A.1. The appropriation for this Item includes an amount estimated at $603,012,513 in the first year and $85,790,500 in the second year from the revenues to be received from distributions of the federal State and Local Recovery Fund (SLRF) pursuant to the American Rescue Plan Act of 2021 (ARPA).
2. The following appropriations shall be transferred from this Item for the following purposes:
a. Unemployment Assistance
1) $17,600,000 in the first year to the Virginia Employment Commission (182) for the continuation of funding for information technology modernization, call center improvements, security, and claims adjudication. Information technology improvements shall include a customer relationship management system and other such communication tools to better serve Unemployment Insurance clients.
b. Broadband
1) $750,000 in the first year and $750,000 in the second year to the Department of General Services (194) for the continuation of funding for legal and real estate transaction support for agencies that own property to support broadband expansion.
2) $8,000,000 in the first year to the Department of Housing and Community Development (165) for the continuation of funding for a Line Extension Customer Assistance Program to support the extension of existing broadband networks to low-to-moderate income residents.
c. Dairy Industry Support
1) $2,000,000 in the first year to the Department of Agriculture and Consumer Services (301) to provide dairy industry support to mitigate pandemic losses.
d. Rebuild VA
1) $100,000,000 in the first year to the Department of Small Business and Supplier Diversity (350) to provide additional funding for the Rebuild Virginia Program.
e. Other small business
1) $22,500,000 in the first year to the Department of Housing and Community Development (165) for the continuation of funding to support the Virginia Removal or Rehabilitation of Derelict Structures Fund program. Notwithstanding § 36-155, Code of Virginia, for the purposes of this funding, the maximum grant amount shall be $5,000,000 for projects in economically distressed areas, and any grant award in excess of $1,000,000 for projects in economically distressed areas shall be conditioned upon a 100 percent match of local and/or private funds by the local government. The funds shall be managed and awarded through the Industrial Revitalization Fund process; however, the department may adjust the criteria to reflect the provisions established by the U.S. Department of the Treasury's rules and regulations regarding the Coronavirus State and Local Fiscal Recovery Funds established under the American Rescue Plan Act. Pursuant to these provisions, DHCD shall increase project cap amounts and consider updates to program guidelines that make more projects viable, especially in communities disproportionately impacted by the pandemic. Where the proposed project's end user is a private business, DHCD shall include evaluation criteria that incentivizes significant private investment.
2) $4,000,000 in the first year to the Department of Housing and Community Development (165) to support the Virginia Main Street program in providing assistance to businesses recovering from the COVID-19 pandemic.
f. Food Access
1) $11,000,000 in the first year to the Department of Agriculture and Consumer Services (301) for the continuation of the Virginia Agriculture Food Assistance Program established in § 3.2-4783, Code of Virginia, and to expand the capacity of Virginia's network of food providers to accept, store, and distribute food products.
g. Drinking Water, Wastewater, and CSOs
1) $1,600,000 in the first year and $4,150,000 in the second year to the Department of Health (601) for the continuation of funding to provide improvement funds for well and septic systems for homeowners at or below 200 percent of the federal poverty guidelines.
2) $165,000,000 in the first year to the Department of Environmental Quality (440) for additional grants to the City of Alexandria, Virginia Sanitation Authority and the cities of Lynchburg and Richmond to pay a portion of the costs of combined sewer overflow control projects. The City of Alexandria, Virginia Sanitation Authority is to receive $40,000,000; the City of Lynchburg is to receive $25,000,000; and the City of Richmond is to receive $100,000,000.
3) $68,600,000 in the first year to the Department of Environmental Quality (440) for grants to the City of Fredericksburg and King George County Service Authority for wastewater projects; to the Towns of Wachapreague and Exmore for sewer projects; and to the Town of Quantico for water and sewer improvements. The City of Fredericksburg is to receive $27,000,000; the King George County Service Authority is to receive $16,000,000; the Town of Wachapreague is to receive $3,600,000; the Town of Exmore is to receive $5,000,000; and the Town of Quantico is to receive $17,000,000.
4) $25,000,000 in the first year and $25,000,000 in the second year to the Department of Health (601) for the continuation of funding to support equal access to drinking water at small and disadvantaged community waterworks. These funds shall be limited in their use to qualifying municipal and private drinking water projects and shall not be used for improvements to the department's internal systems or processes.
h. Mental Health
1) $68,071,230 in the first year to Mental Health Treatment Centers (792) for salary adjustments for direct care staff at state behavioral health facilities and intellectual disability training centers.
2) $700,000 in the first year to Mental Health Treatment Centers (792) to expand Telehealth Capability at DBHDS State Facilities.
