CONSOLIDATED MOTIONS FOR END OF SESSION BUDGET ACTIONS - Executive Appropriations Committee March 4, 2021
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CONSOLIDATED MOTIONS FOR END OF SESSION BUDGET ACTIONS Executive Appropriations Committee March 4, 2021
Adopt revenue, appropriation, and intent language changes as shown below: Business, Economic Development, and Labor 1. Approve the following intent language in the GOED Pass‐through line item: The Legislature intends that ongoing appropriations in this item and in Senate Bill 2, Item 55 for Utah Industry Resource Alliance (Alliance) be distributed to Utah State University on behalf of the Alliance and that Utah State University consult with the Alliance when further distributing the funds. 2. Approve the following FY 2022 appropriation changes to implement House Bill 348: a. Reduce $200,000 ongoing General Fund that was appropriated in S.B. 2, Item 54 for Rural Fiber/Broadband b. Shift $67,100 ongoing General Fund from GOED – Business Development to GOED Administration 3. Approve the following intent language: The Legislature intends that the $600,000 one‐time appropriation for BioHive in S.B. 2, Item 55, be matched 1:1 by industry, and that funds be distributed through GOED only when the industry provides matching funds. 4. Approve the following intent language: The Legislature intends that the $1,500,000 appropriation for Point of the Mountain Authority in H.B. 3, Item 36, not lapse at the close of FY 2021. 5. Approve the following intent language: The Legislature intends that the appropriation of $5,000,000 in this item for Outdoor Recreation be used for the Bonneville Shoreline Trail. 6. Approve the following intent language: The Legislature intends that the Governor's Office of Economic Development pass‐through $2,071,100 appropriated for the Sparrowhawk building to the Military Installation Development Authority. The Legislature further intends that the Military Installation Development Authority use the funding received from the Governor's Office of Economic Development to finalize the purchase of the Sparrowhawk building, pay remaining ground lease payments, demolition fund, and bonds secured by the building and transfer any remaining funds along with building furniture, fixtures, and equipment to Weber State University. 7. Approve the following intent language: The Legislature intends to delete intent language passed in House Bill 3 item 38 stating, “These funds will be used as grants to nonprofits impacted by the COVID‐19 pandemic.” and replace with “These funds will be used as grants to cultural nonprofits as well as cultural for‐profit organizations that support Utah based artists impacted by the COVID‐19 pandemic.” 8. Adjust appropriations in Senate Bill 2, Item 51, Department of Alcoholic Beverage Control, by shifting $35,000 one‐time from the General Fund to the Liquor Control Fund in FY 2022. ‐1‐
9. Shift $1,000,000 in transfers from Heritage and Arts – State History to Heritage and Arts – Administration. 10. Reallocate FY 2022 appropriations from Economic Development ‐ SBIR/STTR Center ‐ SBIR/STTR Center to Economic Development ‐ Business Development ‐ Outreach and International Trade: a. To SBIR/STTR Center, General Fund ($385,600) b. To SBIR/STTR Center, Dedicated Credits ($16,100) c. To Outreach and International Trade, General Fund $385,600 d. To Outreach and International Trade, Dedicated Credits $16,100 Executive Offices and Criminal Justice 1. Approve the following intent language: Under Section 63J‐1‐603 of the Utah Code, the Legislature intends that the General Fund, One‐Time appropriations to the Attorney General’s Office, Department of Corrections, and Courts provided for in this S.B. 3 to implement provisions of Senate Bill 215, “Sex Offender Registry Amendments” not lapse at the close of Fiscal Year 2022. 2. Approve the following intent language: The Legislature intends that appropriations in this S.B. 3 to implement provisions of Senate Bill 249, “County Jail Amendments” cover program costs until the repeal date of June 30, 2024 stated in Section 1 of Senate Bill 249, and under Section 63J‐1‐ 603 of the Utah Code, not lapse at the close of Fiscal Year 2022. 3. Approve the following FY 2021 federal funds appropriation: To Department of Public Safety ‐ Emergency Management From Federal Funds, One‐Time $40,000,000 Schedule of Programs: Emergency Management $40,000,000 4. Approve the following FY 2022 federal funds appropriation: To Department of Public Safety – Emergency Management From Federal Funds, One‐Time $100,000,000 Schedule of Programs: Emergency Management $100,000,000 5. Approve the following FY22 federal funds appropriations related to COVID‐19 response funds: To Governor’s Office – Office of Management and Budget From Transfer for COVID‐19 Response, One‐Time $3,000,000 Schedule of Programs: Administration $3,000,000 ‐2‐
