SB 1246: California Prompt Payment Act: nonprofit organizations.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-04
Current Status:
Failed
(2024-09-28: In Senate. Consideration of Governor's veto pending.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill removes an exception that had exempted some grants under $500,000 from the state's prompt-payment penalties and requires state agencies to pay late-payment penalties on signed final grant agreements, including grants to nonprofit organizations, resource conservation districts, and local agencies or groups that provide victim services. It affects state agencies that award grants and the nonprofit and local recipients who receive those grant payments.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
The California Prompt Payment Act requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract. The act requires, to avoid late payment penalties, a state agency to make payment within 45 days of the receipt of an undisputed invoice, as prescribed. The act provides an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000. The act defines the term grant to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency or restoration activities performed by a resource conservation district.
This bill would delete the definition of the term grant from the act and would delete the $500,000 exception described above. The bill would provide that only specified late payment penalties apply to a signed final agreement for a grant as described in the above-paragraph or a grant by any state agency to a nonprofit organization.
The California Prompt Payment Act requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract. The act requires, to avoid late payment penalties, a state agency to make payment within 45 days of the receipt of an undisputed invoice, as prescribed. The act provides an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000. The act defines the term grant to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency or restoration activities performed by a resource conservation district.
This bill would define delete the definition of the term grant to additionally mean a signed final agreement between any state agency and a nonprofit organization from the act and would delete the $500,000 exception described above. The bill would provide that only specified late payment penalties apply to a signed final agreement for a grant as described in the above-paragraph or a grant by any state agency to a nonprofit organization.
The act authorizes a state agency to dispute for reasonable cause an invoice, refund request, or claim for Medi-Cal reimbursement, as specified.This bill would require, if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.The California Prompt Payment Act requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract. The act requires, to avoid late payment penalties, a state agency to make payment within 45 days of the receipt of an undisputed invoice, as prescribed. The act provides an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000. The act defines the term grant to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency or restoration activities performed by a resource conservation district.
This bill would define the term grant to additionally mean a signed final agreement between any state agency and a nonprofit organization and would delete the $500,000 exception described above.
The act authorizes a state agency to dispute for reasonable cause an invoice, refund request, or claim for Medi-Cal reimbursement, as specified.
This bill would require, if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.
(a)(1)A state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment, shall make payment to the person or business on the date required by the contract and as required by Section 927.4 or be subject to a late payment penalty.
(2)A state agency that awards a grant, as described in this paragraph, shall make payment to the person or business that is the recipient of the grant on the date required by the grant and as required by Section 927.4 or be subject to a late payment penalty. This paragraph and the late payment penalties specified in Section 927.6 apply to a signed final agreement for any of the following types of grants:
(A)A grant by any state agency to a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency.
(B)A grant to a resource conservation district for restoration activities.
(C)A grant by any state agency to a nonprofit organization.
(b)Except in the event of an emergency as provided in Section 927.11, effective January 1, 1999, the late payment penalties specified in this chapter may not be waived, altered, or limited by either of the following:
(1)A state agency acquiring property or services pursuant to a contract or that awards a grant.
(2)Any person or business contracting with a state agency to provide property or services or that is the recipient of a grant.
SEC. 2.Section 927.2 of the Government Code is amended to read:927.2.The following definitions apply to this chapter:
(a)Claim means payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant.
(b)Invoice means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement.
(c)Medi-Cal program means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(d)Nonprofit public benefit corporation means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business.
(e)Nonprofit organization means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(f)Notice of refund or other payment due means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due.
(g)Payment means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice.
(h)Reasonable cause means a determination by a state agency that any of the following conditions are present:
(1)There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant.
(2)There is a discrepancy between the invoice or claimed amount and either the claimants actual delivery of property or services to the state or the states acceptance of those deliveries.
(3)Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant.
(4)The invoice has been improperly executed or needs to be corrected by the claimant.
(5)There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency.
(i)Received by a state agency means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency.
(j)Required payment approval date means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency.
(k)Resource conservation district means a resource conservation district established pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.
(l)Revolving fund means a fund established pursuant to Article 5 (commencing with Section 16400) of Chapter 2 of Part 2 of Division 4 of Title 2.
(m)Small business means a business certified as a small business in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of Californias high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code).
(n)Small business and nonprofit organization mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria:
(1)The principal office is located in California.
(2)The officers, if any, are domiciled in California.
(3)If a small business, it is independently owned and operated.
(4)The business or organization is not dominant in its field of operation.
(5)Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three million dollars ($3,000,000) per year, except that the Director of Health Care Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter.
(o)Department of FISCal means the organization responsible for operating and maintaining the Financial Information System for California integrating statewide accounting, budgeting, cash management, and procurement pursuant to subdivision (b) of Section 11890.
SEC. 3.Section 927.6 of the Government Code is amended to read:927.6.(a)State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The penalty shall cease to accrue on the date the state agency submits the claim to the Controller for payment or pays the claimant directly, and shall be paid for out of the state agencys support appropriation. If the claimant is a resource conservation district, certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the state agency shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency.
(b)For all other businesses, the state agency shall pay a penalty at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by the required payment approval date by paying the claimant directly from the state agencys revolving fund within 45 calendar days following the date upon which an undisputed invoice is received by the state agency.
SEC. 4.Section 927.7 of the Government Code is amended to read:927.7.(a)The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. Penalties shall cease to accrue on the date full payment is made, and shall be paid for out of the Controllers funds. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the Controller shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year, from the 16th calendar day following receipt of the claim from the state agency. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. For all other businesses, the Controller shall pay penalties at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the Controller.
(b)The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice.
SEC. 5.Section 927.9 of the Government Code is amended to read:927.9.(a)Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the Director of General Services with a report on late payment penalties that were paid by the state agency in accordance with this chapter during the preceding fiscal year.
(b)The report required by subdivision (a) shall separately identify the total number and dollar amount of late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds or other payments to individuals. State agencies may, at their own initiative, provide the director with other relevant performance measures. The director shall prepare a report separately listing the number and total dollar amount of all late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds and other payments to individuals by each state agency during the preceding fiscal year, together with other relevant performance measures, and shall make the information available to the public.
(c)The reporting requirements of subdivisions (a) and (b) are not applicable to the Department of Forestry and Fire Protection.
(a)(1)A state agency that acquires property or services pursuant to a contract with a business, including any approved change order or contract amendment, shall make payment to the person or business on the date required by the contract and as required by Section 927.4 or be subject to a late payment penalty.
(2)A state agency that awards a grant, as defined in subdivision (b) of Section 927.2, described in this paragraph, shall make payment to the person or business that is the recipient of the grant on the date required by the grant and as required by Section 927.4 or be subject to a late payment penalty. This paragraph and the late payment penalties specified in Section 927.6 apply to a signed final agreement for any of the following types of grants:
(A)A grant by any state agency to a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency.
(B)A grant to a resource conservation district for restoration activities.
(C)A grant by any state agency to a nonprofit organization.
(b)Except in the event of an emergency as provided in Section 927.11, effective January 1, 1999, the late payment penalties specified in this chapter may not be waived, altered, or limited by either of the following:
(1)A state agency acquiring property or services pursuant to a contract or that awards a grant.
(2)Any person or business contracting with a state agency to provide property or services or that is the recipient of a grant.
SECTION 1.SEC. 2.Section 927.2 of the Government Code is amended to read:927.2.The following definitions apply to this chapter:
(a)Claim means payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant.
(b)(1) (A)Grant means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency, or restoration activities performed by a resource conservation district.(B)Grant also means a signed final agreement between any state agency and a nonprofit organization.(2)A grant defined by this subdivision is a contract and subject to this chapter. (c)(b)Invoice means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement.
(d)(c)Medi-Cal program means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(e)(d)Nonprofit public benefit corporation means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business.
(f)(e)Nonprofit organization means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
(g)(f)Notice of refund or other payment due means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due.
(h)(g)Payment means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice.
(i)(h)Reasonable cause means a determination by a state agency that any of the following conditions are present:
(1)There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant.
(2)There is a discrepancy between the invoice or claimed amount and either the claimants actual delivery of property or services to the state or the states acceptance of those deliveries.
(3)Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant.
(4)The invoice has been improperly executed or needs to be corrected by the claimant.
(5)There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency.
(j)(i)Received by a state agency means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency.
(k)(j)Required payment approval date means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency.
(l)(k)Resource conservation district means a resource conservation district established pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.
(m)(l)Revolving fund means a fund established pursuant to Article 5 (commencing with Section 16400) of Chapter 2 of Part 2 of Division 4 of Title 2.
(n)(m)Small business means a business certified as a small business in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of Californias high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code).
(o)(n)Small business and nonprofit organization mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria:
(1)The principal office is located in California.
(2)The officers, if any, are domiciled in California.
(3)If a small business, it is independently owned and operated.
(4)The business or organization is not dominant in its field of operation.
(5)Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three million dollars ($3,000,000) per year, except that the Director of Health Care Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter.
(p)(o)Department of FISCal means the organization responsible for operating and maintaining the Financial Information System for California integrating statewide accounting, budgeting, cash management, and procurement pursuant to subdivision (b) of Section 11890.
SEC. 2.Section 927.3 of the Government Code is amended to read:927.3.(a)Except if payment is made directly by a state agency pursuant to Section 927.6, an undisputed invoice received by a state agency shall be submitted to the Controller for payment by the required payment approval date. A state agency may dispute an invoice submitted by a claimant for reasonable cause if the state agency notifies the claimant within 15 working days from receipt of the invoice, or delivery of property or services, whichever is later. A state employee shall not dispute an invoice, on the basis of minor or technical defects, in order to circumvent or avoid the general intent or any of the specific provisions of this chapter.(b)Except if payment is made directly by a state agency pursuant to Section 927.13, a notice of refund or other payment due received by a state agency shall be submitted to the Controller within 30 calendar days of the agencys receipt of the notice. A state agency may dispute a refund request for reasonable cause if the state agency notifies the claimant within 15 working days after the state agency receives notice from the individual that the refund is due.(c)If a state agency disputes an invoice received from a nonprofit organization claimant, the state agency shall pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of the following:(1)Two hundred fifty dollars ($250).(2)Five percent of the total amount of the invoice.SEC. 3.Section 927.6 of the Government Code is amended to read:927.6.(a)State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The penalty shall cease to accrue on the date the state agency submits the claim to the Controller for payment or pays the claimant directly, and shall be paid for out of the state agencys support appropriation. If the claimant is a resource conservation district, certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the state agency shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency.
(b)For all other businesses, the state agency shall pay a penalty at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by the required payment approval date by paying the claimant directly from the state agencys revolving fund within 45 calendar days following the date upon which an undisputed invoice is received by the state agency.
SEC. 4.Section 927.7 of the Government Code is amended to read:927.7.(a)The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. Penalties shall cease to accrue on the date full payment is made, and shall be paid for out of the Controllers funds. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the Controller shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year, from the 16th calendar day following receipt of the claim from the state agency. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. For all other businesses, the Controller shall pay penalties at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the Controller.
(b)The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice.
SEC. 5.Section 927.9 of the Government Code is amended to read:927.9.(a)Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the Director of General Services with a report on late payment penalties that were paid by the state agency in accordance with this chapter during the preceding fiscal year.
(b)The report required by subdivision (a) shall separately identify the total number and dollar amount of late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds or other payments to individuals. State agencies may, at their own initiative, provide the director with other relevant performance measures. The director shall prepare a report separately listing the number and total dollar amount of all late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds and other payments to individuals by each state agency during the preceding fiscal year, together with other relevant performance measures, and shall make the information available to the public.
(c)The reporting requirements of subdivisions (a) and (b) are not applicable to the Department of Forestry and Fire Protection.
The following definitions apply to this chapter:
(a) Claim means payment requests prepared and submitted by a state agency to the Controller for payment to the named claimant.
(b)(1) (A)Grant means a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency, or restoration activities performed by a resource conservation district.
(B)Grant also means a signed final agreement between any state agency and a nonprofit organization.
(2)A grant defined by this subdivision is a contract and subject to this chapter.
(c)Invoice means a bill or claim that requests payment on a contract under which a state agency acquires property or services or pursuant to a signed final grant agreement.
(d)Medi-Cal program means the program established pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code.
(e)Nonprofit public benefit corporation means a corporation, as defined by subdivision (b) of Section 5046 of the Corporations Code, that has registered with the Department of General Services as a small business.
(f)Nonprofit service organization means a nonprofit entity an organization that is organized to provide services to qualifies as an exempt organization under Section 501(c)(3) of the public. Internal Revenue Code.
(g)Notice of refund or other payment due means a state agency provides notice to the person that a refund or payment is owed to that person or the state agency receives notice from the person that a refund or undisputed payment is due.
(h)Payment means any form of the act of paying, including, but not limited to, the issuance of a warrant or a registered warrant by the Controller, or the issuance of a revolving fund check by a state agency, to a claimant in the amount of an undisputed invoice.
(i)Reasonable cause means a determination by a state agency that any of the following conditions are present:
(1)There is a discrepancy between the invoice or claimed amount and the provisions of the contract or grant.
(2)There is a discrepancy between the invoice or claimed amount and either the claimants actual delivery of property or services to the state or the states acceptance of those deliveries.
(3)Additional evidence supporting the validity of the invoice or claimed amount is required to be provided to the state agency by the claimant.
(4)The invoice has been improperly executed or needs to be corrected by the claimant.
(5)There is a discrepancy between the refund or other payment due as calculated by the person to whom the money is owed and by the state agency.
(j)Received by a state agency means the date an invoice is delivered to the state location or party specified in the contract or grant or, if a state location or party is not specified in the contract or grant, wherever otherwise specified by the state agency.
(k)Required payment approval date means the date on which payment is due as specified in a contract or grant or, if a specific date is not established by the contract or grant, 30 calendar days following the date upon which an undisputed invoice is received by a state agency.
(l)Resource conservation district means a resource conservation district established pursuant to Division 9 (commencing with Section 9001) of the Public Resources Code.
(m)Revolving fund means a fund established pursuant to Article 5 (commencing with Section 16400) of Chapter 2 of Part 2 of Division 4 of Title 2.
(n)Small business means a business certified as a small business in accordance with subdivision (d) of Section 14837, including certified small businesses engaged in the development, design, and construction of Californias high-speed rail system pursuant to the California High-Speed Rail Act (Division 19.5 (commencing with Section 185000) of the Public Utilities Code).
(o)Small business and nonprofit organization mean, in reference to providers under the Medi-Cal program, a business or organization that meets all of the following criteria:
(1)The principal office is located in California.
(2)The officers, if any, are domiciled in California.
(3)If a small business, it is independently owned and operated.
(4)The business or organization is not dominant in its field of operation.
(5)Together with any affiliates, the business or organization has gross receipts from business operations that do not exceed three million dollars ($3,000,000) per year, except that the Director of Health Services may increase this amount if the director deems that this action would be in furtherance of the intent of this chapter.
(p)Department of FISCal means the organization responsible for operating and maintaining the Financial Information System for California integrating statewide accounting, budgeting, cash management, and procurement pursuant to subdivision (b) of Section 11890.
