A. General Conditions:
1. The Governor is hereby authorized to allocate sums from this item to state agencies and institutions of higher education pursuant to the American Recovery and Reinvestment Act of 2009, 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. Any unexpended balance remaining in the item as of June 30, 2009, shall be carried forward on the books of the Comptroller and shall be available for expenditure in the succeeding fiscal year. Any unexpended balance remaining in this item on June 30, 2010, shall be carried forward on the books of the Comptroller and shall be available for expenditures in the next biennium.
3. Records Management and Reporting
a. Agencies receiving funds from the item 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 funds from this item shall comply with all federal reporting requirements for the receipt of any funds from the American Recovery and Reinvestment Act of 2009 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 funds from this item shall comply with any requirements established to ensure the transparency of the use or expenditure of such federal funds.
4. The Governor shall submit a quarterly report to the Chairmen of House Appropriations and Senate Finance Committees which itemizes any disbursements made from this item.
B. Apportionment
1. The following table represents the estimated potential revenues to be received from the federal distributions of the American Recovery and Reinvestment Act:
| Medicaid - Federal Medicaid Assistance Percentage | $1,284,768,015 |
| Medicaid - Disproportionate Share Hospitals | $4,344,643 |
| Foster Care and Adoption | $13,360,349 |
| Immunization | $5,621,650 |
| Fiscal Stabilization - Education | $983,865,903 |
| Fiscal Stabilization - General | $218,904,149 |
| Title 1 - Grants to Local Education Authorities | $165,311,666 |
| Title 1 - School Improvement | $47,913,000 |
| Part B of the IDEA - Special Education | $281,415,033 |
| Part B of the IDEA - Preschool Special Education | $9,470,492 |
| Part C of the IDEA - Early Intervention Services | $10,265,580 |
| Educational Technology | $10,801,292 |
| Education for Homeless | $1,009,000 |
| Work Study | $3,743,333 |
| Vocational Rehabilitation | $11,601,624 |
| Independent Living | $342,443 |
| Highways and Bridges | $694,461,000 |
| Transit Capital Grants - Urban | $93,340,956 |
| Transit Capital Grants - Rural | $18,555,163 |
| Rail Modernization - Fixed Guideway | $4,209,386 |
| Drinking Water State Revolving Fund | $20,761,000 |
| Clean Water State Revolving Fund | $80,826,900 |
| Weatherization | $96,931,634 |
| State Energy Program | $69,266,744 |
| Emergency Food and Shelter | $1,247,314 |
| The Emergency Food Assistance Program | $1,704,161 |
| Food Stamp Administration | $5,300,000 |
| School Lunch Equipment | $2,194,703 |
| Elderly Nutrition | $3,029,000 |
| CCDF Childcare | $37,892,000 |
| Head Start | $11,179,767 |
| Community Services Block Grant | $16,009,000 |
| Public Housing Capital Fund | $51,212,000 |
| Community Development Block Grant - Entitlement | $11,311,643 |
| Community Development Block Grant - Non-Entitlement | $5,331,340 |
| HOME Investment Partnerships Program | $44,189,767 |
| Homelessness Prevention | $24,934,000 |
| Crime Victims Assistance Grants | $1,013,000 |
| Crime Victims Compensation | $345,687 |
| Internet Crimes Against Children | $1,901,510 |
| Violence Against Women | $5,516,971 |
| Byrne Justice Assistance Grant | $39,369,013 |
| Unemployment Insurance Administration | $13,737,000 |
| Employment Service | $8,596,000 |
| Community Service for Older Americans | $2,570,474 |
| Workforce Investment Act - Adult | $5,280,438 |
| Workforce Investment Act - Youth | $13,113,750 |
| Dislocated Workers | $13,564,389 |
| Food Stamp Benefits | $355,000,000 |
| Child Support Enforcement | $40,400,000 |
| TOTAL | $4,847,033,882 |
2. The appropriation in this item includes an amount estimates at $368,795,338 the first year and $593,665,047 the second year from federal funds to be distributed to the Department of Medical Assistance Services for payment Medicaid expenses from the Medicaid - Federal Medicaid Assistance Percentage and the Medicaid - Disproportionate Share Hospitals funds cited in paragraph B.1. above.