3) $8,414,272 in the first year to Intellectual Disabilities Training Centers (793) for salary adjustments for direct care staff at state behavioral health facilities and intellectual disability training centers.
4) $7,181,604 in the first year to the Virginia Center for Behavioral Rehabilitation (794) for salary adjustments for direct care staff at state behavioral health facilities and intellectual disability training centers.
5) $20,000,000 in the first year to Grants to Localities (790) for the continued expansion of community-based crisis services.
6) $1,200,000 in the first year to the Department of Behavioral Health and Developmental Services (720) for the continuation of funding for the purchase of personal protective equipment at state facilities.
7) $1,650,000 in the first year to the Department of Behavioral Health and Developmental Services (720) for the continuation of funding to continue an expanded pilot program in FY 2023 to serve approximately 60 additional individuals with a primary diagnosis of dementia who are ready for discharge from state geriatric behavioral health hospitals to the community and who are in need of nursing facility level care. Funding for the pilot program shall be dependent upon an agreement between the department and the Community Services Board in the jurisdiction the pilot program is located.
8) $1,500,000 in the first year to the Department of Criminal Justice Services (140) for the continuation of funding to provide resources for crisis intervention team training to law-enforcement officers and dispatchers, and one position to provide technical assistance in support of the mental health awareness response and community understanding services (Marcus) alert system.
i. Substance Use Disorder
1) $2,000,000 in the first year and $3,000,000 in the second year to the Department of Health (601) for the continuation of funding for substance misuse and suicide prevention efforts.
2) $5,000,000 in the first year to Grants to Localities (790) for the continuation of funding to expand community-based substance use disorder treatment services.
j. Public Health Initiatives
1) $2,378,000 in the first year and $2,378,000 in the second year to the Department of General Services (194) for the continuation of funding to include customer support upgrades and Laboratory Information Management System (LIMS) infrastructure, development, and improvement.
2) $3,750,000 in the first year to the Department of Housing and Community Development (165) for the continuation of funding for a dedicated lead rehabilitation program to address childhood lead poisoning in residential properties.
3) $10,000,000 in the first year and $10,000,000 in the second year to the Department of Health (601) for the continuation of funding for the procurement and deployment of an electronic health records system.
4) $15,000,000 in the first year and $25,000,000 in the second year to the Department of Health (601) for the continuation of funding for the modernization of administrative systems and software in order to create response capacity during future emergencies.
5) $10,000,000 in the first year and $10,000,000 in the second year to the Department of Health (601) for the continuation of funding for a records management system that will digitize and automate records processes.
6) $5,000,000 in the first year to the Department of Health (601) to contract with the Virginia Association of Free and Charitable Clinics for pandemic-related costs incurred by free and charitable clinics in Virginia.
7) $1,925,000 in the first year and $3,075,000 in the second year to the Department of Medical Assistance Services (602) for the continuation of funding to address operational backlogs by hiring contractors to assist with eligibility re-evaluations and member appeals. Funding also will be used to perform COVID-19 related outreach and engagement activities.
8) $5,000,000 in the first year to the Department of Social Services (765) to upgrade mission critical network infrastructure.
9) $1,587,200 in the first year and $1,892,500 in the second year to the Department for Aging and Rehabilitative Services (262) for the continuation of funding fund HVAC/air quality systems and physical plant improvements in assisted living facilities that serve a disproportionate share of auxiliary grant residents.
k. Addressing Community Violence
1) $75,000 in the first year to the Department of Forensic Science (778) for the continuation of funding for the purchase of equipment used to analyze firearms evidence.
l. Public Safety
1) $532,086 in the first year to the Department of Corrections (799) for the continuation of funding for five staff positions to support COVID-19 project management activities.
2) $45,000 in the first year and $45,000 in the second year to the Department of Corrections (799) for the continuation of funding to reimburse the contractor that operates the Lawrenceville Correctional Center for the cost of personal protective equipment (PPE).
3) $3,055,000 in the first year to the Department of Corrections (799) to expand video visitation in correctional facilities.
4) $418,121 in the first year to the Department of Emergency Management (127) for the continuation of funding for Virginia Emergency Support Team (VEST) COVID-19 recovery activities and four support staff.
5) $600,000 in the first year to the Department of Juvenile Justice (777) for the continuation of funding for mobile smartphones for agency staff.
6) $1,380,000 in the first year to the Department of State Police (156) for the continuation of funding to support live scan fingerprinting machines for the agency's area offices.
m. ARPA Reporting
1) $500,000 in the first year and $500,000 in the second year to the Department of Accounts (151) for the cost of supporting ARPA reporting requirements.