SEC. 2.Section 927.3 of the Government Code is amended to read:927.3.(a)Except where if payment is made directly by a state agency pursuant to Section 927.6, an undisputed invoice received by a state agency shall be submitted to the Controller for payment by the required payment approval date. A state agency may dispute an invoice submitted by a claimant for reasonable cause if the state agency notifies the claimant within 15 working days from receipt of the invoice, or delivery of property or services, whichever is later. No A state employee shall not dispute an invoice, on the basis of minor or technical defects, in order to circumvent or avoid the general intent or any of the specific provisions of this chapter.
(b)Except where if payment is made directly by a state agency pursuant to Section 927.13, a notice of refund or other payment due received by a state agency shall be submitted to the Controller within 30 calendar days of the agencys receipt of the notice. A state agency may dispute a refund request for reasonable cause if the state agency notifies the claimant within 15 working days after the state agency receives notice from the individual that the refund is due.
(c)If a state agency disputes an invoice received from a nonprofit organization claimant, the state agency shall pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of the following:
(1)Two hundred fifty dollars ($250).
(2)Five percent of the total amount of the invoice.
SEC. 3.Section 927.6 of the Government Code is amended to read:927.6.(a)State agencies shall pay applicable penalties, without requiring that the claimant submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. The penalty shall cease to accrue on the date the state agency submits the claim to the Controller for payment or pays the claimant directly, and shall be paid for out of the state agencys support appropriation. If the claimant is a resource conservation district, certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the state agency shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency.
(b)For all other businesses, the state agency shall pay a penalty at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by the required payment approval date by paying the claimant directly from the state agencys revolving fund within 45 calendar days following the date upon which an undisputed invoice is received by the state agency.
SEC. 4.Section 927.7 of the Government Code is amended to read:927.7.(a)The Controller shall pay claimants within 15 calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. Penalties shall cease to accrue on the date full payment is made, and shall be paid for out of the Controllers funds. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit public benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the Controller shall pay to the claimant a penalty at a rate of 10 percent above the United States Prime Rate on June 30 of the prior fiscal year, from the 16th calendar day following receipt of the claim from the state agency. However, a nonprofit organization shall only be eligible to receive a penalty payment if it has been awarded a contract or grant in an amount less than five hundred thousand dollars ($500,000). If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. For all other businesses, the Controller shall pay penalties at a rate of 1 percent above the Pooled Money Investment Account daily rate on June 30 of the prior fiscal year, not to exceed a rate of 15 percent. If the amount of the penalty is one hundred dollars ($100) or less, the penalty shall be waived and not paid by the Controller.
(b)The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within 15 calendar days and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice.
SEC. 5.Section 927.9 of the Government Code is amended to read:927.9.(a)Except as provided in subdivision (c), on an annual basis, within 90 calendar days following the end of each fiscal year, state agencies shall provide the Director of General Services with a report on late payment penalties that were paid by the state agency in accordance with this chapter during the preceding fiscal year.
(b)The report required by subdivision (a) shall separately identify the total number and dollar amount of late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds or other payments to individuals. State agencies may, at their own initiative, provide the director with other relevant performance measures. The director shall prepare a report separately listing the number and total dollar amount of all late payment penalties paid to small businesses, other businesses, nonprofit organizations, and refunds and other payments to individuals by each state agency during the preceding fiscal year, together with other relevant performance measures, and shall make the information available to the public.
(c)The reporting requirements of subdivisions (a) and (b) are not applicable to the Department of Forestry and Fire Protection.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 28, 2024 | In Senate. Consideration of Governor's veto pending. |
| Sep 28, 2024 | Vetoed by the Governor. |
| Sep 10, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2024 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5749.) Ordered to engrossing and enrolling. |
| Aug 29, 2024 | Ordered to special consent calendar. |
| Aug 28, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 28, 2024 | Read third time. Passed. (Ayes 76. Noes 0. Page 6699.) Ordered to the Senate. |
| Aug 23, 2024 | Read third time and amended. |
| Aug 23, 2024 | Ordered to third reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 14. Noes 0.) (August 15). |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jun 20, 2024 | Coauthors revised. |
| Jun 20, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 19. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 3, 2024 | Referred to Com. on G.O. |
| May 24, 2024 | In Assembly. Read first time. Held at Desk. |
| May 23, 2024 | Read third time. Passed. (Ayes 37. Noes 0. Page 4181.) Ordered to the Assembly. |
| May 20, 2024 | Ordered to special consent calendar. |
| May 16, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 7. Noes 0. Page 3977.) (May 16). |
| May 10, 2024 | Set for hearing May 16. |
| Apr 22, 2024 | April 22 hearing: Placed on APPR suspense file. |
| Apr 12, 2024 | Set for hearing April 22. |
| Apr 9, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 14. Noes 0. Page 3529.) (April 9). Re-referred to Com. on APPR. |
| Mar 28, 2024 | Set for hearing April 9. |
| Feb 29, 2024 | Referred to Com. on G.O. |
| Feb 16, 2024 | From printer. May be acted upon on or after March 17. |
| Feb 15, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2024 | Special Consent SB1246 Limón et al. | Senate Floor |
Passed |
|
| Aug 28, 2024 | SB 1246 Limón Senate Third Reading By Reyes | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Governmental Organization |
Passed |
|
| May 23, 2024 | Special Consent SB1246 Limón | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 9, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 5 Stones Open Door | ** Support | |
| 805UndocuFund | ** Support | |
| A Broader Living Experience Dba Able | ** Support | |
| Abrazar, Inc. | ** Support | |
| Access Impact | ** Support | |
| Active San Gabriel Valley | ** Support | |
| Acts Senior Assistance | ** Support | |
| Afghan Culture and Art | ** Support | |
| African American Network of Kern County | ** Support | |
| Agape Community Christian Church | ** Support | |
| Akoma Unity Center | ** Support | |
| Alan Hu Foundation | ** Support | |
| Alchemist CDC | ** Support | |
| All for Kids | ** Support | |
| Almaden Valley Counseling Service | ** Support | |
| Alpine Outdoor Recreation Association | ** Support | |
| Amanda's Adaptive Martial Arts | ** Support | |
| American Academy of Pediatrics - Orange County Chapter | ** Support | |
| American Patriot Music Project | ** Support | |
| Anchored Life Recovery Services LLC | ** Support | |
| API Equality-LA | ** Support | |
| APRIL Parker Foundation | ** Support | |
| Aresis Ensemble | ** Support | |
| Arts Orange County | ** Support | |
| Asian Pacific American Community Center | ** Support | |
| Asociacion Cultural Los Angeles | ** Support | |
| Asociacion De Emprendedor@s | ** Support | |
| ASPIRANET | ** Support | |
| Association For Environmental And Outdoor Education | ** Support | |
| Association of California Symphony Orchestras | ** Support | |
| Axis Advocacy | ** Support | |
| Banj Health Center | ** Support | |
| Barrio Station | ** Support | |
| Bike East Bay | ** Support | |
| Boo2bullying | ** Support | |
| Boys & Girls Club of Laguna Beach | ** Support | |
| Boys & Girls Clubs of Fresno County | ** Support | |
| Boys and Girls Club of Merced | ** Support | |
| Breathe Southern Califoria | ** Support | |
| Brighter Funding | ** Support | |
| Brothers on The Rise | ** Support | |
| Bruised But Not Broken Family Resource Center | ** Support | |
| Building Resilient Communities | ** Support | |
| Butte Environmental Council | ** Support | |
| C.d. Jackson and Associates | ** Support | |
| CA Arts Advocates | ** Support | |
| Calaveras Healthy Impact Product Solutions | ** Support | |
| Calcapa | ** Support | |
| California Association Of Nonprofits | ** Support | |
| California Bicycle Coalition | ** Support | |
| California Black Health Network | ** Support | |
| California Coalition for Community Investment | ** Support | |
| California Coalition For Rural Housing | ** Support | |
| California community builders | ** Support | |
| California Community Economic Development Association | ** Support | |
| California Community Living Network | ** Support | |
| California Council Of Community Behavioral Health Agencies | ** Support | |
| California Family Resource Association | ** Support | |
| California Health Collaborative | ** Support | |
| California Partnership To End Domestic Violence | ** Support | |
| California Releaf | ** Support | |
| CALM | ** Support | |
| CalNonprofits | ** Support | |
| Cameo - California Association for Micro Enterprise Opportunity | ** Support | |
| CAMEO Network | ** Support | |
| Carpinteria Children's Project | ** Support | |
| Catholic Big Brothers Big Sisters of Los Angeles County | ** Support | |
| Catholic Charities of Santa Clara County | ** Support | |
| Center for Accessible Technology | ** Support | |
| Center for Leadership, Equity, and Research | ** Support | |
| Center for Living and Learning | ** Support | |
| Center for Nonprofit Management | ** Support | |
| Center for Urban Excellence | ** Support | |
| Chance Theater | ** Support | |
| Chicostart | ** Support | |
| Child Abuse Prevention Center | ** Support | |
| Child Parent Institute | ** Support | |
| Children's Fund | ** Support | |
| Children's Health Initiative for Medication Education | ** Support | |
| ChildrenS Institute | ** Support | |
| Chrysalis | ** Support | |
| City Serve of The Tri Valley | ** Support | |
| Clarke Historical Museum | ** Support | |
| Cncda Foundation | ** Support | |
| Coastal Nonprofit Consulting | ** Support | |
| Collective of Thinkers INC. | ** Support | |
| Community Alliance With Family Farmers | ** Support | |
| Community Bridges | ** Support | |
| Community Build, Inc. | ** Support | |
| Community Homeless Solutions | ** Support | |
| Community Investment Strategies | ** Support | |
| Community Leaders Coalition | ** Support | |
| Community Legal Services in East Palo Alto | ** Support | |
| Community Nature Connection | ** Support | |
| Community Now | ** Support | |
| Community Resource Project | ** Support | |
| Community Water Center | ** Support | |
| Compasspoint | ** Support | |
| Counseling Options and Parent Education Support Center, INC. | ** Support | |
| Crenshaw Health Partners INC | ** Support | |
| Crossword Church | ** Support | |
| Crystal Clear Biz Ops | ** Support | |
| Culture Scholar Corporation | ** Support | |
| Davis Media Access | ** Support | |
| Desert Sanctuary Inc. | ** Support | |
| Diamond Collective | ** Support | |
| Divine Truth Unity Fellowship Church Dba Rainbow Pride Youth Alliance | ** Support | |
| Dolores Huerta Foundation | ** Support | |
| Donna Sternberg & Dancers | ** Support | |
| Doves of Big Bear Valley, INC. | ** Support | |
| Dovetail Learning | ** Support | |
| Down Syndrome Connection of the Bay Area | ** Support | |
| Duc Learning Center | ** Support | |
| Earth Discovery Institute | ** Support | |
| East Bay Sanctuary Covenant | ** Support | |
| East Contra Costa Community Alliance | ** Support | |
| Eastmont Community Center | ** Support | |
| Ebony Repertory Theatre | ** Support | |
| Education Francaise Bay Area | ** Support | |
| El Concilio of Stockton | ** Support | |
| El Nido Family Centers | ** Support | |
| El Sol Neighborhood Educational Center | ** Support | |
| Elderhelp of San Diego | ** Support | |
| Elkhorn Slough Foundation | ** Support | |
| Episcopal Community Services | ** Support | |
| Equality California | ** Support | |
| Exceptional Parents Unlimited | ** Support | |
| Exploring New Horizons Outdoor Schools | ** Support | |
| Eyeshine | ** Support | |
| Families Achieving Success | ** Support | |
| Families in Transition of Santa Cruz County, INC. | ** Support | |
| Family Bridges, INC | ** Support | |
| Family Service Association | ** Support | |
| Family Violence Appellate Project | ** Support | |
| Family Works | ** Support | |
| Fasd Network Of Southern California | ** Support | |
| Federacion Clubes Michocanos Orange County | ** Support | |
| Filipino American Service Group, INC. | ** Support | |
| First Presbyterian Church of Hayward | ** Support | |
| Food Finders, INC. | ** Support | |
| Foodcycle | ** Support | |
| Foundation for Filipina Women's Network | ** Support | |
| fresno building healthy communities | ** Support | |
| Fresno State Humanities | ** Support | |
| Friends of Harbors, Beaches and Parks | ** Support | |
| Friends of International Friendship Park, INC. | ** Support | |
| Friends Outside | ** Support | |
| Gateway Center of Monterey County | ** Support | |
| Ghost Pine Native Plant Nursery | ** Support | |
| Giving 365 | ** Support | |
| Global Refugee Awareness Healing Center | ** Support | |
| Grand Vision Foundation | ** Support | |
| Grantland L Johnson Institute of Leadership Development | ** Support | |
| Grateful Heart Consulting | ** Support | |
| Green Energy Solutions Holdings LLC | ** Support | |
| Greenhouse Family Services | ** Support | |
| Handson Central California | ** Support | |
| Harc, INC. | ** Support | |
| Healthforce Partners Northern San Joaquin Valley | ** Support | |
| HealthRight 360 | ** Support | |
| Healthy Kids Happy Faces | ** Support | |
| Heart of Compassion Distribution | ** Support | |
| Heartbeat of Champions Foundation | ** Support | |
| Help Is Hope Foundation | ** Support | |
| Hidden Truths Project | ** Support | |
| Hillsides | ** Support | |
| His Daughters House | ** Support | |
| House of Ruth, INC. | ** Support | |
| Huckleberry Youth Programs | ** Support | |
| Iact | ** Support | |
| Idyllwild Forest Health Project | ** Support | |
| Inland Empire Community Collaborative | ** Support | |
| Inland Empire Latino Lawyers Association | ** Support | |
| Inland Southern California United Way | ** Support | |
| Innavision Preparation Foundation | ** Support | |
| Inner City Bliss | ** Support | |
| Interface Children and Family Services | ** Support | |
| Interfaith Housing, INC. | ** Support | |
| International Trade Education Programs, INC Dba Exp | ** Support | |
| Iron Sharpens Iron Nonprofit Organization | ** Support | |
| Isaac Innovative Space for Asian American Christianity | ** Support | |
| Ives Torres Foundation | ** Support | |
| Jewish Family Service LA | ** Support | |
| Joslyn Center for Seniors | ** Support | |
| Junior Achievement of Northern California | ** Support | |
| Kalaya's Destiny | ** Support | |
| Kamali'i Foster Family Agency, INC. | ** Support | |
| Keep Coyote Creek Beautiful | ** Support | |
| Kitka, INC. | ** Support | |
| Korean American Federation Of Los Angeles | ** Support | |
| Korean American Special Education Center | ** Support | |
| Koreatown Youth + Community Center | ** Support | |
| Koreatown Youth and Community Center | ** Support | |
| LA Red Network of Family Child Care Providers | ** Support | |
| Lake Family Resource Center | ** Support | |
| Lake Links, INC | ** Support | |
| Lakeside Historical Society | ** Support | |
| Latino Outdoors | ** Support | |
| Lavendercomputing | ** Support | |
| Lazarex Cancer Foundation | ** Support | |