6. Authorize adjustments to dedicated credit appropriations and FTEs for the Attorney General Internal Service Fund (ISF) commensurate with appropriations to their customer agencies. 7. Shift $220,600 from Courts – District Courts Program to Courts – Administration program. Higher Education 1. Approve the following intent language: The Legislature intends that, if House Bill 278, “Name Change Process for Dixie State University” passes, the General Fund one‐time appropriation of $500,000 in the bill shall only be released if the heritage committee is established as provided under 53B‐16‐502. 2. Reallocate $300,000 Education Fund ongoing in FY 2022 from the Utah Valley University – Education and General Line Item to the Utah Valley University ‐ Fire and Rescue Training Line Item. Infrastructure and General Government 1. Approve the following intent language: The Legislature intends that the Division of Facilities and Construction Management not expend funds appropriated in FY 2022 for the construction of a higher education capital development project until the Utah Board of Higher Education demonstrates, by providing a written report to the Executive Appropriations Committee and the Division of Facilities and Construction Management, that the institution of higher education at which the higher education capital development project is located offers students substantially equal opportunities to attend courses in‐person as the institution of higher education offered before transitioning in‐person courses to online or virtual in Spring 2020. 2. Approve the following intent language: Notwithstanding intent language in Senate Bill 2, Item 243, 2021 General Session, the Legislature intends that the Division of Facilities Construction and Management (DFCM) may use the money appropriated in Senate Bill 2, Item 243, and this item to pay for costs of a capital development project approved by the Legislature in the 2021 General Session that exceed the amount appropriated for the project, but not to exceed four percent more than the amount appropriated for the project. The Legislature further intends that if the estimated completion cost of an approved project exceeds 104 percent of the amount appropriated for the project, that the DFCM director report the estimated cost to the Executive Appropriations Committee and receive the committee’s recommendation before proceeding with the project. 3. Reallocate appropriations of $1,900 ongoing from the Capital Projects Fund from the Building Board Program to the Department of Government Operations – DFCM Administration line item in FY 2022. 4. Approve the following intent language: Under terms of 63J‐1‐603 of the Utah Code, the Legislature intends that appropriations provided for the FINET Statewide Accounting System Upgrade in H.B. 3, Item 18, 2021 General Session shall not lapse at the close of FY 2021. The ‐3‐
Legislature further intends that any nonlapsing amount from this appropriation be included in the FY 2022 beginning nonlapsing balances in the Department of Government Operations – Finance – Administration 5. Approve the following intent language: The Legislature intends that the appropriation of $50,000 for Grand Boulevards be used in a city of the first class by a nonprofit group for project management, working to enhance and modernize existing shared state and city roads. 6. Approve the following intent language: The Legislature intends that the Department of Transportation may use $439,400 from project funds made available for a project on SR‐85, SR‐ 73 to 2100 North, to resolve a dispute for relocation of two farm buildings. 7. Approve the following intent language: The Legislature intends that the Department of Transportation use $225,000 from the Transportation Fund for improvements to a road accessing a new state park in Morgan County. 8. Approve the following intent language for the Department of Administrative Services – Finance – Mandated: Under Section 63J‐1‐603 of the Utah Code, the Legislature intends that up to $10,000,000 provided for Public Health Emergency Response in Item 11, Chapter 440, Laws of Utah 2020 shall not lapse at the close of FY 2021. The funding is to be used for the state's response to Coronavirus. The Legislature further intends that any nonlapsing amount from this appropriation be included in the FY 2022 beginning nonlapsing balances in Department of Government Operations ‐ Finance ‐ Mandated. 