3. The appropriation in this item includes an amount estimated at $365,187,984 the second year from federal funds to be distributed to the Department of Education – Direct Aid to Public Education (Item 141) for payment to local school divisions from the Fiscal Stabilization – Education fund cited in paragraph B.1. above. The amounts appropriated are an estimate, and may be modified by the Director, Department of Planning and Budget depending on the final budget reduction actions taken in this act.
4. a. The appropriation in this item includes an amount estimated at $126,744,967 $75,016,418 the second year from federal funds to be distributed to the educational and general program at institutions of higher education from the Fiscal Stabilization – Education fund cited in paragraph B.1. above. The amounts appropriated are an estimate, and may be modified by the Director, Department of Planning and Budget, depending on the final budget reduction actions taken in this act.
b. Allocations for institutions of higher education from the Fiscal Stabilization – Education fund cited in paragraph B.1. above are as follows:
| Christopher Newport University | $3,492,779
|
| | $2,531,692 |
| Virginia Community College System | $19,406,739
|
| | $6,836,891 |
| George Mason University | $10,912,431
|
| | $6,203,142 |
| James Madison University | $7,301,608
|
| | $4,648,818 |
| Longwood University | $3,169,668
|
| | $2,221,989 |
| Virginia Institute of Marine Science | $660,246
|
| | $0 |
| Norfolk State University | $4,230,688
|
| | $2,826,052 |
| Old Dominion University | $12,787,803
|
| | $8,965,969 |
| Radford University | $5,482,461
|
| | $3,761,002 |
| Richard Bland College | $343,420
|
| | $155,539 |
| University of Mary Washington | $2,387,643
|
| | $1,579,107 |
| University of Virginia | $10,722,655
|
| | $5,559,100 |
| University of Virginia's College at Wise | $1,618,522
|
| | $1,097,609 |
| Virginia Commonwealth University | $20,541,737
|
| | $13,798,668 |
| Virginia Military Institute | $1,242,513
|
| | $765,001 |
| Virginia State University | $1,305,733
|
| | $397,690 |
| Virginia Polytechnic Institute and State University | $17,322,599
|
| | $11,479,961 |
| The College of William and Mary in Virginia | $3,815,722
|
| | $2,188,188 |
c. 1) Consistent with the provisions of the Section 14004 (a), Title XIV of the American Recovery and Reinvestment Act of 2009, it is the intent of the General Assembly that funding in this item is to mitigate the need to raise tuition on in-state students at public colleges and universities. By October 1, 2009, the State Council of Higher Education for Virginia shall report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees the educational and general program tuition and fee increases at each higher education institution for fiscal year 2010 including an estimate of additional revenue generated from these increases by student type and domicile.
2) The State Council of Higher Education for Virginia and the Director, Department of Planning and Budget shall inform each Board of Visitors on the requirements of Title XIV of the American Recovery and Reinvestment Act of 2009. The tuition actions of each Board of Visitors will be incorporated in the report submitted to the Secretary of Education required under Section 14008 (6), Title XIV of the American Recovery and Reinvestment Act of 2009.
3) The Governor and the General Assembly will review the actions of the Board of Visitors of each college or university concerning tuition and fees and other relevant information in accordance with the objectives and requirements of Title XIV of the American Recovery and Reinvestment Act of 2009 or regulation thereto.
