975
College of William and Mary 2,338,873
George Mason University 4,705,571
James Madison University 3,113,308
Longwood University 542,707
Norfolk State University 550,089
Old Dominion University 2,230,669
Radford University 1,113,249
University of Mary Washington 635,447
University of Virginia 8,160,065
University of Virginia at Wise 126,330
Virginia Commonwealth University 5,377,759
Virginia Military Institute 441,825
Virginia State University 637,174
Virginia Tech 6,133,525
Richard Bland College 64,754
Virginia Community College System 8,226,680
Total $45,000,000
B. It is the intent of the General Assembly that these
savings are to be achieved through productivity and operating efficiencies and
not through new rate increases on tuition, fees, or other nongeneral fund
enhancements imposed by the Boards of Visitors after September 1, 2014.
C. Notwithstanding the amounts appropriated in any item in
Part 1, appropriation reductions required on the part of agencies to implement
the savings enumerated in this Item are hereby authorized provided that such
actions do not conflict with the provisions of § 4-1.02 of this act.
D. Any nongeneral fund appropriation change or changes in
the appropriation of agency authorized positions required to implement the
savings enumerated in this Item are hereby authorized.
Item Details($) Appropriations($)
First Year Second Year First Year Second Year
FY 2015 FY 2016 FY 2015 FY 2016
Item 471.30.
Reversion Clearing Account -
Aid to Local Government ($30,000,000) ($30,000,000)
Fund Sources: General ($30,000,000) ($30,000,000)
Authority: Discretionary Inclusion.
A. To accomplish savings estimated at $30,000,000 the first
year and $30,000,000 the second year, the Department of Planning and Budget is
hereby authorized to transfer to this Item from the general fund appropriation
for state aid to local government programs or receive reimbursement payments in
a manner that provides localities flexibility in how such savings are implemented.
B. The Director of the Department of Planning and Budget
shall provide the chief operating officer of each city and county in the
Commonwealth a list of certain state aid to local government programs along
with an estimate of the general fund amount for each program that each county
and city could expect to receive from the state during each year of the
biennium. The total amount listed for these programs will serve as the basis
for calculating the savings apportioned to each city and county for this Item.
The pro rata savings apportionment will be equal to the percentage of the
aggregate general fund amount for all of these state aid programs in each city
and county, with such savings totaling $30,000,000 the first year and
$30,000,000 the second year.
C. Each city and county in the Commonwealth shall have
flexibility in determining how it will implement the savings apportioned to it.
Each city and county can choose to (i) take the total savings out of one
program included on the list provided by the Department of Planning and Budget,
(ii) reduce multiple state aid programs on a proportional basis or by a
specified percentage reduction, or (iii) reimburse the Commonwealth in
aggregate for its share of the savings, thereby keeping the state aid programs
at an unreduced level. Each locality may also use option (iii) in combination
with option (i) or (ii). The governing body of each city and county shall make
its selection and certify its choice to the Director, Department of Planning
and Budget, within 30 days of receipt of the savings amount apportioned to it
from the Department of Planning and Budget. Within 10 days of receipt, the
Director of the Department of Planning and Budget shall review such
certification for accuracy to ascertain that the required savings amount
apportioned to the city or county is obtainable using the selected option(s)
submitted on the certification. Unless the Director of the Department of
Planning and Budget finds a certification to include savings that are not
obtainable or sustainable, the certification shall be approved and implemented
without further delay. In the event that a city or county has not submitted or
obtained an approved certification by January 1, 2015, the Director of the
Department of Planning and Budget is hereby authorized to withhold an amount
equivalent to the savings amount apportioned to the affected city or county
from the aid to local government programs that the Director determines are most
discretionary and represent general purpose aid to the local government in
question before he begins to withhold any funds from categorical grants serving
a particular functional area or public service.
D. The savings in state aid to local government programs
identified by each city or county on its approved certification (or by the
Director of the Department of Planning and Budget in absence of an approved
certification) shall be transferred from the other items where such amounts are
appropriated in this act to offset the reversion amount listed in this Item. Payments
from local governments electing to use option (iii) in Paragraph C. shall be
deposited to a suspense account which shall be administered pursuant to §
3-1.03 Part 3.