| League Of California Community Foundations | ** Support | |
| LEAP | ** Support | |
| Learning Rights Law Center | ** Support | |
| Learningtech.org | ** Support | |
| Legacy La | ** Support | |
| Let Spirit Lead, INC. | ** Support | |
| Lift Love Family Services | ** Support | |
| Linda Civitello Consulting | ** Support | |
| Little Brothers-friends of The Elderly- Bay Area | ** Support | |
| Little Manila Rising | ** Support | |
| Local Clean Energy Alliance | ** Support | |
| Los Angeles Area Chamber Of Commerce | ** Support | |
| Los Angeles Inner City Culturalcenter | ** Support | |
| Los Angeles Metropolitan Churches | ** Support | |
| Los Angeles Neighborhood Initiative | ** Support | |
| Lotus Medical Career College | ** Support | |
| Mack Sacred Trust | ** Support | |
| Madera Coalition for Community Justice | ** Support | |
| Making Hope Happen Foundation | ** Support | |
| Mandate Project Impact, INC. | ** Support | |
| Mariachi Scholarship Foundation | ** Support | |
| Marin City Community Development Corporation | ** Support | |
| Maternal and Child Health Access | ** Support | |
| Mckinleyville Family Resource Center | ** Support | |
| Meadowview Urban Tree Project | ** Support | |
| Meals on Wheels - Santa Maria Valley | ** Support | |
| Meals On Wheels California | ** Support | |
| Meals on Wheels California, INC. | ** Support | |
| Meals That Connect | ** Support | |
| Media Alliance | ** Support | |
| Mend-Meet Each Need With Dignity | ** Support | |
| Michelle's Place | ** Support | |
| Michelle’s Place Cancer Resource Center | ** Support | |
| MicroEnterprise Collaborative of Inland Southern California | ** Support | |
| Mission Hope | ** Support | |
| Mountain Homeless Coalition | ** Support | |
| Nami Tri-valley | ** Support | |
| National Alliance on Student Loan Debt | ** Support | |
| National Harm Reduction Coalition | ** Support | |
| National High School Career Day Network | ** Support | |
| National Latina Business Women Association-ie Institute | ** Support | |
| National Small Business Advocacy Council | ** Support | |
| National Treasure Mustang Rescue and Sanctuary | ** Support | |
| Nature For All | ** Support | |
| Nehemiah Charitable Fund | ** Support | |
| Nevada City Broadcast Group | ** Support | |
| Nextgen Dreambuilders | ** Support | |
| No Drugs America Association, INC | ** Support | |
| Nonprofit Connection Santa Cruz County | ** Support | |
| Nonprofit Finance Fund | ** Support | |
| Nonprofit Growth Advisors | ** Support | |
| Northern California Regional Land Trust | ** Support | |
| Northern Santa Barbara County United Way | ** Support | |
| Ontrack Program Resources, INC. | ** Support | |
| Open Medicine Foundation | ** Support | |
| Our Community Works | ** Support | |
| Our Hands of Love Corporation | ** Support | |
| Oxnard Performing Arts Center Corporation | ** Support | |
| Pacific Asian Counseling Services | ** Support | |
| Pacific Coast Fish, Wildlife and Wetlands Restoration Association | ** Support | |
| Paddle for Peace | ** Support | |
| Parentz Work | ** Support | |
| Parkview Legacy Foundation | ** Support | |
| Partners for Change | ** Support | |
| Pasadena Village | ** Support | |
| Pastor Mace INC. | ** Support | |
| Path | ** Support | |
| PathPoint | ** Support | |
| Pathway Family Services, INC. | ** Support | |
| Pcri | ** Support | |
| Peninsula Family Service | ** Support | |
| Peruvian Community Oc | ** Support | |
| Philanthropy California | ** Support | |
| Playful People Productions | ** Support | |
| Playzeum Yuba Sutter | ** Support | |
| Pleasantview Industries | ** Support | |
| pogo park | ** Support | |
| Power House United INC | ** Support | |
| Praxis Health Empowerment | ** Support | |
| Primary Care At Home, INC. | ** Support | |
| Pro Youth and Families | ** Support | |
| Program for Torture Victims | ** Support | |
| Public Counsel | ** Support | |
| Public Works Improvisational Theatre Fndn., INC | ** Support | |
| Raizes Collective | ** Support | |
| Ralls Consulting Services | ** Support | |
| Rccg-jesus House Silicon Valley | ** Support | |
| REDF | ** Support | |
| Redwood Community Action Agency | ** Support | |
| Refugee Jumpstart Coaching | ** Support | |
| Repeat Reuse | ** Support | |
| Rescape California | ** Support | |
| Riverside Medical Clinic Charitable Foundation | ** Support | |
| Rose Bowl Aquatics Center | ** Support | |
| Rural Communities Resource Center | ** Support | |
| Rural Community Assistance Corporation | ** Support | |
| Ryse Center | ** Support | |
| Sacramento Splash | ** Support | |
| Safer West County | ** Support | |
| Sailing Sorcery - Project Nxt | ** Support | |
| Salvadoran American Leadership and Educational Fund | ** Support | |
| San Bernardino Fatherhood | ** Support | |
| San Francisco Public Health Foundation | ** Support | |
| Sanchez Art Center | ** Support | |
| Santa Barbara Botanic Garden | ** Support | |
| Santa Barbara Foundation | ** Support | |
| Santa Barbara Student Housing Cooperative | ** Support | |
| Santa Cruz Volunteer Center | ** Support | |
| Save Our Shores | ** Support | |
| Say San Diego (social Advocates for Youth | ** Support | |
| Self-Help Enterprises | ** Support | |
| Senior Coastsiders | ** Support | |
| Senior Services Coalition of Alameda County | ** Support | |
| Seniors Council of Santa Cruz & San Benito Counties | ** Support | |
| Sensory Integration Education and Research Foundationn | ** Support | |
| Sequoia Consulting Associates, LLC | ** Support | |
| Sequoia Riverlands Trust | ** Support | |
| Service Center for Independent Life | ** Support | |
| Sewa-aifw | ** Support | |
| Sf Score | ** Support | |
| Shadow Husky Rescue, Inc. | ** Support | |
| Shining Star Consulting | ** Support | |
| Sierra Nevada Alliance | ** Support | |
| Sierra Service Project | ** Support | |
| Silicon Valley Council of Nonprofits | ** Support | |
| Simbi Community Development | ** Support | |
| Siskiyou Land Trust | ** Support | |
| Sisters of St. Joseph Healthcare Foundation | ** Support | |
| Slo Village | ** Support | |
| Smile Unto Him | ** Support | |
| So Say We All | ** Support | |
| Socal Grantmakers | ** Support | |
| Social I Collective | ** Support | |
| Somali Bantu Association of America | ** Support | |
| South Central Prevention Coalition | ** Support | |
| South Coast Sustainable | ** Support | |
| Spirit House Center for Attitudinal Healing | ** Support | |
| St John Boys Home, INC | ** Support | |
| St. Anthony High School | ** Support | |
| Stand! For Families Free of Violence | ** Support | |
| Streams in the Desert Foundation, Inc. | ** Support | |
| Susan Hayes, Nonprofit & Communications Consulting | ** Support | |
| Sustainable Claremont | ** Support | |
| Sycamores | ** Support | |
| Taulama For Tongans | ** Support | |
| Tdtd Foundation | ** Support | |
| The Animation Guild Foundation | ** Support | |
| The Arc of Butte County | ** Support | |
| The C.u.p. of Empowerment Coalition | ** Support | |
| The Center in Hollywood | ** Support | |
| The Child Abuse Prevention Center | ** Support | |
| The Child Abuse Prevention Center And Its Affiliates Safe Kids California Prevent Child Abuse California And The California Family Resource Association | ** Support | |
| The Forestry and Fire Recruitment Program | ** Support | |
| The Francisco Homes | ** Support | |
| The Grantsmanship Center | ** Support | |
| The Greenlining Institute | ** Support | |
| The Heart of Ida | ** Support | |
| The Helping Hand Worldwide | ** Support | |
| The Mom & Dad Project | ** Support | |
| The New Beginning Fellowship Center | ** Support | |
| The New Libya | ** Support | |
| The Nonprofit Partnership | ** Support | |
| The South Coast Chorale | ** Support | |
| The Unusual Suspects Theatre Company | ** Support | |
| The Village Project, Inc. | ** Support | |
| The Wise Woman Ways | ** Support | |
| The Zelma Foundation for Women's Mental Wellness | ** Support | |
| Three Little Birds Agency | ** Support | |
| Thrive Meshack-edison Rehabilitation Services | ** Support | |
| Tomales Town Hall | ** Support | |
| Trans Can Work | ** Support | |
| Tree Foundation of Kern | ** Support | |
| Treepeople | ** Support | |
| Tri Valley Haven | ** Support | |
| Tri-Valley Air Quality Climate Alliance | ** Support | |
| Tri-valley Nonprofit Alliance | ** Support | |
| Trinity Foster Family Services of The Bay Area | ** Support | |
| Trippinz Care INC | ** Support | |
| Trout Unlimited | ** Support | |
| Tuleyome | ** Support | |
| Tuolumne River Trust | ** Support | |
| TURN-The Utility Reform Network | ** Support | |
| U 2 US Health, INC. | ** Support | |
| Ultimate Restoration Unlimited, INC. | ** Support | |
| Ultimate Restoration Unlimited, Uru INC. | ** Support | |
| United Latino Voices of Contra Costa County | ** Support | |
| United Ways Of California | ** Support | |
| Vaad of Northern California | ** Support | |
| Valley Intercommunity Council | ** Support | |
| Valley Restart Shelter | ** Support | |
| Ventura Land Trust | ** Support | |
| Vic-valley Intercommunity Council | ** Support | |
| Village Community Resource Center | ** Support | |
| Village of Sonoma Valley | ** Support | |
| Vista Center for The Blind and Visually Impaired | ** Support | |
| Vital Arts | ** Support | |
| Walden Family Services | ** Support | |
| walnut avenue family & women's center | ** Support | |
| Walter Munk Foundation for The Oceans | ** Support | |
| We Are One United | ** Support | |
| We are Up | ** Support | |
| We Save the World | ** Support | |
| Welcoming Interim Shared Housing | ** Support | |
| West Valley Community Services | ** Support | |
| Westside Food Bank | ** Support | |
| Wild Sage Horse Rescue | ** Support | |
| Wings of Wisdom | ** Support | |
| With Open Arms INC. | ** Support | |
| Without Permission, INC. | ** Support | |
| Women's Economic Ventures | ** Support | |
| Women's Empowerment | ** Support | |
| World Be Well Organization | ** Support | |
| Yerba Buena Gardens Festival | ** Support | |
| You are More | ** Support | |
| Youth Transportation Organization | ** Support | |
| Yreka Community Farmers Market | ** Support | |
| Yuba Sutter Arts & Culture | ** Support | |
| Zen Caregiving Project | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1246 |
VETO
Bill No: SB 1246
Author: Limón (D), et al.
Enrolled: 9/4/24
Vote: 27
SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Rubio, Seyarto, Smallwood-Cuevas
NO VOTE RECORDED: Ashby, Roth
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 37-0, 5/23/24
AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Archuleta, Newman
SENATE FLOOR: 40-0, 8/30/24
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASSEMBLY FLOOR: 76-0, 8/28/24 - See last page for vote
SUBJECT: California Prompt Payment Act: nonprofit organizations
SOURCE: Author
DIGEST:
This bill deletes, for the purposes of the California Prompt Payment Act (PPA), the definition of the term “grant” from the PPA and deletes the $500,000 exception in existing law and provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
ANALYSIS:
Existing law:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
- Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the Department of General Services (DGS) with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
This bill:
- Specifies that the PPA and the associated late payment penalties apply to a signed final agreement for any of the following types of grants:
- A grant by any state agency to a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency.
- A grant to a resource conservation district for restoration activities.
- A grant by any state agency to a nonprofit organization.
- Deletes the term and definition of “grant” in the PPA.
- Specifies that for the purposes of the PPA, “nonprofit organization” means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
- Deletes from the PPA the $500,000 exception from penalty provisions if the grant is awarded to a nonprofit organization, as specified.
Background
Author Statement. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. Late payments may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill deletes the definition of the term “grant” from the PPA and deletes the $500,000 exception in the act. Additionally, this bill provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
It’s Déjà Vu All Over Again. This bill is substantially similar to SB 557 (Limon, 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
That bill unanimously passed both houses of the legislature, however Governor Newsom vetoed this bill, writing:
This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract. Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.
Notably, SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This bill does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. Rather, this bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Related/Prior Legislation
SB 336 (Umberg, 2023) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Vetoed by Governor Newsom)
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, costs of approximately $170,000 each year for two years to DGS for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund [GF] or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment to those contracts and grants.
SUPPORT: (Verified 9/30/24)
5 Stones Open Door
805UndocuFund
A Broader Living Experience Dba Able
Abrazar, INC.
Access Impact
Active San Gabriel Valley
Acts Senior Assistance
Afghan Culture and Art
African American Network of Kern County
Agape Community Christian Church
Akoma Unity Center
Alan Hu Foundation
Alchemist CDC
All for Kids
Almaden Valley Counseling Service
Alpine Outdoor Recreation Association
Amanda's Adaptive Martial Arts
American Academy of Pediatrics - Orange County Chapter
American Patriot Music Project
Anchored Life Recovery Services LLC
API Equality-LA
APRIL Parker Foundation
Aresis Ensemble (city Garage)
Arts Orange County
Asian Pacific American Community Center
Asociacion Cultural Los Angeles
Asociacion De Emprendedor@s
Aspiranet
Association for Environmental and Outdoor Education
Association of California Symphony Orchestras
Axis Advocacy
BANJ Health Center
Barrio Station
Bike East Bay
Boo2bullying
Boys & Girls Club of Laguna Beach
Boys & Girls Clubs of Fresno County
Boys and Girls Club of Merced
Breathe Southern California
Brighter Funding
Brothers on The Rise
Bruised But Not Broken Family Resource Center
Building Resilient Communities
Butte Environmental Council
C.d. Jackson and Associates
CA Arts Advocates
Calaveras Healthy Impact Product Solutions
CalCAPA
California Association of Nonprofits
California Bicycle Coalition
California Black Health Network
California Coalition for Community Investment
California Coalition for Community Investment
California Coalition for Rural Housing
California Community Builders
California Community Economic Development Association
California Community Living Network
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Health Collaborative
California Partnership to End Domestic Violence
California ReLeaf
Calm
CalNonprofits
Cameo - California Association for Micro Enterprise Opportunity
Cameo Network
Carpinteria Children's Project
Catholic Big Brothers Big Sisters of Los Angeles County
Catholic Charities of Santa Clara County
Center for Accessible Technology
Center for Leadership, Equity, and Research
Center for Living and Learning
Center for Nonprofit Management
Center for Urban Excellence
Chance Theater
ChicoSTART
Child Abuse Prevention Center
Child Abuse Prevention Center and Its Affiliates Safe Kids California, Prevent Child Abuse California and The California Family Resource Association; the
Child Parent Institute
Children's Fund
Children's Health Initiative for Medication Education
Children's Institute
Chrysalis
City Serve of The Tri Valley
Clarke Historical Museum
CNCDA Foundation
Coastal
Coastal Nonprofit Consulting
Collective of Thinkers INC.
Community Water Center
Community Alliance With Family Farmers
Community Bridges
Community Build, INC.
Community Homeless Solutions
Community Investment Strategies
Community Leaders Coalition
Community Legal Services in East Palo Alto
Community Nature Connection
Community Now
Community Resource Project
Community Water Center
CompassPoint
Counseling Options and Parent Education Support Center, INC.
Crenshaw Health Partners INC
Crossword Church
Crystal Clear Biz Ops
Culture Scholar Corporation
Davis Media Access
Desert Sanctuary INC.
Diamond Collective
Divine Truth Unity Fellowship Church Dba Rainbow Pride Youth Alliance
Dolores Huerta Foundation
Donna Sternberg & Dancers
Doves of Big Bear Valley, INC.