9. Approve the following intent language: The Legislature intends that the Division of Facilities Construction and Management use available cash balances after accounting for new prison construction costs for construction of the Capitol Hill North Building. 10. Approve the following intent language: "The Legislature intends that after the Department of Transportation has distributed funds in accordance with H.B. 244, 2021 General Session, the department shall use up to $1,000,000 from any unallocated funds from FY 2021 and FY 2022 in the County of the First Class Highway Projects Fund for the design, environmental work, and right‐of‐way acquisition for a road connecting Rose Park Lane to Redwood Road at 2600 North in Salt Lake City. 11. Approve the following FY 2022 federal funds appropriation: To Department of Government Operations – Finance – Mandated From Federal Funds – Coronavirus Relief Fund, One‐Time $40,000,000 Schedule of Programs: Emergency Disease Response $40,000,000 12. Approve the following intent language: Notwithstanding the intent language in S.B. 2, Item 48, 2021 General Session, the Legislature intends that the Department of Transportation use $2,500,000 of the appropriation in that item for completion of the final gap of the Parley’s Trail, contingent on the political subdivision(s) where the project takes place providing a contribution ‐4‐
equal to or greater than 20 percent of the costs needed for the project. Natural Resources, Agriculture, and Environmental Quality 1. Approve the following intent language for FY 2022: The Legislature intends that the $500,000 General Fund, one‐time appropriation to the Public Lands Policy Coordination Office be used to educate critical audiences on the importance of public land and wildlife management, multiple use practices, and similar efforts. 2. Approve the following intent language for FY 2022: The Legislature intends that the $392,000 one‐time appropriation from the Qualified Production Enterprise Fund be used by the Department of Agriculture and Food’s Analytical Laboratory for the purchase of equipment and services solely in support of the Medical Cannabis program and to obtain ISO 17025:2017 certification in compliance with Utah Code R68‐29. 3. Approve the following intent language for FY 2022: The Legislature intends that the $140,000 ongoing appropriation from the Qualified Production Enterprise Fund to the Analytical Laboratory line item be used for hiring two laboratory technicians solely to support the Medical Cannabis program. 4. Approve the following appropriation and intent language for FY 2022: a. Appropriate $2,000,000 General Fund, one‐time in FY 2022 to the Department of Environmental Quality’s Water Quality line item. b. The Legislature intends that the $2,000,000 General Fund, one‐time appropriation to the Division of Water Quality be used for a voluntary, incentive‐based agricultural nutrient management program. 5. Approve the following appropriations for FY 2022: b. $(1,000,000) General Fund, one‐time from the Invasive Species Mitigation line item. c. $1,000,000 General Fund, one‐time to the Invasive Species Mitigation Fund. d. $1,000,000 Invasive Species Mitigation Fund, one‐time to the Invasive Species Mitigation line item. 5. Appropriate $392,000 one‐time and $140,000 ongoing from the Qualified Production Enterprise Fund to the Department of Agriculture and Food’s Analytical Laboratory line item in FY 2022. 6. Reallocate General Fund from Animal Industry to the Administration and Predator Control Line items in FY 2022 as follows: a. $127,500 General Fund to the Administration line item b. $122,500 General Fund to the Predator Control line item c. $(250,000) General Fund to the Animal Industry line item 7. Reallocate $77,300 General Fund and $46,700 from the Horse Racing Restricted Account to the Horse Racing Commission program within the Animal Industry line item in FY 2022. Public Education ‐5‐