Item Details($) Appropriations($)
First Year Second Year First Year Second Year
FY 2015 FY 2016 FY 2015 FY 2016
Item 471.40.
Reversion Clearing Account -
Miscellaneous ($40,620,360) ($284,881,274)
Fund Sources: General ($40,620,360) ($284,881,274)
Authority: Discretionary Inclusion.
A. The Director of the Department of Planning and Budget
shall withhold and transfer to this Item amounts estimated at $46,300,000 the
first year and $23,000,000 the second year from the general fund appropriations
included in this act as described in Paragraphs 1 through 7 of this Paragraph
A. reflecting savings generated by utilizing nongeneral fund resources to
offset general fund expenses and from other actions to reduce spending.
1. In recognition of additional fiscal year 2014 Lottery
Proceeds Funds and Literary Funds, and to accomplish general fund savings
estimated at $43,100,000 the first year, the Department of Planning and Budget
is hereby authorized to transfer amounts to this Item from the general fund
appropriation for Direct Aid to Public Education, Agency 197, Item 136 of this
general appropriation act as follows: a) $26,200,288 from Textbooks, b)
$1,899,712 from Remedial Summer School, and c) $15,000,000 from payment of
teacher retirement costs. There is hereby appropriated $28,100,000 of
additional Lottery Fund proceeds to Direct Aid to Public Education, Agency 197,
Item 136, as follows: a) $26,200,288 for Textbooks, and b) $1,899,712 for Remedial
Summer School. There is hereby appropriated $15,000,000 from additional
Literary Fund revenues to Direct Aid to Public Education, Agency 197, Item 136
of this general appropriation act for the appropriation set out for the payment
of teacher retirement costs in FY 2015.
2. To accomplish savings estimated at $3,200,000 the first
year and $23,000,000 the second year, the Department of Planning and Budget is
hereby authorized to transfer amounts to this Item from the general fund
appropriation for debt service payments in Item 276 of this general
appropriation act. These savings reflect reduced payment requirements due to
bond refinancings.
3. Notwithstanding the provisions of § 10.1-2128.1 of the
Code of Virginia, to accomplish savings estimated at $1,000,000 the first year
and $1,000,000 the second year, the Department of Planning and Budget is hereby
authorized to transfer amounts to this Item from the nongeneral funds deposited
into the Natural Resources Commitment Fund in Item 357 D.2.
4. On or before June 30, 2015, the Director of the
Department of Planning and Budget shall revert an amount estimated at
$151,800,000 to the general fund from unobligated balances from executive
branch agencies.
5. On or before June 30, 2015, the Director of the Department
of Planning and Budget shall revert an amount estimated at $700,000 from
Judicial agency balances.
6. On or before June 30, 2015, the Director of the
Department of Planning and Budget shall revert an amount estimated at
$2,850,000 from legislative agency balances, $500,000 from the House of
Delegates, and $500,000 from the Senate of Virginia.
7. On or before June 30, 2015, the Director of the
Department of Planning and Budget shall transfer to the general fund an amount
estimated at $950,000 from balances of the Virginia Alcohol Safety Action
Program.
B. Notwithstanding the amounts appropriated in any item in
Part 1, appropriation reductions required on the part of agencies to implement
the savings enumerated in this Item are hereby authorized provided that such
actions do not conflict with the provisions of § 4-1.02 of this act.
C. Any nongeneral fund appropriation change or changes in
the appropriation of agency authorized positions required to implement the
savings enumerated in this Item are hereby authorized.
D. Included in this appropriation is $5,679,640 the first
year and $10,118,726 the second year to be transferred by the Director of the
Department of Planning and Budget to Items 39, 40, and 41 to effectuate the
filling of judgeships. The amounts appropriated in this paragraph for each year
of the biennium to effectuate the filling of judgeships shall be the maximum
amounts transferred to Items 39, 40, and 41 for such purposes notwithstanding
any relevant provision to the contrary. In addition, all conditions and
restrictions relating to the filling of judgeships shall be as provided in
Items, 39, 40, and 41.