3.a. Prior to initiating any program, service, or spending from the appropriations listed in paragraph 2. above, the responsible agency must ensure that its intended action qualifies for the use of the funds under the ARPA criteria to support health expenditures, to address negative economic impacts caused by the public health emergency, to provide premium pay for essential workers, or to invest in water, sewer, and broadband infrastructure as described in the Interim Final Rule or the guidance issued by the U.S. Department of Treasury. Agencies shall not rely on the provisions for replacing lost public sector revenue as a qualifying criteria without receiving prior written approval from the Governor.
b. Agencies must ensure compliance with all use, documentation, and reporting requirements established in state and federal guidelines and laws.
4. The Governor is authorized to appropriate additional amounts not listed above if they must be executed before the 2023 regular session of the General Assembly in order to respond to a public health emergency or to prevent the emergence of a new health emergency. The Governor shall provide written notice to the chairpersons of the House Appropriations Committee and the Senate Finance and Appropriations Committee no less than five business days prior to appropriating such amounts.
B.1. The appropriation in this item includes an amount estimated at $141,748,759 in the first year and $43,229,179 in the second year from the estimated revenues to be received pursuant to the American Rescue Plan Act of 2021 (ARPA) from grants other than the State and Local Recovery Fund (SLRF). The following appropriations shall be transferred from this item to the following:
ARPA Fund Source / Grant | State Agency | FY 2023 Appropriation | FY 2024 Appropriation |
Crisis Response Cooperative Agreement (CDC) | Department of Health (601) | $25,460,480 | $2,000,000 |
Epidemiology and Lab Capacity for School Testing (CDC) | Department of Health (601) | $84,838,264 | $7,069,855 |
Epidemiology and Lab Capacity for Confinement Settings (CDC) | Department of Health (601) | $6,976,200 | $6,976,200 |
COVID-19 Vaccine Preparedness Adjustment (CDC) | Department of Health (601) | $12,557,027 | $12,557,027 |
Maternal, Infant and Early Childhood Home Visiting Grant Program (HRSA) | Department of Health (601) | $439,674 | $109,918 |
Disease Intervention Workforce (CDC) | Department of Health (601) | $4,519,512 | $4,519,512 |
AmeriCorps (CNCS) | Department of Social Services (765) | $2,262,662 | $2,562,662 |
Family Violence Prevention and Services (ACF) | Department of Social Services (765) | $4,694,940 | $7,434,005 |
2. The Director of the Department of Planning and Budget is authorized to adjust the amounts appropriated in paragraph B.1. above to reflect the actual revenues received by the Commonwealth for each grant.
3.a. Agencies are authorized to initiate spending from these appropriations in order to provide one-time services for purposes authorized and permitted under federal law and in accordance with the guidance issued by the U.S. Department of Treasury and other applicable federal agencies, or to execute requirements of federal law that must be initiated. No such spending shall be initiated for programs or services that create an ongoing commitment of state resources after the conclusion of the federal grant unless such services are required by federal law.
b. Prior to initiating any program, service, or spending from these appropriations, the responsible agency must provide written notification of its intended action to the Governor, the Chairs of the House Appropriations Committee and the Senate Finance and Appropriations Committee, and the Director of the Department of Planning and Budget. Such notice shall be provided no less than ten business days before an agency initiates services or incurs any costs associated with the grant. For purposes of this section, initiating a program includes any public announcement or proposal presented to constituent groups.
c. If an agency wishes to spend any amounts from these grants for purposes that create an ongoing commitment that must be maintained by state resources after the conclusion of the federal grant, it must receive prior approval and authorization of the General Assembly. Agencies must submit such proposals to the Department of Planning and Budget for consideration by the Governor and the General Assembly in the 2023 session of the General Assembly.
d. Agencies must ensure compliance with all use, documentation, and reporting requirements established in state and federal guidelines and laws.
e. The Governor is authorized to appropriate any additional grants not listed above if they must be executed before the 2023 regular session of the General Assembly. The Governor shall provide written notice to the chairpersons of the House Appropriations Committee and the Senate Finance and Appropriations Committee no less than five business days prior to appropriating such grants.
C. Temporary nurse aides practicing in long term care facilities under the federal Public Health Emergency 1135 Waiver may be deemed eligible by the Board of Nursing while this waiver is in effect to take the National Nurse Aide Assessment Program examination upon submission of a completed application, the employer's written verification of competency and employment as a temporary nurse aide, and provided no other grounds exist under Virginia law to deny the application.
D. Any amounts appropriated in this item that remain unspent at the end of any fiscal year shall be reappropriated in the next fiscal year to be spent for the same purposes as stated in this act.