1. Approve the following intent language: The Legislature intends that, if Senate Bill 142, Public Education Funding Amendment is enacted, the Division of Finance change name references in the budget for the Enhancement for At‐Risk Students program in the Minimum School Program – Related to Basic School Programs to the Students At‐Risk – Gang Prevention Grant Program. 2. Approve the following intent language for the Assessment to Achievement Program (the program would require statutory enactment for future appropriations): Notwithstanding the intent language in Subsection (4) under Item 18 in House Bill 2, Public Education Budget Amendments, the Legislature intends that, of the appropriation provided by Item 18, in House Bill 2, Public Education Budget Amendments, $7,016,900 be used: (1) in fiscal years 2022, 2023, 2024; and (2) for an existing program for professional learning related to improving student achievement. Social Services 1. Approve the following intent language: Pursuant to Section 63J‐1‐603 of the Utah Code, the Legislature intends that up to $33,500 General Fund provided in this line item for the Department of Health's Executive Director's Operations line item shall not lapse at the close of Fiscal Year 2021. The use of any nonlapsing funds is limited to the implementation of S.B. 107, In‐person Instruction Prioritization. 2. Approve the following intent language: Pursuant to Section 63J‐1‐603 of the Utah Code, the Legislature intends that up to $80,000 General Fund provided in this line item for the Department of Health's Medicaid Services line item shall not lapse at the close of Fiscal Year 2021. The use of any nonlapsing funds is limited to the costs of the state’s medical and dental clinics. 3. Approve the following intent language: The Legislature intends that, of the $985,700 appropriated for the item “Vivitrol Medication Assisted Treatment Program” in S.B. 2, Item 89, the Division of Substance Abuse and Mental Health may expend up to $250,000 on a program that researches the connection between exercise and substance use disorder recovery. 4. Reclassify $20,140,900 federal funds in FY 2022 as one‐time that are currently classified as ongoing for the Provider Reimbursement Information System for the Medicaid program within the Department of Health’s Medicaid Services line item. 5. Shift already approved ongoing federal funds of $72,830,600 beginning in FY 2022 from the Department of Health’s Family Health and Preparedness line item in the Maternal and Child Health program to the Disease Control and Prevention line item in the Epidemiology program to reflect the correct program administering the new federal funding. 6. For the item “Recover Unspent Funds from S.B. 241, Medical Benefits Recovery, 2018 G.S.” that was funded in SB 2, Item 87, switch matching funds from federal funds to transfers as follows: ‐6‐
$66,000 from federal funds and ($66,000) from transfers, both ongoing in FY 2022. 7. Approve the following FY 2021 federal funds appropriations: To Department of Human Services – Division of Child and Family Services From Federal Funds, One‐Time, $2,296,700 Schedule of Programs: Minor Grants $2,296,700 To Department of Human Services‐ Division of Substance Abuse and Mental Health From Federal Funds, One‐Time $2,859,000 Schedule of Programs: Community Mental Health Services $2,859,000 8. Approve the following FY 2022 federal funds appropriations: To Department of Human Services – Division of Child and Family Services From Federal Funds, One‐Time $2,296,700 Schedule of Programs: Minor Grants $2,296,700 To Department of Human Services ‐ Division of Substance Abuse and Mental Health From Federal Funds, One‐Time $2,859,000 Schedule of Programs: Community Mental Health Services $2,859,000 9. Approve an increase in one‐time transfers for the Department of Health’s Executive Director’s Operations line item by $90,000,000 in FY 2021 and $191,000,000 in FY 2022 in anticipation of reimbursements from the Federal Emergency Management Agency. 10. Approve the following FY22 federal funds appropriations related to COVID‐19 response funds: To Department of Health – Executive Director’s Operations From Transfer for COVID‐19 Response, One‐Time $42,000,000 Schedule of Programs: Executive Director $42,000,000 Executive Appropriations Committee 1. Approve the following intent language: The Legislature intends that, if FY 2022 ongoing Education Fund revenue estimates adopted by the Executive Appropriations Committee in December 2021 remain at or above the target adopted by the Executive Appropriations Committee in May 2021, when preparing the Infrastructure and General Government base budget for FY 2023, the Legislative Fiscal Analyst shall include $100 million ongoing from the Education Fund for the Higher Education Capital Projects Fund and $20 million ongoing from the Education Fund for the Technical Colleges Capital Projects Fund. ‐7‐
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