E.1. For purposes of determining a transfer from the
Revenue Stabilization Fund to the general fund as a result of a downward
revision in general fund revenues, the term "total general fund revenues
appropriated" shall mean the general fund operating and capital
appropriations for each year of the biennium contained in the Appropriation Act
which is in effect at the time when such downward revision in general fund
revenues is made.
2. In accordance with Article 10, § 8, Virginia
Constitution, and § 2.2-1830, Code of Virginia, the amount of the transfer
shall not exceed the lesser of one-half of the balance of the Revenue
Stabilization Fund or one-half of the forecasted shortfall in revenues.
3. The anticipated shortfalls in general fund revenues for
fiscal years ending June 30, 2015, and June 30, 2016, shall be computed by
comparing the revised forecast for "Total General Fund Resources Available
for Appropriation" as shown in § 3 of the first enactment to the total
general fund revenues appropriated for each year of the biennium as contained
in the general appropriation act as it became effective on July 1, 2014
(Chapter 2 of the Acts of Assembly of 2014, Special Session I).
4. One-half of the shortfall in revenues is estimated at
$648,650,000, which is more than one-half of the balance in the Revenue
Stabilization Fund as of September 15, 2014. Of this shortfall amount,
$470,000,000 is hereby appropriated in FY 2015, pursuant to § 2.2-1830, Code of
Virginia. Upon completion of the Auditor of Public Accounts' report on
certified tax revenues for FY 2014 pursuant to § 2.2-1829, Code of Virginia,
the State Comptroller shall deposit this sum into the general fund of the state
treasury on or before June 30, 2015.
5. One-half of the balance of the Revenue Stabilization
Fund, estimated at $235,000,000, is hereby appropriated in FY 2016, pursuant to
§ 2.2-1830, Code of Virginia. Upon completion of the Auditor of Public
Accounts' report on certified tax revenues for FY 2015 pursuant to § 2.2-1829,
Code of Virginia, the State Comptroller shall deposit this sum into the general
fund of the state treasury on or before June 30, 2016.
F. To accomplish savings estimated at $272,000,000 in
fiscal year 2016, the Governor shall develop budget reduction plans and other
strategies for submission to the 2015 General Assembly as part of the
requirements of § 2.2-1509, Code of Virginia. In developing these plans, the Governor
shall take into consideration any further adjustments to the revenues pursuant
to § 2.2-1503, Code of Virginia.
G. 1. The Governor is hereby authorized to reallocate up to
$5,000,000 from existing appropriations from programs in the Executive Department
that foster economic development during each year of the current biennium to
enhance economic development efforts in the Commonwealth if he determines that
all or a portion of that amount is needed and better used to take advantage of
the availability of job creation or workforce development opportunities in
order to further diversify and grow the economy of Virginia.
2. At least five days prior to any action to implement the
provisions contained in paragraph 1, the Governor shall submit a notice of his
intended action to the Chairmen of the House Appropriations and Senate Finance
Committees which itemizes the source or sources of such funding and the
specific purposes or uses of any disbursements he intends to authorize pursuant
to the provisions of this item.
H. Pursuant to the provisions of subsection G of § 8.1-638
of the Code of Virginia, the increase in the portion of the general sales and
use tax revenue required to be deposited into the Highway Maintenance and
Operating Fund in fiscal year 2015, estimated at an additional $49,800,000,
shall be deposited to the Highway Maintenance and Operating Fund in fiscal year
2015.
I. All revenues generated under Chapter 896 of the Acts of
Assembly of 2007 (HB 3202) and Chapter 766 of the Acts of Assembly of 2013 (HB
2313) that were dedicated to transportation-related funds have been
appropriated in conformity with the requirements of those respective chapters.
2. That Paragraph K. of Item 468 of Chapter 2 of the Acts of
Assembly of 2014, Special Session I, is repealed.
3. That Paragraph GG.1. of § 3-1.01 of Part 3 of Chapter 2 of
the Acts of Assembly of 2014, Special Session I, is repealed.
4. That all provisions of this act amending Chapter 2 of the
Acts of Assembly of 2014, Special Session I, including the second and third
enactments of this act, shall become effective on passage of this act as
provided in § 1-214 of the Code of Virginia.