Dovetail Learning
Down Syndrome Connection of The Bay Area
DUC Learning Center
Earth Discovery Institute
East Bay Sanctuary Covenant
East Contra Costa Community Alliance
Eastmont Community Center
Ebony Repertory Theatre
Education Francaise Bay Area
El Concilio of Stockton
El Nido Family Centers
El Sol Neighborhood Educational Center
ElderHelp of San Diego
Elkhorn Slough Foundation
Episcopal Community Services
Equality California
Exceptional Parents Unlimited
Exploring New Horizons Outdoor Schools
Eyeshine
Families Achieving Success
Families in Transition of Santa Cruz County, INC.
Family Bridges, INC
Family Service Association
Family Violence Appellate Project
Family Works
FASD Network of Southern California
Federacion Clubes Michocanos Orange County
Filipino American Service Group, INC.
First Presbyterian Church of Hayward
Food Finders, INC.
FoodCycle
Foundation for Filipina Women's Network
Fresno Building Healthy Communities
Fresno State Humanities
Friends of Harbors, Beaches and Parks
Friends of International Friendship Park, INC.
Friends Outside
Gateway Center of Monterey County
Ghost Pine Native Plant Nursery
Giving 365
Global Refugee Awareness Healing Center
Grand Vision Foundation
Grantland L Johnson Institute of Leadership Development
Grateful Heart Consulting
Green Energy Solutions Holdings LLC
Greenhouse Family Services
Handson Central California
HARC, INC.
HealthForce Partners Northern San Joaquin Valley
HealthRight 360
Healthy Kids Happy Faces
Heart of Compassion Distribution
Heartbeat of Champions Foundation
Help Is Hope Foundation
Hidden Truths Project
Hillsides
His Daughters House
House of Ruth, INC.
Huckleberry Youth Programs
iACT
Idyllwild Forest Health Project
Inland Empire Community Collaborative
Inland Empire Latino Lawyers Association
Inland Southern California United Way
InnaVision Preparation Foundation
Inner City Bliss
Interface Children and Family Services
Interfaith Housing, INC.
International Trade Education Programs, INC Dba Exp
Iron Sharpens Iron Nonprofit Organization
Isaac Innovative Space for Asian American Christianity
Ives Torres Foundation
Jewish Family Service LA
Joslyn Center for Seniors
Junior Achievement of Northern California
Kalaya's Destiny
Kamali'i Foster Family Agency, INC.
Keep Coyote Creek Beautiful
Kitka, INC.
Korean American Federation of Los Angeles
Korean American Special Education Center
Koreatown Youth + Community Center
Koreatown Youth and Community Center
LA Red Network of Family Child Care Providers
Lake Family Resource Center
Lake Links, INC
Lakeside Historical Society
Latino Outdoors
Lavendercomputing
Lazarex Cancer Foundation
League of California Community Foundations
Leap
Learning Rights Law Center
Learningtech.org
Legacy LA
Let Spirit Lead, INC.
Lift Love Family Services
Linda Civitello Consulting
Little Brothers-friends of The Elderly- Bay Area
Little Manila Rising
Local Clean Energy Alliance
Los Angeles Area Chamber of Commerce
Los Angeles Inner City CulturalCenter
Los Angeles Metropolitan Churches
Los Angeles Neighborhood Initiative
Lotus Medical Career College
Mack Sacred Trust
Madera Coalition for Community Justice
Making Hope Happen Foundation
Mandate Project Impact, INC.
Mariachi Scholarship Foundation
Marin City Community Development Corporation
Maternal and Child Health Access
McKinleyville Family Resource Center
Meadowview Urban Tree Project
Meals on Wheels - Santa Maria Valley
Meals on Wheels California
Meals on Wheels California, INC.
Meals That Connect
Media Alliance
Mend-meet Each Need With Dignity
Michelle's Place
Michelle's Place Cancer Resource Center
Microenterprise Collaborative of Inland Southern California
Mission Hope
Mountain Homeless Coalition
NAMI Tri-valley
National Alliance on Student Loan Debt
National Harm Reduction Coalition
National High School Career Day Network
National Latina Business Women Association-ie Institute
National Small Business Advocacy Council
National Treasure Mustang Rescue and Sanctuary
Nature for All
Nehemiah Charitable Fund
Nevada City Broadcast Group
NextGen DreamBuilders
No Drugs America Association, INC
Nonprofit Connection Santa Cruz County
Nonprofit Finance Fund
Nonprofit Growth Advisors
Northern California Regional Land Trust
Northern Santa Barbara County United Way
ONTRACK Program Resources, INC.
Open Medicine Foundation
Our Community Works
Our Hands of Love Corporation
Oxnard Performing Arts Center Corporation
Pacific Asian Counseling Services
Pacific Coast Fish, Wildlife and Wetlands Restoration Association
Paddle for Peace
Parentz Work
Parkview Legacy Foundation
Partners for Change
Pasadena Village
Pastor Mace INC.
Path
PathPoint
Pathway Family Services, INC.
PCRI
Peninsula Family Service
Peruvian Community OC
Philanthropy California
Playful People Productions
Playzeum Yuba Sutter
Pleasantview Industries
Pogo Park
Power House United INC
Praxis Health Empowerment
Primary Care At Home, INC.
Pro Youth and Families
Program for Torture Victims
Public Counsel
Public Works Improvisational Theatre FNDN., INC
Raizes Collective
Ralls Consulting Services
RCCG-Jesus House Silicon Valley
REDF
Redwood Community Action Agency
Refugee Jumpstart Coaching
Repeat Reuse
ReScape California
Riverside Medical Clinic Charitable Foundation
Rose Bowl Aquatics Center
Rural Communities Resource Center
Rural Community Assistance Corporation
Rural Community Assistance Corporation
RYSE Center
Sacramento Splash
Safer West County
Sailing Sorcery - Project NxT
Salvadoran American Leadership and Educational Fund
San Bernardino Fatherhood
San Francisco Public Health Foundation
Sanchez Art Center
Santa Barbara Botanic Garden
Santa Barbara Foundation
Santa Barbara Student Housing Cooperative
Santa Cruz Volunteer Center
Save Our Shores
Say San Diego (social Advocates for Youth
Self-help Enterprises
Senior Coastsiders
Senior Services Coalition of Alameda County
Seniors Council of Santa Cruz & San Benito Counties
Sensory Integration Education and Research Foundation
Sequoia Consulting Associates, LLC
Sequoia Riverlands Trust
Service Center for Independent Life
SEWA-AIFW
SF SCORE
Shadow Husky Rescue, INC.
Shining STAR Consulting
Sierra Nevada Alliance
Sierra Service Project
Silicon Valley Council of Nonprofits
Simbi Community Development
Siskiyou Land Trust
Sisters of St. Joseph Healthcare Foundation
SLO Village
Smile Unto Him
So Say We All
SoCal Grantmakers
Social I Collective
Somali Bantu Association of America
South Central Prevention Coalition
South Coast Sustainable
Spirit House Center for Attitudinal Healing
St John Boys Home, INC
St. Anthony High School
Stand! for Families Free of Violence
Streams in The Desert Foundation, INC.
Susan Hayes, Nonprofit & Communications Consulting
Sustainable Claremont
Sycamores
Taulama for Tongans
TDTD Foundation
The Animation Guild Foundation
The Arc of Butte County
The C.U.P. of Empowerment Coalition
The Center in Hollywood
The Child Abuse Prevention Center
The Forestry and Fire Recruitment Program
The Francisco Homes
The Grantsmanship Center
The Greenlining Institute
The Heart of Ida
The Helping Hand Worldwide
The Mom & Dad Project
The New Beginning Fellowship Center
The New Libya
The Nonprofit Partnership
The South Coast Chorale
The Unusual Suspects Theatre Company
The Village Project, INC.
The Wise Woman Ways
The Zelma Foundation for Women's Mental Wellness
Three Little Birds Agency
Thrive Meshack-Edison Rehabilitation Services
Tomales Town Hall
Trans Can Work
Tree Foundation of Kern
TreePeople
Tri Valley Haven
Tri-valley Air Quality Climate Alliance
Tri-valley Nonprofit Alliance
Trinity Foster Family Services of The Bay Area
Trippinz Care INC
Trout Unlimited
Tuleyome
Tuolumne River Trust
Turn-the Utility Reform Network
U 2 US Health, INC.
Ultimate Restoration Unlimited, INC.
United Latino Voices of Contra Costa County
United Ways of California
Vaad of Northern California
Valley Intercommunity Council
Valley Restart Shelter
Ventura Land Trust
Vic-valley Intercommunity Council
Village Community Resource Center
Village of Sonoma Valley
Vista Center for The Blind and Visually Impaired
Vital Arts
Walden Family Services
Walnut Avenue Family & Women's Center
Walter Munk Foundation for The Oceans
We are One United
We are Up
We Save the World
Welcoming Interim Shared Housing
West Valley Community Services
Westside Food Bank
Wild Sage Horse Rescue
Wings of Wisdom
With Open Arms INC.
Without Permission, INC.
Women's Economic Ventures
Women's Empowerment
World Be Well Organization
Yerba Buena Gardens Festival
You are More
Youth Transportation Organization
Yreka Community Farmers Market
Yuba Sutter Arts & Culture
Zen Caregiving Project
OPPOSITION: (Verified 9/30/24)
None received
ARGUMENTS IN SUPPORT: In support of the bill, the coalition of nonprofits listed above jointly write that in “October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.”
Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
GOVERNOR'S VETO MESSAGE:
This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and delete the $500,000 threshold on contracts or grants with nonprofits eligible for late payment penalties.
Nonprofit organizations play a critical role in supporting our state's communities, and I commend the author's continued effort to support these organizations. I also understand the goal of ensuring that our nonprofit partners are receiving payments in a timely manner; however, this broad expansion will have a significant impact across all state agencies that are currently working to decrease administrative costs.
I believe a more focused evaluation of this issue is warranted, to help ensure nonprofits are provided the financial stability they need while taking into account the unintended consequences when broad requirements are placed across the state's disparate range of programs. I encourage the author and stakeholders to continue working with my administration on an approach to advance the goals of this bill while considering the current fiscal environment and the totality of the impacts.
In partnership with the Legislature this year, my Administration has enacted a balanced budget that avoids deep program cuts to vital services and protected investments in education, health care, climate, public safety, housing, and social service programs that millions of Californians rely on. It is important to remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.
For these reasons, I cannot sign this bill.
ASSEMBLY FLOOR: 76-0, 8/28/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Ortega, Wood
Prepared by: Brian Duke / G.O. / (916) 651-1530
10/9/24 15:44:21
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1246 |
UNFINISHED BUSINESS
Bill No: SB 1246
Author: Limón (D), et al.
Amended: 8/23/24
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Rubio, Seyarto, Smallwood-Cuevas
NO VOTE RECORDED: Ashby, Roth
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 37-0, 5/23/24
AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Archuleta, Newman
ASSEMBLY FLOOR: 76-0, 8/28/24 - See last page for vote
SUBJECT: California Prompt Payment Act: nonprofit organizations
SOURCE: Author
DIGEST:
This bill deletes, for the purposes of the California Prompt Payment Act (PPA), the definition of the term “grant” from the PPA and deletes the $500,000 exception in existing law and provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
Assembly Amendments
delete the definition of the term “grant” from the PPA and provide that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
ANALYSIS:
Existing law:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
- Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the Department of General Services (DGS) with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
This bill:
- Specifies that the PPA and the associated late payment penalties apply to a signed final agreement for any of the following types of grants:
- A grant by any state agency to a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency.
- A grant to a resource conservation district for restoration activities.
- A grant by any state agency to a nonprofit organization.
- Deletes the term and definition of “grant” in the PPA.
- Specifies that for the purposes of the PPA, “nonprofit organization” means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
- Deletes from the PPA the $500,000 exception from penalty provisions if the grant is awarded to a nonprofit organization, as specified.
Background
Author Statement. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. Late payments may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill deletes the definition of the term “grant” from the PPA and deletes the $500,000 exception in the act. Additionally, this bill provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
It’s Déjà Vu All Over Again. This bill is substantially similar to SB 557 (Limon, 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
That bill unanimously passed both houses of the legislature, however Governor Newsom vetoed the bill, writing:
This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract. Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.
Notably, SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This bill does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. Rather, this bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Related/Prior Legislation
SB 336 (Umberg, 2023) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Pending on the Assembly Floor
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, costs of approximately $170,000 each year for two years to DGS for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund [GF] or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment to those contracts and grants.
SUPPORT: (Verified 8/28/24)
5 Stones Open Door
805 Undocufund
A Broader Living Experience Dba Able
Abrazar, INC.
Access Impact
Active San Gabriel Valley
Acts Senior Assistance
Afghan Culture and Art
African American Network of Kern County
Agape Community Christian Church
Akoma Unity Center
Alan Hu Foundation
Alchemist CDC
All for Kids
Almaden Valley Counseling Service
Alpine Outdoor Recreation Association
Amanda's Adaptive Martial Arts
American Academy of Pediatrics - Orange County Chapter
American Patriot Music Project
Anchored Life Recovery Services LLC
Api Equality-la
APRIL Parker Foundation
Aresis Ensemble (city Garage)
Arts Orange County
Asian Pacific American Community Center
Asociacion Cultural Los Angeles
Asociacion De Emprendedor@s
Aspiranet
Association for Environmental and Outdoor Education
Association of California Symphony Orchestras
Axis Advocacy
Banj Health Center
Barrio Station
Bike East Bay
Boo2bullying
Boys & Girls Club of Laguna Beach
Boys & Girls Clubs of Fresno County
Boys and Girls Club of Merced
Breathe Southern California
Brighter Funding
Brothers on The Rise
Bruised But Not Broken Family Resource Center
Building Resilient Communities
Butte Environmental Council
C.d. Jackson and Associates
CA Arts Advocates
Calaveras Healthy Impact Product Solutions
Calcapa
California Association of Nonprofits
California Bicycle Coalition
California Black Health Network
California Coalition for Community Investment
California Coalition for Community Investment
California Coalition for Rural Housing
California Communiity Builders
California Community Economic Development Association
California Community Living Network
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Health Collaborative
California Partnership to End Domestic Violence
California Releaf
Calm
Calnonprofits
Cameo - California Association for Micro Enterprise Opportunity
Cameo Network
Carpinteria Children's Project
Catholic Big Brothers Big Sisters of Los Angeles County
Catholic Charities of Santa Clara County
Center for Accessible Technology
Center for Leadership, Equity, and Research
Center for Living and Learning
Center for Nonprofit Management
Center for Urban Excellence
Chance Theater
Chicostart
Child Abuse Prevention Center
Child Abuse Prevention Center and Its Affiliates Safe Kids California, Prevent Child Abuse California and The California Family Resource Association; the
Children's Fund
Children's Health Initiative for Medication Education
Children's Institute
Chrysalis
City Serve of The Tri Valley
Clarke Historical Museum
Cncda Foundation
Coastal
Coastal Nonprofit Consulting
Collective of Thinkers INC.
Communitiy Water Center
Community Alliance With Family Farmers
Community Bridges
Community Build, INC.
Community Homeless Solutions
Community Investment Strategies
Community Leaders Coalition
Community Legal Services in East Palo Alto
Community Nature Connection
Community Now
Community Resource Project
Community Water Center
Compasspoint
Counseling Options and Parent Education Support Center, INC.
Crenshaw Health Partners INC
Crossword Church
Crystal Clear Biz Ops
Culture Scholar Corporation
Davis Media Access
Desert Sanctuary INC.