5. The appropriation in this item includes an amount estimated at $109,452,074 in the second year from federal funds contained in the Fiscal Stabilization – General fund cited in paragraph B.1. above. This appropriation shall be distributed to the items and purposes prescribed below: is included in Item 69, Financial Assistance for Sheriffs' Offices and Regional Jails, to support public safety activities, including operating local and regional jails and conducting local law enforcement activities.
| Item C-14.40, Luter School of Business, for the purpose of advancing capital projects to full planning
| $1,100,230
|
| Item C-19.15, Integrated Science Center Phase III, for the purpose of advancing capital projects to full planning
| $2,200,230
|
| Item C-39.15, Duke Hall, for the purpose of advancing capital projects to full planning
| $1,100,230
|
| Item C-61.50, Ruffner Hall, for the purpose of advancing capital projects to full planning
| $1,100,230
|
| Item C-91.10, Engineering Signature Building, for the purpose of advancing capital projects to full planning
| $1,100,230
|
| Item C-177.20, for the purpose of capital planning
| $4,450,000
|
| Item C-0, for the purpose of project detailed planning
| $16,650,000
|
| Item 361 G, for the purpose of Best Management Practices
| $5,200,000
|
| Item 254, for the purpose of the Commonwealth Technology Research Fund
| $1,000,000
|
| Item 470, for the purpose of the Virginia Tobacco Settlement Fund
| $7,309,000
|
| Item 110, for the purpose of the Fort Monroe Federal Area Development Authority
| $1,556,934
|
| Item 361 G, for the purpose of Best Management Practices
| $10,000,000
|
| Item 473 H, for the purpose of the Base Realignment and Closure Commission
| $19,500,000
|
| Item 473 I, for the purpose of Rolls Royce incentive package
| $9,400,000
|
| Item 105, for the purpose of the Governor's Opportunity Fund
| $588,945
|
| Item C-181.20, for the purpose of capital improvements
| $4,000,000
|
| Item 473 M, for the purpose of SRI International
| $2,000,000
|
| Item 277, for the purpose of regional jail reimbursement
| $2,633,289
|
| Item 105, for the purpose of investment performance grants
| $1,562,756
|
| Item 362, for the purpose of the Virginia Land Conservation Fund
| $2,000,000
|
| Item C-0, for the purpose of building maintenance at state agencies and institutions of higher education
| $15,000,000
|
6. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department for the Aging for elderly nutritional services from the amounts cited in paragraph B.1. above.
7. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Health from the Drinking Water State Revolving Fund cited in paragraph B.1. above.
8. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Mental Health, Mental Retardation and Substance Abuse Services for early intervention services from Part C of the Individuals with Disabilities Education Act of 2004 cited in paragraph B.1. above.
9. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Rehabilitative Services for independent living services cited in paragraph B.1. above.
10. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Rehabilitative Services for vocational rehabilitation services cited in paragraph B.1. above.
11. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for child support enforcement cited in paragraph B.1. above.
12. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for child care services from the Child Care and Development Block Grant cited in paragraph B.1. above.
13. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services for food stamp benefits cited in paragraph B.1. above.
14. The appropriation in this item includes amounts estimated from federal funds to be distributed to the Department of Social Services from the Community Services Block Grant cited in paragraph B.1. above.
15. The appropriation in this item includes an amount estimated at $23.3 million the second year from federal funds to be distributed to the Compensation Board for Sheriff's Offices from the Byrne Justice Assistance Grant cited in paragraph B.1. above.
16. It is the intent of the General Assembly that the Commonwealth maximize use of the funds available from the American Recovery and Reinvestment Act of 2009. The Governor shall take all actions necessary to ensure that applications for funds are submitted and that funds are received in a timely manner. 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. To the extent that such funds are not appropriated in and distributed from the legislative appropriation in this item, the Governor shall authorize such appropriation in accordance with the provisions of this act and shall make such a transfer or distributions as necessary to ensure the appropriate and timely use of the available federal funds. All such transactions to create or increase an appropriation or to transfer an appropriation pursuant to the American Recovery and Reinvestment Act of 2009 shall be reported to the Chairmen of the House Appropriations Committee and the Senate Finance Committee on a quarterly basis.