SB 784: State government: emergency services: nonprofit service providers.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2021-09-01
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Existing law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act.
This bill would authorize a nonprofit entity that provides services pursuant to a contract with the state, during a state of war emergency or a state of emergency, to adjust the method in which it provides those services so long as the purpose of the contract is served. The bill would require the nonprofit entity to notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted. The bill would require a nonprofit entity to identify and thoroughly document all expenditures associated with the closed program, and to retain documentation to justify expenses and to support claiming continued state funding, as specified. The bill would require state departments that receive notice from a nonprofit entity that provides services, as described above, to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels, as specified.
This bill would apply these provisions only until the contracting agency determines what substitute performance in furtherance of the purpose of the contract is permissible. The bill would not apply to any contract that is void or voidable on the basis of force majeure or frustration of purpose.
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Existing law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act.
This bill would authorize a nonprofit entity that provides services pursuant to a contract with the state, during a state of war emergency or a state of emergency, to adjust the method in which it provides those services so long as the purpose of the contract is served. The bill would require the nonprofit entity to notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted. The bill would require a nonprofit entity to identify and thoroughly document all expenditures associated with the closed program, and to retain documentation to justify expenses and to support claiming continued state funding, as specified. The bill would require state departments that receive notice from a nonprofit entity that provides services, as described above, to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels, as specified.
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Existing law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act.
This bill would authorize a nonprofit entity that provides nonessential, supportive services pursuant to a contract with the state, during a state of war emergency or a state of emergency, to adjust the method in which it provides those services so long as the purpose of the contract is served. The bill would require the nonprofit entity to notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted. The bill would require a nonprofit entity to identify and thoroughly document all expenditures associated with the closed program, and to retain documentation to justify expenses and to support claiming continued state funding, as specified. The bill would require state departments that receive notice from a nonprofit entity that provides nonessential, supportive services, as described above, to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels, as specified.
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Existing law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act.
This bill would authorize a nonprofit entity that provides nonessential, supportive services pursuant to a contract with the state, during a state of war emergency or a state of emergency, to adjust the method in which it provides those services so long as the purpose of the contract is served. The bill would require the nonprofit entity to notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted. The bill would require a nonprofit entity to identify and thoroughly document all expenditures associated with the closed program, and to retain documentation to justify expenses and to support claiming continued state funding, as specified. The bill would require state departments that receive notice from a nonprofit entity that provides nonessential, supportive services, as described above, to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels, as specified.
(a)During a state of war emergency or a state of emergency, a nonprofit entity that provides services pursuant to a contract with the state is authorized to adjust the method in which it provides those services so long as the purpose of the contract is served.
(b)The nonprofit entity shall notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted.
(c)(1)The nonprofit entity shall identify and thoroughly document all expenditures associated with the closed program. The nonprofit entity shall retain documentation to justify expenses and to support claiming continued state funding.
(A)Fixed and regular costs that continue to be incurred shall be paid normally.
(B)Hourly employees, including those who would not otherwise be paid when a program is not operating, should be paid the anticipated wage during the closure.
(C)If there are any expenses that will not be incurred due to a program closure, they should be identified and excluded from invoicing. If the costs occurred prior to the closure, they should be paid by the contracting department.
(2) While these expenditures may be billed using a regular monthly invoice template, the expenses related to a closure should be able to be isolated and documentation of them available upon request.
(A)A nonprofit entity with a cost reimbursement contract shall invoice for the month, but should be flexible and responsive to departmental requests for additional documentation about expenditures during closure, which may include documentation of specific services that were expected but unable to be delivered, and costs associated with those services.
(B)A nonprofit entity with a fee-for-service contract should invoice for the month by calculating 1/12th of the contracted units of service, and should be prepared to offer documentation of specific services that were expected but unable to be delivered.
(d)Departments that receive notification from a nonprofit entity pursuant to subdivision (b) shall ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.
(e)This section shall apply to a contract only until the contracting agency determines what substitute performance in furtherance of the purpose of the contract is permissible.
(f)This section shall not apply to a contract that is otherwise void or voidable on the basis of force majeure or frustration of purpose.
(a)During a state of war emergency or a state of emergency, a nonprofit entity that provides services pursuant to a contract with the state is authorized to adjust the method in which it provides those services so long as the purpose of the contract is served.
(b)The nonprofit entity shall notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted.
(c)(1)The nonprofit entity shall identify and thoroughly document all expenditures associated with the closed program. The nonprofit entity shall retain documentation to justify expenses and to support claiming continued state funding.
(A)Fixed and regular costs that continue to be incurred shall be paid normally.
(B)Hourly employees, including those that who would not otherwise be paid when a program is not operating, should be paid the anticipated wage during the closure.
(C)If there are any expenses that will not be incurred due to a program closure, they should be identified and excluded from invoicing. If the costs occurred prior to the closure, they should be paid by the contracting department.
(2) While these expenditures may be billed using a regular monthly invoice template, the expenses related to a closure should be able to be isolated and documentation of them available upon request.
(A)A nonprofit entity with a cost reimbursement contract shall invoice for the month, but should be flexible and responsive to departmental requests for additional documentation about expenditures during closure, which may include documentation of specific services that were expected but unable to be delivered, and costs associated with those services.