Diamond Collective
Divine Truth Unity Fellowship Church Dba Rainbow Pride Youth Alliance
Dolores Huerta Foundation
Donna Sternberg & Dancers
Doves of Big Bear Valley, INC.
Dovetail Learning
Down Syndrome Connection of The Bay Area
Duc Learning Center
Earth Discovery Institute
East Bay Sanctuary Covenant
East Contra Costa Community Alliance
Eastmont Community Center
Ebony Repertory Theatre
Education Francaise Bay Area
El Concilio of Stockton
El Nido Family Centers
El Sol Neighborhood Educational Center
Elderhelp of San Diego
Elkhorn Slough Foundation
Episcopal Community Services
Equality California
Exceptional Parents Unlimited
Exploring New Horizons Outdoor Schools
Eyeshine
Families Achieving Success
Families in Transition of Santa Cruz County, INC.
Family Bridges, INC
Family Service Association
Family Violence Appellate Project
Family Works
Fasd Network of Southern California
Federacion Clubes Michocanos Orange County
Filipino American Service Group, INC.
First Presbyterian Church of Hayward
Food Finders, INC.
Foodcycle
Formerly With Sos Community Counseling
Foundation for Filipina Women's Network
Fresno Building Healthy Communities
Fresno State Humanities
Friends of Harbors, Beaches and Parks
Friends of International Friendship Park, INC.
Friends Outside
Gateway Center of Monterey County
Ghost Pine Native Plant Nursery
Giving 365
Global Refugee Awareness Healing Center
Grand Vision Foundation
Grantland L Johnson Institute of Leadership Development
Grateful Heart Consulting
Green Energy Solutions Holdings LLC
Greenhouse Family Services
Handson Central California
Harc, INC.
Healthforce Partners Northern San Joaquin Valley
Healthright 360
Healthy Kids Happy Faces
Heart of Compassion Distribution
Heartbeat of Champions Foundation
Help Is Hope Foundation
Hidden Truths Project
Hillsides
His Daughters House
House of Ruth, INC.
Huckleberry Youth Programs
Iact
Idyllwild Forest Health Project
Inland Empire Community Collaborative
Inland Empire Latino Lawyers Association
Inland Southern California United Way
Innavision Preparation Foundation
Inner City Bliss
Interface Children and Family Services
Interfaith Housing, INC.
International Trade Education Programs, INC Dba Exp
Iron Sharpens Iron Nonprofit Organization
Isaac Innovative Space for Asian American Christianity
Ives Torres Foundation
Jewish Family Service LA
Joslyn Center for Seniors
Junior Achievement of Northern California
Kalaya's Destiny
Kamali'i Foster Family Agency, INC.
Keep Coyote Creek Beautiful
Kitka, INC.
Korean American Federation of Los Angeles
Korean American Special Education Center
Koreatown Youth + Community Center
Koreatown Youth and Community Center
LA Red Network of Family Child Care Providers
Lake Family Resource Center
Lake Links, INC
Lakeside Historical Society
Latino Outdoors
Lavendercomputing
Lazarex Cancer Foundation
League of California Community Foundations
Leap
Learning Rights Law Center
Learningtech.org
Legacy LA
Let Spirit Lead, INC.
Lift Love Family Services
Linda Civitello Consulting
Little Brothers-friends of The Elderly- Bay Area
Little Manila Rising
Local Clean Energy Alliance
Los Angeles Area Chamber of Commerce
Los Angeles Inner City Culturalcenter
Los Angeles Metropolitan Churches
Los Angeles Neighborhood Initiative
Lotus Medical Career College
Mack Sacred Trust
Madera Coalition for Community Justice
Making Hope Happen Foundation
Mandate Project Impact, INC.
Mariachi Scholarship Foundation
Marin City Community Development Corporation
Maternal and Child Health Access
Mckinleyville Family Resource Center
Meadowview Urban Tree Project
Meals on Wheels - Santa Maria Valley
Meals on Wheels California
Meals on Wheels California, INC.
Meals That Connect
Media Alliance
Mend-meet Each Need With Dignity
Michelle's Place
Michelle's Place Cancer Resource Center
Microenterprise Collaborative of Inland Southern California
Mission Hope
Mountain Homeless Coalition
Nami Tri-valley
National Alliance on Student Loan Debt
National Harm Reduction Coalition
National High School Career Day Network
National Latina Business Women Association-ie Institute
National Small Business Advocacy Council
National Treasure Mustang Rescue and Sanctuary
Nature for All
Nehemiah Charitable Fund
Nevada City Broadcast Group
Nextgen Dreambuilders
No Drugs America Association, INC
Nonprofit Connection Santa Cruz County
Nonprofit Finance Fund
Nonprofit Growth Advisors
Northern California Regional Land Trust
Northern Santa Barbara County United Way
Ontrack Program Resources, INC.
Open Medicine Foundation
Our Community Works
Our Hands of Love Corporation
Oxnard Performing Arts Center Corporation
Pacific Asian Counseling Services
Pacific Coast Fish, Wildlife and Wetlands Restoration Association
Paddle for Peace
Parentz Work
Parkview Legacy Foundation
Partners for Change
Pasadena Village
Pastor Mace INC.
Path
Pathpoint
Pathway Family Services, INC.
Pcri
Peninsula Family Service
Peruvian Community Oc
Philanthropy California
Playful People Productions
Playzeum Yuba Sutter
Pleasantview Industries
Pogo Park
Power House United INC
Praxis Health Empowerment
Primary Care At Home, INC.
Pro Youth and Families
Program for Torture Victims
Public Counsel
Public Works Improvisational Theatre Fndn., INC
Raizes Collective
Ralls Consulting Services
Rccg-jesus House Silicon Valley
Redf
Redwood Community Action Agency
Refugee Jumpstart Coaching
Repeat Reuse
Rescape California
Riverside Medical Clinic Charitable Foundation
Rose Bowl Aquatics Center
Rural Communities Resource Center
Rural Community Assistance Corporation
Rural Community Assistance Corporation
Ryse Center
Sacramento Splash
Safer West County
Sailing Sorcery - Project Nxt
Salvadoran American Leadership and Educational Fund
San Bernardino Fatherhood
San Francisco Public Health Foundation
Sanchez Art Center
Santa Barbara Botanic Garden
Santa Barbara Foundation
Santa Barbara Student Housing Cooperative
Santa Cruz Volunteer Center
Save Our Shores
Say San Diego (social Advocates for Youth
Self-help Enterprises
Senior Coastsiders
Senior Services Coalition of Alameda County
Seniors Council of Santa Cruz & San Benito Counties
Sensory Integration Education and Research Foundationn
Sequoia Consulting Associates, LLC
Sequoia Riverlands Trust
Service Center for Independent Life
Sewa-aifw
Sf Score
Shadow Husky Rescue, INC.
Shining STAR Consulting
Sierra Nevada Alliance
Sierra Service Project
Silicon Valley Council of Nonprofits
Simbi Community Development
Siskiyou Land Trust
Sisters of St. Joseph Healthcare Foundation
Slo Village
Smile Unto Him
So Say We All
Socal Grantmakers
Social I Collective
Somali Bantu Association of America
South Central Prevention Coalition
South Coast Sustainable
Spirit House Center for Attitudinal Healing
St John Boys Home, INC
St. Anthony High School
Stand! for Families Free of Violence
Streams in The Desert Foundation, INC.
Susan Hayes, Nonprofit & Communications Consulting
Sustainable Claremont
Sycamores
Taulama for Tongans
Tdtd Foundation
The Animation Guild Foundation
The Arc of Butte County
The C.u.p. of Empowerment Coalition
The Center in Hollywood
The Child Abuse Prevention Center
The Forestry and Fire Recruitment Program
The Francisco Homes
The Grantsmanship Center
The Greenlining Institute
The Heart of Ida
The Helping Hand Worldwide
The Mom & Dad Project
The New Beginning Fellowship Center
The New Libya
The Nonprofit Partnership
The South Coast Chorale
The Unusual Suspects Theatre Company
The Village Project, INC.
The Wise Woman Ways
The Zelma Foundation for Women's Mental Wellness
Three Little Birds Agency
Thrive Meshack-edison Rehabilitation Services
Tomales Town Hall
Trans Can Work
Tree Foundation of Kern
Treepeople
Tri Valley Haven
Tri-valley Air Quality Climate Alliance
Tri-valley Nonprofit Alliance
Trinity Foster Family Services of The Bay Area
Trippinz Care INC
Trout Unlimited
Tuleyome
Tuolumne River Trust
Turn-the Utility Reform Network
U 2 US Health, INC.
Ultimate Restoration Unlimited, Uru INC.
United Latino Voices of Contra Costa County
United Ways of California
Vaad of Northern California
Valley Intercommunity Council
Valley Restart Shelter
Ventura Land Trust
Vic-valley Intercommunity Council
Village Community Resource Center
Village of Sonoma Valley
Vista Center for The Blind and Visually Impaired
Vital Arts
Walden Family Services
Walnut Avenue Family & Women's Center
Walter Munk Foundation for The Oceans
We are One United
We are Up
We Save the World
Welcoming Interim Shared Housing
West Valley Community Services
Westside Food Bank
Wild Sage Horse Rescue
Wings of Wisdom
With Open Arms INC.
Without Permission, INC.
Women's Economic Ventures
Women's Empowerment
World Be Well Organization
Yerba Buena Gardens Festival
You are More
Youth Transportation Organization
Yreka Community Farmers Market
Yuba Sutter Arts & Culture
Zen Caregiving Project
OPPOSITION: (Verified 8/28/24)
None received
ARGUMENTS IN SUPPORT: In support of the bill, the coalition of nonprofits listed above jointly write that in “October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.”
Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
Further, supporters state, as an example, that the “California Child Care Resource and Referral Network has annual revenues of approximately $7 million and carries $2.7 million – almost half their income – in receivables from the State of California. Carrying 40 percent of income as a receivable would make any business struggle. It can take anywhere from 30 days to eight months for the state to remit payment on contracts after nonprofits submit invoices. One nonprofit that contracts with the Department of Corrections and Rehabilitation typically waits 45-60 days after the end of the month (arrears) to be paid. Other nonprofits report waiting up to ten months for payment on undisputed invoices. Many organizations have experienced delays in payments resulting from minor discrepancies, including rounding up or down by a single dime. As a result, payments to nonprofit organizations are often delayed due to minor discrepancies. That’s why SB 1246 proposes to require prompt payment unless the discrepancy is greater than $250 or five percent of the invoice, whichever is smaller. The state can still pursue the discrepancy but cannot refuse to pay the invoice on time over such small amounts.”
ASSEMBLY FLOOR: 76-0, 8/28/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Ortega, Wood
Prepared by: Brian Duke / G.O. / (916) 651-1530
8/29/24 9:45:30
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1246 |
UNFINISHED BUSINESS
Bill No: SB 1246
Author: Limón (D), et al.
Amended: 8/23/24
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Rubio, Seyarto, Smallwood-Cuevas
NO VOTE RECORDED: Ashby, Roth
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 37-0, 5/23/24
AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Archuleta, Newman
ASSEMBLY FLOOR: 58-0, 8/28/24 – Roll call vote not available
SUBJECT: California Prompt Payment Act: nonprofit organizations
SOURCE: Author
DIGEST:
This bill deletes, for the purposes of the California Prompt Payment Act (PPA), the definition of the term “grant” from the PPA and deletes the $500,000 exception in existing law and provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
Assembly Amendments
delete the definition of the term “grant” from the PPA and provide that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
ANALYSIS:
Existing law:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
- Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the Department of General Services (DGS) with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
This bill:
- Specifies that the PPA and the associated late payment penalties apply to a signed final agreement for any of the following types of grants:
- A grant by any state agency to a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered by any state agency.
- A grant to a resource conservation district for restoration activities.
- A grant by any state agency to a nonprofit organization.
- Deletes the term and definition of “grant” in the PPA.
- Specifies that for the purposes of the PPA, “nonprofit organization” means an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
- Deletes from the PPA the $500,000 exception from penalty provisions if the grant is awarded to a nonprofit organization, as specified.
Background
Author Statement. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. Late payments may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill deletes the definition of the term “grant” from the PPA and deletes the $500,000 exception in the act. Additionally, this bill provides that only specified late payment penalties apply to a signed final agreement for a grant, as specified, or a grant by any state agency to a nonprofit organization.
It’s Déjà Vu All Over Again. This bill is substantially similar to SB 557 (Limon, 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
That bill unanimously passed both houses of the legislature, however Governor Newsom vetoed the bill, writing:
This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract. Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.
Notably, SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This bill does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. Rather, this bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Related/Prior Legislation
SB 336 (Umberg, 2023) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Pending on the Assembly Floor
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, costs of approximately $170,000 each year for two years to DGS for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund [GF] or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment to those contracts and grants.
SUPPORT: (Verified 8/28/24)
5 Stones Open Door
805 Undocufund
A Broader Living Experience Dba Able
Abrazar, INC.
Access Impact
Active San Gabriel Valley
Acts Senior Assistance
Afghan Culture and Art
African American Network of Kern County
Agape Community Christian Church
Akoma Unity Center
Alan Hu Foundation
Alchemist CDC
All for Kids
Almaden Valley Counseling Service
Alpine Outdoor Recreation Association
Amanda's Adaptive Martial Arts
American Academy of Pediatrics - Orange County Chapter
American Patriot Music Project
Anchored Life Recovery Services LLC
Api Equality-la
APRIL Parker Foundation
Aresis Ensemble (city Garage)
Arts Orange County
Asian Pacific American Community Center
Asociacion Cultural Los Angeles
Asociacion De Emprendedor@s
Aspiranet
Association for Environmental and Outdoor Education
Association of California Symphony Orchestras
Axis Advocacy
Banj Health Center
Barrio Station
Bike East Bay
Boo2bullying
Boys & Girls Club of Laguna Beach
Boys & Girls Clubs of Fresno County
Boys and Girls Club of Merced
Breathe Southern California
Brighter Funding
Brothers on The Rise
Bruised But Not Broken Family Resource Center
Building Resilient Communities
Butte Environmental Council
C.d. Jackson and Associates
CA Arts Advocates
Calaveras Healthy Impact Product Solutions
Calcapa
California Association of Nonprofits
California Bicycle Coalition
California Black Health Network
California Coalition for Community Investment
California Coalition for Community Investment
California Coalition for Rural Housing
California Communiity Builders
California Community Economic Development Association
California Community Living Network
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Health Collaborative
California Partnership to End Domestic Violence
California Releaf
Calm
Calnonprofits
Cameo - California Association for Micro Enterprise Opportunity
Cameo Network
Carpinteria Children's Project
Catholic Big Brothers Big Sisters of Los Angeles County
Catholic Charities of Santa Clara County
Center for Accessible Technology
Center for Leadership, Equity, and Research
Center for Living and Learning
Center for Nonprofit Management
Center for Urban Excellence
Chance Theater
Chicostart
Child Abuse Prevention Center
Child Abuse Prevention Center and Its Affiliates Safe Kids California, Prevent Child Abuse California and The California Family Resource Association; the
Children's Fund
Children's Health Initiative for Medication Education
Children's Institute
Chrysalis
City Serve of The Tri Valley
Clarke Historical Museum
Cncda Foundation
Coastal
Coastal Nonprofit Consulting
Collective of Thinkers INC.
Communitiy Water Center
Community Alliance With Family Farmers
Community Bridges
Community Build, INC.
Community Homeless Solutions
Community Investment Strategies
Community Leaders Coalition
Community Legal Services in East Palo Alto
Community Nature Connection
Community Now
Community Resource Project
Community Water Center
Compasspoint
Counseling Options and Parent Education Support Center, INC.
Crenshaw Health Partners INC
Crossword Church
Crystal Clear Biz Ops
Culture Scholar Corporation
Davis Media Access
Desert Sanctuary INC.
Diamond Collective
Divine Truth Unity Fellowship Church Dba Rainbow Pride Youth Alliance
Dolores Huerta Foundation
Donna Sternberg & Dancers
Doves of Big Bear Valley, INC.
Dovetail Learning
Down Syndrome Connection of The Bay Area
Duc Learning Center
Earth Discovery Institute
East Bay Sanctuary Covenant
East Contra Costa Community Alliance
Eastmont Community Center
Ebony Repertory Theatre
Education Francaise Bay Area
El Concilio of Stockton
El Nido Family Centers
El Sol Neighborhood Educational Center
Elderhelp of San Diego
Elkhorn Slough Foundation
Episcopal Community Services
Equality California
Exceptional Parents Unlimited
Exploring New Horizons Outdoor Schools
Eyeshine
Families Achieving Success
Families in Transition of Santa Cruz County, INC.
Family Bridges, INC
Family Service Association
Family Violence Appellate Project
Family Works
Fasd Network of Southern California
Federacion Clubes Michocanos Orange County
Filipino American Service Group, INC.
First Presbyterian Church of Hayward
Food Finders, INC.
Foodcycle
Formerly With Sos Community Counseling
Foundation for Filipina Women's Network
Fresno Building Healthy Communities
Fresno State Humanities
Friends of Harbors, Beaches and Parks
Friends of International Friendship Park, INC.
Friends Outside
Gateway Center of Monterey County
Ghost Pine Native Plant Nursery
Giving 365
Global Refugee Awareness Healing Center
Grand Vision Foundation
Grantland L Johnson Institute of Leadership Development
Grateful Heart Consulting
Green Energy Solutions Holdings LLC
Greenhouse Family Services
Handson Central California
Harc, INC.
Healthforce Partners Northern San Joaquin Valley
Healthright 360
Healthy Kids Happy Faces
Heart of Compassion Distribution
Heartbeat of Champions Foundation
Help Is Hope Foundation
Hidden Truths Project
Hillsides
His Daughters House
House of Ruth, INC.
Huckleberry Youth Programs
Iact
Idyllwild Forest Health Project
Inland Empire Community Collaborative
Inland Empire Latino Lawyers Association
Inland Southern California United Way
Innavision Preparation Foundation
Inner City Bliss
Interface Children and Family Services
Interfaith Housing, INC.
International Trade Education Programs, INC Dba Exp
Iron Sharpens Iron Nonprofit Organization
Isaac Innovative Space for Asian American Christianity
Ives Torres Foundation
Jewish Family Service LA
Joslyn Center for Seniors
Junior Achievement of Northern California
Kalaya's Destiny
Kamali'i Foster Family Agency, INC.
Keep Coyote Creek Beautiful
Kitka, INC.
Korean American Federation of Los Angeles
Korean American Special Education Center
Koreatown Youth + Community Center
Koreatown Youth and Community Center
LA Red Network of Family Child Care Providers
Lake Family Resource Center
Lake Links, INC
Lakeside Historical Society
Latino Outdoors
Lavendercomputing
Lazarex Cancer Foundation
League of California Community Foundations
Leap
Learning Rights Law Center
Learningtech.org
Legacy LA
Let Spirit Lead, INC.
Lift Love Family Services
Linda Civitello Consulting
Little Brothers-friends of The Elderly- Bay Area
Little Manila Rising
Local Clean Energy Alliance
Los Angeles Area Chamber of Commerce
Los Angeles Inner City Culturalcenter
Los Angeles Metropolitan Churches
Los Angeles Neighborhood Initiative
Lotus Medical Career College
Mack Sacred Trust
Madera Coalition for Community Justice
Making Hope Happen Foundation
Mandate Project Impact, INC.
Mariachi Scholarship Foundation
Marin City Community Development Corporation
Maternal and Child Health Access
Mckinleyville Family Resource Center
Meadowview Urban Tree Project
Meals on Wheels - Santa Maria Valley
Meals on Wheels California
Meals on Wheels California, INC.
Meals That Connect
Media Alliance
Mend-meet Each Need With Dignity
Michelle's Place
Michelle's Place Cancer Resource Center
Microenterprise Collaborative of Inland Southern California
Mission Hope
Mountain Homeless Coalition
Nami Tri-valley
National Alliance on Student Loan Debt
National Harm Reduction Coalition
National High School Career Day Network
National Latina Business Women Association-ie Institute
National Small Business Advocacy Council
National Treasure Mustang Rescue and Sanctuary
Nature for All
Nehemiah Charitable Fund
Nevada City Broadcast Group
Nextgen Dreambuilders
No Drugs America Association, INC
Nonprofit Connection Santa Cruz County
Nonprofit Finance Fund
Nonprofit Growth Advisors
Northern California Regional Land Trust
Northern Santa Barbara County United Way
Ontrack Program Resources, INC.
Open Medicine Foundation
Our Community Works
Our Hands of Love Corporation
Oxnard Performing Arts Center Corporation
Pacific Asian Counseling Services
Pacific Coast Fish, Wildlife and Wetlands Restoration Association
Paddle for Peace
Parentz Work
Parkview Legacy Foundation
Partners for Change
Pasadena Village
Pastor Mace INC.
Path
Pathpoint
Pathway Family Services, INC.
Pcri
Peninsula Family Service
Peruvian Community Oc
Philanthropy California
Playful People Productions
Playzeum Yuba Sutter
Pleasantview Industries
Pogo Park
Power House United INC
Praxis Health Empowerment
Primary Care At Home, INC.
Pro Youth and Families
Program for Torture Victims
Public Counsel
Public Works Improvisational Theatre Fndn., INC
Raizes Collective
Ralls Consulting Services
Rccg-jesus House Silicon Valley
Redf
Redwood Community Action Agency
Refugee Jumpstart Coaching
Repeat Reuse
Rescape California
Riverside Medical Clinic Charitable Foundation
Rose Bowl Aquatics Center
Rural Communities Resource Center
Rural Community Assistance Corporation
Rural Community Assistance Corporation
Ryse Center
Sacramento Splash
Safer West County
Sailing Sorcery - Project Nxt
Salvadoran American Leadership and Educational Fund
San Bernardino Fatherhood
San Francisco Public Health Foundation
Sanchez Art Center
Santa Barbara Botanic Garden
Santa Barbara Foundation
Santa Barbara Student Housing Cooperative
Santa Cruz Volunteer Center
Save Our Shores
Say San Diego (social Advocates for Youth
Self-help Enterprises
Senior Coastsiders
Senior Services Coalition of Alameda County
Seniors Council of Santa Cruz & San Benito Counties
Sensory Integration Education and Research Foundationn
Sequoia Consulting Associates, LLC
Sequoia Riverlands Trust
Service Center for Independent Life
Sewa-aifw
Sf Score
Shadow Husky Rescue, INC.
Shining STAR Consulting
Sierra Nevada Alliance
Sierra Service Project
Silicon Valley Council of Nonprofits
Simbi Community Development
Siskiyou Land Trust
Sisters of St. Joseph Healthcare Foundation
Slo Village
Smile Unto Him
So Say We All
Socal Grantmakers
Social I Collective
Somali Bantu Association of America
South Central Prevention Coalition
South Coast Sustainable
Spirit House Center for Attitudinal Healing
St John Boys Home, INC
St. Anthony High School
Stand! for Families Free of Violence
Streams in The Desert Foundation, INC.
Susan Hayes, Nonprofit & Communications Consulting
Sustainable Claremont
Sycamores
Taulama for Tongans
Tdtd Foundation
The Animation Guild Foundation
The Arc of Butte County
The C.u.p. of Empowerment Coalition
The Center in Hollywood
The Child Abuse Prevention Center
The Forestry and Fire Recruitment Program
The Francisco Homes
The Grantsmanship Center
The Greenlining Institute
The Heart of Ida
The Helping Hand Worldwide
The Mom & Dad Project
The New Beginning Fellowship Center
The New Libya
The Nonprofit Partnership
The South Coast Chorale
The Unusual Suspects Theatre Company
The Village Project, INC.
The Wise Woman Ways
The Zelma Foundation for Women's Mental Wellness
Three Little Birds Agency
Thrive Meshack-edison Rehabilitation Services
Tomales Town Hall
Trans Can Work
Tree Foundation of Kern
Treepeople
Tri Valley Haven
Tri-valley Air Quality Climate Alliance
Tri-valley Nonprofit Alliance
Trinity Foster Family Services of The Bay Area
Trippinz Care INC
Trout Unlimited
Tuleyome
Tuolumne River Trust
Turn-the Utility Reform Network
U 2 US Health, INC.
Ultimate Restoration Unlimited, Uru INC.
United Latino Voices of Contra Costa County
United Ways of California
Vaad of Northern California
Valley Intercommunity Council
Valley Restart Shelter
Ventura Land Trust
Vic-valley Intercommunity Council
Village Community Resource Center
Village of Sonoma Valley
Vista Center for The Blind and Visually Impaired
Vital Arts
Walden Family Services
Walnut Avenue Family & Women's Center
Walter Munk Foundation for The Oceans
We are One United
We are Up
We Save the World
Welcoming Interim Shared Housing
West Valley Community Services
Westside Food Bank
Wild Sage Horse Rescue
Wings of Wisdom
With Open Arms INC.
Without Permission, INC.
Women's Economic Ventures
Women's Empowerment
World Be Well Organization
Yerba Buena Gardens Festival
You are More
Youth Transportation Organization
Yreka Community Farmers Market
Yuba Sutter Arts & Culture
Zen Caregiving Project
OPPOSITION: (Verified 8/28/24)
None received
ARGUMENTS IN SUPPORT: In support of the bill, the coalition of nonprofits listed above jointly write that in “October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.”
Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
Further, supporters state, as an example, that the “California Child Care Resource and Referral Network has annual revenues of approximately $7 million and carries $2.7 million – almost half their income – in receivables from the State of California. Carrying 40 percent of income as a receivable would make any business struggle. It can take anywhere from 30 days to eight months for the state to remit payment on contracts after nonprofits submit invoices. One nonprofit that contracts with the Department of Corrections and Rehabilitation typically waits 45-60 days after the end of the month (arrears) to be paid. Other nonprofits report waiting up to ten months for payment on undisputed invoices. Many organizations have experienced delays in payments resulting from minor discrepancies, including rounding up or down by a single dime. As a result, payments to nonprofit organizations are often delayed due to minor discrepancies. That’s why SB 1246 proposes to require prompt payment unless the discrepancy is greater than $250 or five percent of the invoice, whichever is smaller. The state can still pursue the discrepancy but cannot refuse to pay the invoice on time over such small amounts.”
Prepared by: Brian Duke / G.O. / (916) 651-1530
8/28/24 22:09:25
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1246
Author:(Limón)
As Amended Ver:August 23, 2024
Majority vote
SUMMARY
This bill expands the California Prompt Payment Act (PPA) to cover additional grant or contract payments to a 501(c)(3) nonprofit organization. The bill would also delete the $500,000 threshold on contracts or grants with nonprofit organizations eligible for late payments; and provide that only specified late payment penalties apply to a signed final agreement for a grant as described, or a grant by any state agency to a nonprofit organization.
Major Provisions
EXISTING LAW:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires under the PPA, to avoid late payment penalties, a state agency to make payment within 45 days of the receipt of an undisputed invoice, as prescribed.
- Requires an exception from those PPA penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the DGS with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year, as specified.
- Defines the term "grant" to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines "nonprofit service organization" to mean a nonprofit entity that is organized to provide services to the public.
COMMENTS
Background.
California's Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. A late payment may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities. This bill repeals this limitation, making a nonprofit organization with a contract or grant of any size eligible for the penalty payment.
Action by Assembly and Senate Select Committees. On February 17, 2022, the Assembly and Senate Select Committees on the Nonprofit Sector held a joint hearing featuring panelists and public comment from nonprofit leaders across the state. The hearing, entitled, "A Blueprint to Ensure Nonprofits are Supported and Thrive during Future Emergencies" focused on the challenges nonprofits faced in implementing programs during the height of the COVID-19 Pandemic.
The committees concluded that government contracting challenges remain a key barrier for nonprofits providing needed services. "Strong government-nonprofit partnerships are vital to ensure Californians have access to quality services and programs, to support the nonprofit sector as key employers in the state, and to bolster economic recovery, particularly in historically underserved communities.
Prior legislation. SB 557 (Limon) of 2023). This bill would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. SB 557 was vetoed by Governor Newsom, who stated:
"However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty."
AB 590 (Hart), Chapter 535, Statutes of 2023. Authorized a state agency administering a grant program to provide for advance payments to a recipient 501(c)(3) nonprofit organization, as specified. The advanced payment shall not exceed 25% of the total grant or contract amount, unless the state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation for that larger amount.
AB 156 (Committee on Budget), Chapter 569, Statutes of 2022. Authorized, until July 1, 2025, state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met including requiring advance payment recipients to provide an itemized budget, spending timeline, and work plan.
According to the Author
According to the author's office, "California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities."
Arguments in Support
A coalition of supporters, including the California Nonprofit Association, write that "in October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state's health, human services, environmental, education, and other vital priorities." Specifically, "SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy."
Arguments in Opposition
None on file.
FISCAL COMMENTS
- According to the Assembly Appropriations Committee analysis, "Costs of approximately $170,000 each year for two years to the Department of General Services (DGS) for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
- Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund (GF) or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment of those contracts and grants."
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Archuleta, Newman
ASM GOVERNMENTAL ORGANIZATION: 19-0-3
YES: Blanca Rubio, Lackey, Addis, Bains, Bryan, Cervantes, Davies, Dixon, Gabriel, Gipson, Low, McKinnor, Pacheco, Papan, Jim Patterson, Soria, Ta, Valencia, Wallis
ABS, ABST OR NV: Haney, Jones-Sawyer, Ramos
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 23, 2024
CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0004573
SENATE THIRD READING
STR Bill Id:SB 1246
Author:(Limón)
As Introduced Ver:February 15, 2024
Majority vote
SUMMARY
This bill would revise the California Prompt Payments Act (PPA) by expanding the definition of a "grant" to include a signed final agreement between any state agency and a nonprofit organization; requires a state agency disputing an invoice from a nonprofit organization to pay the undisputed portion of the invoice, as specified; removes the $500,000 threshold on contracts or grants with nonprofit organizations eligible for late payments; and adds nonprofit organizations to the list of entities in state agencies' and the Department of General Services (DGS) late payment penalty reports, as specified.
Major Provisions
- Expands the definition of a "grant" to also mean a signed final agreement between any state agency and a nonprofit organization.
- Requires, if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.
- Removes the exception in existing law whereby a nonprofit organization is only eligible to receive a penalty payment if it has been awarded a contract or grant in the amount less than $500,000.
- Adds "nonprofit organizations" to the list of entities state agencies that are required to report to DGS on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Revises the definition of "nonprofit organization" to mean an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
- Makes technical and conforming changes.
COMMENTS
Background.