(B)A nonprofit entity with a fee-for-service contract should invoice for the month by calculating 1/12th of the contracted units of service, and should be prepared to offer documentation of specific services that were expected but unable to be delivered.
(d)Departments that receive notification from a nonprofit entity pursuant to subdivision (b) shall ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.
(a)During a state of war emergency or a state of emergency, a nonprofit entity that provides nonessential, supportive services pursuant to a contract with the state is authorized to adjust the method in which it provides those services so long as the purpose of the contract is served.
(b)The nonprofit entity shall notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted.
(c)(1)The nonprofit entity shall identify and thoroughly document all expenditures associated with the closed program. The nonprofit entity shall retain documentation to justify expenses and to support claiming continued state funding.
(A)Fixed and regular costs that continue to be incurred shall be paid normally.
(B)Hourly employees, including those that would not otherwise be paid when a program is not operating, should be paid the anticipated wage during the closure.
(C)If there are any expenses that will not be incurred due to a program closure, they should be identified and excluded from invoicing. If the costs occurred prior to the closure, they should be paid by the contracting department.
(2) While these expenditures may be billed using a regular monthly invoice template, the expenses related to a closure should be able to be isolated and documentation of them available upon request.
(A)A nonprofit entity with a cost reimbursement contract shall invoice for the month, but should be flexible and responsive to departmental requests for additional documentation about expenditures during closure, which may include documentation of specific services that were expected but unable to be delivered, and costs associated with those services.
(B)A nonprofit entity with a fee-for-service contract should invoice for the month by calculating 1/12th of the contracted units of service, and should be prepared to offer documentation of specific services that were expected but unable to be delivered.
(d)Departments that receive notification from a nonprofit entity pursuant to subdivision (b) shall ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.
(a)During a state of war emergency or a state of emergency, a nonprofit entity that provides nonessential, supportive services pursuant to a contract with the state is authorized to adjust the method in which it provides those services so long as the purpose of the contract is served.
(b)The nonprofit entity shall notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted.
(c)(1)The nonprofit entity shall identify and thoroughly document all expenditures associated with the closed program. The nonprofit entity shall retain documentation to justify expenses and to support claiming continued state funding.
(A)Fixed and regular costs that continue to be incurred shall be paid normally.
(B)Hourly employees, including those that would not otherwise be paid when a program is not operating, should be paid the anticipated wage during the closure.
(C)If there are any expenses that will not be incurred due to a program closure, they should be identified and excluded from invoicing. If the costs occurred prior to the closure, they should be paid by the contracting department.
(2) While these expenditures may be billed using a regular monthly invoice template, the expenses related to a closure should be able to be isolated and documentation of them available upon request.
(A)A nonprofit entity with a cost reimbursement contract shall invoice for the month, but should be flexible and responsive to departmental requests for additional documentation about expenditures during closure, which may include documentation of specific services that were expected but unable to be delivered, and costs associated with those services.
(B)A nonprofit entity with a fee-for-service contract should invoice for the month by calculating 1/12th of the contracted units of service, and should be prepared to offer documentation of specific services that were expected but unable to be delivered.
(d)Departments that receive notification from a nonprofit entity pursuant to subdivision (b) shall ensure that funding is available to pay for canceled services, closed programs, or reduced service levels.
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Date
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Status
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|---|---|
| Sep 10, 2021 | Ordered to inactive file on request of Senator Glazer. |
| Sep 7, 2021 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 7, 2021 | Read third time. Passed. (Ayes 72. Noes 0. Page 2812.) Ordered to the Senate. |
| Sep 1, 2021 | Read third time and amended. |
| Jul 12, 2021 | From consent calendar on motion of Assembly Member Luz Rivas. |
| Jul 8, 2021 | Read second time. Ordered to consent calendar. |
| Jul 7, 2021 | From committee: Do pass. Ordered to consent calendar. (Ayes 14. Noes 0.) (July 7). |
| Jun 15, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 15). Re-referred to Com. on APPR. |
| Jun 3, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.M. |
| May 13, 2021 | Referred to Com. on E.M. |
| Apr 22, 2021 | In Assembly. Read first time. Held at Desk. |
| Apr 22, 2021 | Read third time. Passed. (Ayes 38. Noes 0. Page 887.) Ordered to the Assembly. |
| Apr 20, 2021 | Read second time. Ordered to consent calendar. |
| Apr 19, 2021 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 6, 2021 | Set for hearing April 19. |
| Mar 25, 2021 | April 5 hearing postponed by committee. |
| Mar 24, 2021 | Set for hearing April 5. |
| Mar 23, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 14. Noes 0. Page 588.) (March 23). Re-referred to Com. on APPR. |
| Mar 16, 2021 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Mar 16, 2021 | Set for hearing March 23. |
| Mar 3, 2021 | Referred to Com. on G.O. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 22, 2021 | From printer. May be acted upon on or after March 24. |
| Feb 19, 2021 | Introduced. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 7, 2021 | SB 784 Glazer Senate Third Reading By Luz Rivas | Assembly Floor |
Passed |
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| Apr 22, 2021 | Consent Calendar SB784 | Senate Floor |
Passed |
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Bill Author