California's Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. A late payment may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill expands the current definition of "grant" in existing law to also mean a signed final agreement between any state agency and a nonprofit organization. Additionally, AB 1246 removes the cap of only paying a late penalty to a nonprofit organization if the contract is for $500,000 or less. This bill requires state agencies to include penalty payments made to nonprofits in their existing annual penalty payment reporting to DGS.
This bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Action by Assembly and Senate Select Committees. On February 17, 2022, the Assembly and Senate Select Committees on the Nonprofit Sector held a joint hearing featuring panelists and public comment from nonprofit leaders across the state. The hearing, entitled, "A Blueprint to Ensure Nonprofits are Supported and Thrive during Future Emergencies" focused on the challenges nonprofits faced in implementing programs during the height of the COVID-19 Pandemic.
The committees concluded that government contracting challenges remain a key barrier for nonprofits providing needed services. "Strong government-nonprofit partnerships are vital to ensure Californians have access to quality services and programs, to support the nonprofit sector as key employers in the state, and to bolster economic recovery, particularly in historically underserved communities."
Run It Back. This bill is distinctly similar to SB 557 (Limon of 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
The bill passed the legislature unanimously, however Governor Newsom vetoed it, writing:
"This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract.
"Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
"I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
"My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns."
It should be noted that SB 557 revised the threshold for discrepancies to be considered "reasonable cause" to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This year's version, does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state's acceptance of those deliveries. SB 1246 provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency shall pay within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.
According to the Author
According to the author's office, "California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities."
Arguments in Support
A coalition of supporters, including the California Nonprofit Association, write that "in October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state's health, human services, environmental, education, and other vital priorities." Specifically, "SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy."
Arguments in Opposition
None on file
FISCAL COMMENTS
- According to the Assembly Appropriations Committee analysis, "Costs of approximately $170,000 each year for two years to the Department of General Services (DGS) for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
- Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund (GF) or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment of those contracts and grants."
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Archuleta, Newman
ASM GOVERNMENTAL ORGANIZATION: 19-0-3
YES: Blanca Rubio, Lackey, Addis, Bains, Bryan, Cervantes, Davies, Dixon, Gabriel, Gipson, Low, McKinnor, Pacheco, Papan, Jim Patterson, Soria, Ta, Valencia, Wallis
ABS, ABST OR NV: Haney, Jones-Sawyer, Ramos
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: February 15, 2024
CONSULTANT: Eric Johnson / G.O. / (916) 319-2531 FN: 0003929
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 1246
Author:(Limón) – As Introduced Ver:February 15, 2024
Policy Committee: | Governmental Organization | Vote: | 19 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands the California Prompt Payment Act (PPA) to cover additional grant or contract payments to a 501(c)(3) nonprofit organization.
Specifically, this bill:
- Revises the definition of “grant” to additionally mean a signed final agreement between any state agency and a 501(c)(3) nonprofit organization.
- Requires a state agency to pay the undisputed portion of an invoice within 45 days of receipt if the disputed amount is equal to or less than the lesser of: (a) $250 or (b) 5% of the total invoice amount.
- Repeals the limitation allowing a nonprofit organization to be eligible for a penalty payment only if the contract or grant is less than $500,000, thus allowing a nonprofit organization with a contract or grant of any value to be eligible for the penalty payment.
FISCAL EFFECT:
- Costs of approximately $170,000 each year for two years to the Department of General Services (DGS) for an additional staff position to interpret and implement guidance to state agencies regarding PPA expansion (Service Revolving Fund). Workload includes updating regulations and the State Contracting Manual, as well as training for state procurement professionals. Additionally, costs of $85,000 annually to DGS for additional staff workload to calculate disputed contract amounts to determine whether timely payment of the undisputed amount is due, as well as to work with those contractors to resolve errors or issues. DGS notes that these latter resources would not be required if the calculation threshold is removed from the bill.
- Costs of an unknown, but potentially significant, amount across state agencies to the extent additional penalty payments are incurred by state agencies, as this bill expands the scope of grants covered by the PPA generally and the scope of contracts and grants eligible for the penalty payment, including entities entitled to the higher penalty rate (General Fund (GF) or special funds). Or, in attempt to avoid penalties, state agencies may incur potentially significant administrative costs to ensure timely payment of those contracts and grants.
According to the Legislative Analyst’s Office, the GF faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contract payments from the state, in a timely manner, for the betterment of their communities.
This bill is supported by the California Association of Nonprofits and a large coalition of individual nonprofit organizations.
- PPA. The PPA requires a state agency that acquires property or services pursuant to a contract with a business to pay undisputed invoices within 45 days of receipt or be subject to a late payment penalty. The PPA also extends to a grant awarded by a state agency. However, a “grant” under the PPA is limited to a signed final agreement between a state agency and a local government agency or organization for victim services, prevention programs, or restoration activities performed by a resource conservation district. This bill expands the scope of the PPA by further defining a “grant” to mean a signed final agreement between any state agency and a nonprofit organization.
The PPA allows a state agency to dispute an invoice for “reasonable cause” if the state agency notifies the claimant within 15 days. This bill specifies a state agency must pay the undisputed portion of an invoice within 45 days of receipt if the disputed amount is equal to or less than the lesser of: (a) $250 or (b) 5% of the total invoice amount.
The late payment penalty amount depends on the type of claimant. If the claimant is a resource conservation district, small business, nonprofit organization, or nonprofit public benefit corporation, a state agency must pay the claimant a penalty at a rate of 10% above the United States Prime Rate (currently 8.50%). However, a nonprofit organization is only eligible for the penalty payment on a contract or grant that is less than $500,000. This bill repeals this limitation, making a nonprofit organization with a contract or grant of any size eligible for the penalty payment.
- Related Legislation. SB 557 (Limon) is similar to this bill, except SB 557 does not include provisions regarding timely payment of the undisputed portion of an invoice, but instead further defines what constitutes a “reasonable cause” for a dispute. SB 557 was vetoed by Governor Newsom, who stated:
However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state’s fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
This bill acknowledges the Governor’s stated concerns by suspending the 45-day payment requirement for only the disputed portion of an invoice. However, the undisputed portion of the invoice must be paid within 45 days.
SB 336 (Umberg) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its grant program application. SB 336 is pending on the Assembly Inactive File.
AB 2322 (Hart) imposes requirements on the administration of short-term grants of $20,000 or less made by a state agency or third-party contractor using state funds. AB 2322 is pending in the Senate Appropriations Committee.
Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081
Date of Hearing: June 19, 2024
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Blanca Rubio, Chair
SBPCA Bill Id:SB 1246
Author:(Limón) – As Introduced Ver:February 15, 2024
SENATE VOTE: 37-0
SUBJECT: California Prompt Payment Act: nonprofit organizations
SUMMARY: This bill would revise the California Prompt Payments Act (PPA) by expanding the definition of a “grant” to include a signed final agreement between any state agency and a nonprofit organization; requires a state agency disputing an invoice from a nonprofit organization to pay the undisputed portion of the invoice, as specified; removes the $500,000 threshold on contracts or grants with nonprofit organizations eligible for late payments; and adds nonprofit organizations to the list of entities in state agencies’ and the Department of General Services (DGS) late payment penalty reports, as specified. Specifically, this bill:
1) Expands the definition of a “grant” to also mean a signed final agreement between any state agency and a nonprofit organization.
2) Requires, if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.
3) Removes the exception in existing law whereby a nonprofit organization is only eligible to receive a penalty payment if it has been awarded a contract or grant in the amount less than $500,000.
4) Adds “nonprofit organizations” to the list of entities state agencies that are required to report to DGS on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
5) Revises the definition of “nonprofit organization” to mean an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
6) Makes technical and conforming changes.
EXISTING LAW:
1) The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
2) Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
3) Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
4) Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
5) Requires, on an annual basis, state agencies to provide the DGS with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
6) Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
7) Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel.
COMMENTS:
Purpose of the bill. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
Background.
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. A late payment may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill expands the current definition of “grant” in existing law to also mean a signed final agreement between any state agency and a nonprofit organization. Additionally, AB 1246 removes the cap of only paying a late penalty to a nonprofit organization if the contract is for $500,000 or less. This bill requires state agencies to include penalty payments made to nonprofits in their existing annual penalty payment reporting to DGS.
This bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Action by Assembly and Senate Select Committees. On February 17, 2022, the Assembly and Senate Select Committees on the Nonprofit Sector held a joint hearing featuring panelists and public comment from nonprofit leaders across the state. The hearing, entitled, "A Blueprint to Ensure Nonprofits are Supported and Thrive during Future Emergencies" focused on the challenges nonprofits faced in implementing programs during the height of the COVID-19 Pandemic.
The committees concluded that government contracting challenges remain a key barrier for nonprofits providing needed services. "Strong government-nonprofit partnerships are vital to ensure Californians have access to quality services and programs, to support the nonprofit sector as key employers in the state, and to bolster economic recovery, particularly in historically underserved communities."
Run It Back. This bill is distinctly similar to SB 557 (Limon of 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
The bill passed legislature unanimously, however Governor Newsom vetoed it, writing:
“This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract.
“Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
“I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
“My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.”
It should be noted that SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This year’s version, does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. SB 1246 provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency shall pay within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of $250 and 5% of the total amount of the invoice.
In support. A coalition of supporters, including the California Nonprofit Association, write that “in October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.” Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
The California Coalition for Community Investment writes in support, “exemptions in the PPA statute place an undue financial burden on the organizations that can least afford it – in particular, smaller nonprofits and those serving disadvantaged communities are disproportionately harmed by these practices. SB 1246 increases equity for nonprofits and ensures that California nonprofits can receive additional grants and contracts for the betterment of their communities. Many organizations, including nonprofits, experience delays in grant awarded payments from state agencies resulting from minor discrepancies, including rounding up or down by a single dollar. As a result, payments to nonprofits are often delayed due to these minor discrepancies. This bill revises the discrepancy to lessen the burden of late grant payments. SB 1246 places nonprofits on equal footing with the rest of California’s grants and contracts partners and is essential for ensuring all nonprofits can access important grant funding and receive that funding in a reasonable time so they can perform their essential work.”
Related legislation. SB 336 (Umberg) of 2023. This bill would require a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Pending on the Assembly Inactive File)
AB 2322 (Hart) of 2024. This bill would streamline the process of applying for and receiving small state grants, particularly those not exceeding $20,000 and with a duration of less than 12 months, and requires the creation of a more accessible and equitable grant application process, as specified. The bill also requires the expansion of the California Grants Portal (a project by the California State Library) to include specified information about such grants. (Pending in Senate Committee on Governmental Organization)
AB 3017 (Hart) of 2024. This bill would add a federally recognized Native American tribe with territorial boundaries within California to the definition of a “recipient entity” eligible to receive an advance payment of a state grant or contract. (Pending in Senate Committee on Governmental Organization)
Prior Legislation. SB 557 (Limon) of 2023). This bill would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
AB 590 (Hart), Chapter 535, Statutes of 2023. Authorized a state agency administering a grant program to provide for advance payments to a recipient 501(c)(3) nonprofit organization, as specified. The advanced payment shall not exceed 25% of the total grant or contract amount, unless the state agency determines that the project requires a larger advance and the recipient entity provides sufficient justification and documentation for that larger amount.
AB 156 (Committee on Budget), Chapter 569, Statutes of 2022. Authorized, until July 1, 2025, state agencies administering specified programs to advance payments to local agencies, nongovernmental entities, and other state agencies if certain criteria are met including requiring advance payment recipients to provide an itemized budget, spending timeline, and work plan.
SB 1069 (Umberg) of 2021-22. This bill was similar to SB 336 (Umberg) of 2023, but would have required DGS to establish a state standard negotiated cost rate agreement for indirect cost reimbursements for grantees that did not have an existing NICRA. (Assembly Appropriations Committee – Held under submission)
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Nonprofits
California Coalition for Community Investment
California Coalition on Government Contracting
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Partnership to End Domestic Violence
California Releaf
Calnonprofits
Cameo - California Association for Micro Enterprise Opportunity
Center for Nonprofit Management
Child Abuse Prevention Center
Children's Institute
Community Alliance With Family Farmers
Community Bridges
Community Water Center
El Concilio of Stockton
Fresno Building Healthy Communities
Healthright 360
Inland Empire Community Collaborative
Inland Southern California United Way
Koreatown Youth + Community Center
Los Angeles Area Chamber of Commerce
Meals on Wheels California
Nonprofit Finance Fund (NFF)
Path
REDF
Rural Community Assistance Corporation (RCAC)
Santa Cruz Volunteer Center
Self-help Enterprises
The Greenlining Institute
Treepeople
United Ways of California
Opposition
None on file
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1246 |
CONSENT
Bill No: SB 1246
Author: Limón (D)
Introduced: 2/15/24
Vote: 21
SENATE GOVERNMENTAL ORG. COMMITTEE: 14-0, 4/9/24
AYES: Dodd, Wilk, Alvarado-Gil, Archuleta, Bradford, Glazer, Jones, Nguyen, Ochoa Bogh, Padilla, Portantino, Rubio, Seyarto, Smallwood-Cuevas
NO VOTE RECORDED: Ashby, Roth
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: California Prompt Payment Act: nonprofit organizations
SOURCE: Author
DIGEST:
This bill, for the purposes of the California Prompt Payment Act (PPA), expands the definition of the term “grant” to additionally mean a signed final agreement between any state agency and a nonprofit organization, deletes existing nonprofit penalty exceptions for contracts less than $500,000, and requires a state agency that is disputing an invoice from a nonprofit organization to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice, as specified.
ANALYSIS:
Existing law:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
- Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the Department of General Services (DGS) with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
This bill:
- Expands the definition of “grant” to also mean a signed final agreement between any state agency and a nonprofit organization.
- Requires a state agency, if that state agency disputes an invoice received from a nonprofit organization claimant, to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of the following:
- Two hundred fifty dollars ($250).
- Five percent of the total amount of the invoice.
- Removes the exception in existing law whereby a nonprofit organization is only eligible to receive a penalty payment if it has been awarded a contract or grant in the amount less than $500,000.
- Adds “nonprofit organizations” to the report state agencies are required to provide DGS on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Revises the definition of “nonprofit service organization” to mean a nonprofit organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
Background
Author Statement. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. Late payments may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill expands the current definition of “grant” in existing law to also mean a signed final agreement between any state agency and a nonprofit organization. Additionally, this bill removes the cap of only paying a late penalty to a nonprofit organization if the contract is for $500,000 or less. This bill requires state agencies to include penalty payments made to nonprofits in their existing annual penalty payment reporting to DGS.
This bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
It’s Déjà Vu All Over Again. This bill is substantially similar to SB 557 (Limon, 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
That bill unanimously passed both houses of the legislature, however Governor Newsom vetoed the bill, writing:
“This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract.
“Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
“I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
“My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.”
Notably, SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This bill does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. Rather, this bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Related/Prior Legislation
SB 336 (Umberg, 2023) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Pending on the Assembly Inactive File)
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, DGS estimates:
- One-time cost of approximately $340,000 ($170,000 per year for a two year period) to DGS’s Procurement Division’s (PD) Office of Policies, Procedures, and Legislation for limited-term workload associated with interpreting and providing guidance to state agency procurement professionals.
- Ongoing annual cost of approximately $75,000 for additional workload to DGS’s PD and Office of Legal Services to process contract disputes and resolve issues.
- Unknown, potentially significant fiscal impact to state agencies to address modified PPA requirements and penalties, to the extent that the state may pay more late payment penalties from lifting the $500,000 contract threshold for nonprofits or from paying multiple times for goods and services that were not delivered by previous contractors related to disputed invoices (General Fund and various special funds).
- Absorbable workload for DGS’s Office of Small Business/Disabled Veteran Business Enterprise Services to revise forms and provide updates to qualified businesses.
SUPPORT: (Verified 5/16/24)
California Association of Nonprofits
California Coalition for Community Investment
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Partnership to End Domestic Violence
California ReLeaf
Center for Nonprofit Management
Child Abuse Prevention Center
Children's Institute
Community Alliance With Family Farmers
Community Bridges
Community Water Center
El Concilio of Stockton
Fresno Building Healthy Communities
HealthRight 360
Inland Empire Community Collaborative
Inland Southern California United Way
Koreatown Youth + Community Center
Los Angeles Area Chamber of Commerce
Meals on Wheels California
Nonprofit Finance Fund
PATH
REDF
Rural Community Assistance Corporation
Santa Cruz Volunteer Center
Self-Help Enterprises
The Greenlining Institute
TreePeople
United Ways of California
OPPOSITION: (Verified 5/16/24)
None received
ARGUMENTS IN SUPPORT: In support of the bill, the coalition of nonprofits listed above jointly write that in “October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.”
Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
Further, supporters state, as an example, that the “California Child Care Resource and Referral Network has annual revenues of approximately $7 million and carries $2.7 million – almost half their income – in receivables from the State of California. Carrying 40 percent of income as a receivable would make any business struggle. It can take anywhere from 30 days to eight months for the state to remit payment on contracts after nonprofits submit invoices. One nonprofit that contracts with the Department of Corrections and Rehabilitation typically waits 45-60 days after the end of the month (arrears) to be paid. Other nonprofits report waiting up to ten months for payment on undisputed invoices. Many organizations have experienced delays in payments resulting from minor discrepancies, including rounding up or down by a single dime. As a result, payments to nonprofit organizations are often delayed due to minor discrepancies. That’s why SB 1246 proposes to require prompt payment unless the discrepancy is greater than $250 or five percent of the invoice, whichever is smaller. The state can still pursue the discrepancy but cannot refuse to pay the invoice on time over such small amounts.”
Prepared by: Brian Duke / G.O. / (916) 651-1530
5/17/24 17:19:26
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 1246 (Limón) - California Prompt Payment Act: nonprofit organizations
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
SB 1246 revises the California Prompt Payments Act (PPA) by expanding the definition of a “grant” to include a signed final agreement between any state agency and a nonprofit organization; requires a state agency disputing an invoice from a nonprofit organization to pay the undisputed portion of the invoice, as specified; removes the $500,000 threshold on contracts or grants with nonprofit organizations eligible for late payments; and adds nonprofit organizations to the list of entities in state agencies’ and Department of General Services’ late payment penalty reports, as specified.
Fiscal Impact:
The Department of General Services (DGS) estimates:
- One-time cost of approximately $340,000 ($170,000 per year for a two year period) to DGS’s Procurement Division’s (PD) Office of Policies, Procedures, and Legislation for limited-term workload associated with interpreting and providing guidance to state agency procurement professionals.
- Ongoing annual cost of approximately $75,000 for additional workload to DGS’s PD and Office of Legal Services to process contract disputes and resolve issues.
- Unknown, potentially significant fiscal impact to state agencies to address modified PPA requirements and penalties, to the extent that the state may pay more late payment penalties from lifting the $500,000 contact threshold for nonprofits or from paying multiple times for goods and services that were not delivered by previous contractors related to disputed invoices (General Fund and various special funds).
- Absorbable workload for DGS’s Office of Small Business/Disabled Veteran Business Enterprise Services to revise forms and provide updates to qualified businesses.
Background:
The PPA requires state agencies that acquire property or services pursuant to a contract with a business to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties.
The payment “clock” starts on the date of an undisputed invoice by state agency personnel. If an invoice is disputed for reasonable cause, the penalty clock is stopped until the dispute is resolved.
Existing law specifies that penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
Proposed Law:
- Expands the definition of a “grant” to also mean a signed final agreement between any state agency and a nonprofit organization.
- Revises the definition of “nonprofit organization” to mean an organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
- For disputed invoices, requires a state agency to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total invoice amount, whichever is lower.
- Removes the $500,000 threshold on contracts with or grants for nonprofit organizations eligible for late payments under the PPA.
- Adds nonprofit organizations to the list of entities state agencies are required to report to DGS on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year
- Makes technical and conforming changes.
Related Legislation:
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. SB 557 was vetoed.
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Bill Dodd
Chair
2023 - 2024 Regular
Bill No: 1246 Hearing Date: 4/9/2024
Author: | |||
Version: | 2/15/2024 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Brian Duke | ||
SUBJECT: California Prompt Payment Act: nonprofit organizations
DIGEST: This bill, for the purposes of the California Prompt Payment Act (PPA), expands the definition of the term “grant” to additionally mean a signed final agreement between any state agency and a nonprofit organization, deletes existing nonprofit penalty exceptions for contracts less than $500,000, and requires a state agency that is disputing an invoice from a nonprofit organization to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice, as specified.
ANALYSIS:
Existing law:
- The PPA requires a state agency that awards a grant or that acquires property or services pursuant to a contract to make timely payments pursuant to the grant or contract.
- Requires a state agency, to avoid late payment penalties, to make payment within 45 days of the receipt of an undisputed invoice, as specified.
- Requires an exception from those penalty provisions if the grant or contract was awarded to a nonprofit organization in an amount less than $500,000.
- Authorizes a state agency to dispute for reasonable cause an invoice, refund requests, or claim for Medi-Cal reimbursement, as specified.
- Requires, on an annual basis, state agencies to provide the Department of General Services (DGS) with a report on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Defines the term “grant” to mean a signed final agreement between any state agency and a local government agency or organization authorized to accept grant funding for victim services or prevention programs administered for any state agency, or restoration activities performed by a resource conservation district.
- Defines “nonprofit service organization” to mean a nonprofit entity that is organized to provide services to the public.
This bill:
- Expands the definition of “grant” to also mean a signed final agreement between any state agency and a nonprofit organization.
- Requires a state agency, if that state agency disputes an invoice received from a nonprofit organization claimant, to pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than the lesser of the following:
- Two hundred fifty dollars ($250).
- Five percent of the total amount of the invoice.
- Removes the exception in existing law whereby a nonprofit organization is only eligible to receive a penalty payment if it has been awarded a contract or grant in the amount less than $500,000.
- Adds “nonprofit organizations” to the report state agencies are required to provide DGS on late payment penalties that were paid by the state agency in accordance with the PPA during the preceding fiscal year.
- Revises the definition of “nonprofit service organization” to mean a nonprofit organization that qualifies as an exempt organization under Section 501(c)(3) of the Internal Revenue Code.
Background
Author Statement. According to the author’s office, “California nonprofits are a bridge to our local communities, ensuring that critical services are accessible to residents while contributing to their regional, social, and economic growth. SB 1246 increases equity for nonprofits and ensures that nonprofits receive grants and contact payments from the state, in a timely manner, for the betterment of their communities.”
California’s Prompt Payment Act. Under the PPA, state agencies that acquire property or services pursuant to a contract with a business are required to make payment on the date required by the contract, or within 45 days of the state agency's receipt of an undisputed invoice. If this requirement is not met, state agencies must automatically calculate and pay appropriate late payment penalties as specified in Government Code Section 927, et seq. Late payments may occur for a variety of reasons, including administrative decisions relating to cash flow, bond sales, or delays in meeting conditions set forth in federal legislation.
Existing law specifies that state agencies pay applicable penalties, without requiring the claimant to submit an additional invoice for these amounts, whenever the state agency fails to submit a correct claim to the State Controller by the required payment approval date and payment is not issued within 45 calendar days from the state agency receipt of an undisputed invoice. Penalties paid by a state agency to a certified small business, nonprofit organization, nonprofit public benefit corporation, and a small business or nonprofit that provides services or equipment under Medi-Cal shall be calculated at a rate of 10% above the United State Prime Rate on June 30th of the prior year.
Additionally, the PPA provides that if the Controller fails to make payment within 15 calendar days of receipt of the claim from a state agency, and payment is not issued within 45 calendar days from state agency receipt of an undisputed invoice, the Controller shall pay applicable penalties to the claimant without requiring that the claimant submit an invoice for these amounts. If the claimant is a resource conservation district, a certified small business, a nonprofit organization, a nonprofit benefit corporation, or a small business or nonprofit organization that provides services or equipment under the Medi-Cal program, the controller must pay a penalty at a rate of 10% above the United State Prime Rate on June 30 of the prior fiscal year, as specified.
However, existing law specifies that for the late payment penalty provisions of the PPA described above, a nonprofit organization is only eligible to receive a penalty payment if the contract or grant is an amount less than $500,000. Since 2013, DGS has overseen the PPA to ensure that government agencies, in a timely manner, pay their contracts awarded to a certified small business or nonprofit. The PPA indicates that nonprofits are only eligible to receive a penalty payment if the grant or contract awarded is an amount less than $500,000. Hence, the PPA only applies to a limited set of grants, excluding numerous nonprofits that provide essential services to California communities.
This bill expands the current definition of “grant” in existing law to also mean a signed final agreement between any state agency and a nonprofit organization. Additionally, this bill removes the cap of only paying a late penalty to a nonprofit organization if the contract is for $500,000 or less. This bill requires state agencies to include penalty payments made to nonprofits in their existing annual penalty payment reporting to DGS.
This bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
It’s Déjà Vu All Over Again. This bill is substantially similar to SB 557 (Limon, 2023) which sought to expand the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and setting a specific monetary threshold of $250 or five percent of the invoiced amount for when a state agency can dispute a bill related to property or services delivered.
That bill unanimously passed both houses of the legislature, however it was vetoed by Governor Newsom who, in part, wrote:
This bill would extend Prompt Payment Act requirements and penalties to all grants to nonprofit organizations and makes nonprofit organizations eligible for the higher penalty rate paid to small businesses, regardless of the size of the grant or contract.
Additionally, for disputed invoices regarding the quantity of goods or services delivered to or accepted by the state, this bill would provide that the dispute suspends the requirement to pay within 45 days only if the disputed portion exceeds five percent of the invoiced amount or $250, whichever is less. This provision would cover all state contractors and grantees, not just nonprofit organizations.
I appreciate the role nonprofit organizations play in supporting our state's communities and economy, and I thank the author for the continued commitment to this critical sector. However, being able to suspend the 45-day requirement in a dispute over the quantity of goods or services provided is essential to the state's fiduciary responsibility and accountability as a distributor of public funds. Moreover, establishing a minimum discrepancy amount to suspend the 45-day requirement could pressure state employees to pay invoices with missing documentation to avoid having to report a late payment penalty.
My Administration remains committed to working with nonprofit organizations to support the sector's ability to deliver programs and support communities, while also balancing the need for accountability for state funds. I look forward to working with stakeholders on the implementation of related efforts, and I encourage the author and stakeholders to continue working with my administration on the overarching goals of this bill, while addressing accountability concerns.
Notably, SB 557 revised the threshold for discrepancies to be considered “reasonable cause” to include when there is a discrepancy of an amount greater than $250 or five percent of the invoiced amount, whichever is lesser. This bill does not specify a threshold for discrepancies between the invoice or claimed amount and the actual delivery of property or services or the state’s acceptance of those deliveries. Rather, this bill provides that if a state agency disputes an invoice received from a nonprofit organization claimant, the state agency must pay, within 45 calendar days from receipt of the invoice, the undisputed portion of the invoice if the disputed amount is equal to or less than $250 or five percent of the total amount of the invoice.
Prior/Related Legislation
SB 336 (Umberg, 2023) requires a state agency administering a grant program to reimburse a grantee’s indirect costs at one of three specified rates requested by the grantee in its state grant program application. (Pending on the Assembly Inactive File)
SB 557 (Limon, 2023) would have expanded the definition of a grant for the purposes of the PPA requiring timely payments to include nonprofits by changing what is considered a grant and sets a specific monetary threshold of $250 or five percent of the invoiced amount (whichever is lower) for when a state agency can dispute a bill related to property or services delivered. (Vetoed by Governor Newsom)
AB 590 (Hart, Chapter 535, Statutes of 2023) authorizes a state agency administering a grant program to provide for advance payments to a recipient 501(c)(3) nonprofit organization, as specified.
AB 1776 (Gallagher, Chapter 455, Statutes of 2022) adds a resource conservation district (RCD) to the list of entities entitled to a late payment penalty from the state, as specified, and exempts contracts with RCDs from specified extension provisions, as specified.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
SUPPORT:
California Association of Nonprofits (CalNonprofits)
California Coalition for Community Investment
California Council of Community Behavioral Health Agencies
California Family Resource Association
California Partnership to End Domestic Violence
California ReLeaf
Center for Nonprofit Management
Child Abuse Prevention Center
Children's Institute
Community Alliance with Family Farmers
Community Bridges
Community Water Center
El Concilio of Stockton
Fresno Building Healthy Communities
HealthRight 360
Inland Empire Community Collaborative
Inland Southern California United Way
Koreatown Youth + Community Center
Meals on Wheels California
Nonprofit Finance Fund
PATH
Rural Community Assistance Corporation
Santa Cruz Volunteer Center
Self-Help Enterprises
The Greenlining Institute
TreePeople
United Ways of California
OPPOSITION:
None received
ARGUMENTS IN SUPPORT: In support of the bill, the coalition of nonprofits listed above jointly write that in “October 2022, more than 550 nonprofit, philanthropic, and community leaders representing organizations headquartered in 41 counties wrote to Governor Newsom and other state leaders requesting improvements to state contracting processes. These changes would bolster the nonprofit sector, on which the state relies, and improve outcomes for the communities these nonprofits serve. Members of the driving force behind this letter – the California Coalition on Government Contracting – came together to share ideas for improving the ways nonprofits and the state work together to use taxpayer dollars equitably, fairly, and efficiently in service of our state’s health, human services, environmental, education, and other vital priorities.”
Specifically, “SB 1246 responds to the impact the pandemic has had on our communities, the need to address equity and inequality in access to state resources, and the imperative to support strong and varied community-based organizations to address increased need. SB 1246 levels the playing field for nonprofits regarding prompt payment on grants and contracts. Too many nonprofit reimbursement requests are delayed because there is no incentive to prioritize them, disadvantaging organizations that are working to support California communities and growing our economy.”
Further, supporters state, as an example, that the “California Child Care Resource and Referral Network has annual revenues of approximately $7 million and carries $2.7 million – almost half their income – in receivables from the State of California. Carrying 40 percent of income as a receivable would make any business struggle. It can take anywhere from 30 days to eight months for the state to remit payment on contracts after nonprofits submit invoices. One nonprofit that contracts with the Department of Corrections and Rehabilitation typically waits 45-60 days after the end of the month (arrears) to be paid. Other nonprofits report waiting up to ten months for payment on undisputed invoices. Many organizations have experienced delays in payments resulting from minor discrepancies, including rounding up or down by a single dime. As a result, payments to nonprofit organizations are often delayed due to minor discrepancies. That’s why SB 1246 proposes to require prompt payment unless the discrepancy is greater than $250 or five percent of the invoice, whichever is smaller. The state can still pursue the discrepancy but cannot refuse to pay the invoice on time over such small amounts.”
Discussed in Hearing
Assembly Floor
Assembly Standing Committee on Appropriations
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):