Bill Text: CA SB336 | 2023-2024 | Regular Session | Enrolled
Bill Title: State grant programs: negotiated indirect cost rates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-09-29 - In Senate. Consideration of Governor's veto pending. [SB336 Detail]
Download: California-2023-SB336-Enrolled.html
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Enrolled
September 04, 2024 |
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Passed
IN
Senate
August 30, 2024 |
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Passed
IN
Assembly
August 29, 2024 |
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Amended
IN
Assembly
August 22, 2024 |
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Amended
IN
Assembly
September 01, 2023 |
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Amended
IN
Assembly
July 06, 2023 |
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Amended
IN
Assembly
June 30, 2023 |
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Amended
IN
Assembly
June 26, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 336
| Introduced by Senator Umberg |
February 07, 2023 |
An act to add Chapter 17.5 (commencing with Section 8900) to Division 1 of Title 2 of the Government Code, relating to state grants.
LEGISLATIVE COUNSEL'S DIGEST
SB 336, Umberg.
State grant programs: negotiated indirect cost rates.
Existing law establishes the Department of General Services in the Government Operations Agency for purposes of providing centralized services of state government. Existing law establishes various state grant programs. Existing federal law provides uniform administrative requirements, cost principles, and audit requirements for federal grant awards to nonfederal entities and provides guidelines for determining direct and indirect costs, as defined, charged to federal awards.
This bill would require, unless prohibited by any other state or federal law, a state agency administering a grant program to reimburse, when awarding a grant, the grantee’s indirect costs, as defined, at one of specified rates as requested by the grantee, as defined, if the grantee disclosed the requested rate amount in their grant program application. The bill would require
distribution of indirect cost pools, as specified, if established. The bill would also authorize, unless prohibited by any other state or federal law, any applicant for a grant administered by a state agency to opt, when applying for the grant, to be reimbursed for its indirect costs at one of specified rates, if the applicant is selected as a grantee and if the applicant discloses the requested rate amount in their grant program application. The bill would make these provisions applicable to any grant program administered by a state agency, regardless of whether the funding source of the grant is state funds, federal funds, or a combination thereof.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature in enacting this act to ensure that nonprofit organizations and other eligible entities are fairly compensated by the state for the full cost of providing services funded by grants. For grant programs using state funds, the Legislature finds and declares that California state agencies should allow for reimbursement of administrative expenses for nonprofit organizations and other eligible entities that are consistent with each organization’s federally approved negotiated indirect cost rate agreement and cost allocation policy.SEC. 2.
Chapter 17.5 (commencing with Section 8900) is added to Division 1 of Title 2 of the Government Code, to read:CHAPTER 17.5. Uniform Cost Agreement for State Grants
8900.
(a) For purposes of this section, the following definitions apply:(1) “Grantee” means an applicant for a grant program that is administered by a state agency that is selected by the state agency to be awarded a grant under that program.
(2) “Existing state rate” means a rate utilized by the grantee with a state agency within the last five years.
(3) “Indirect costs” means those costs incurred for a common or joint purpose benefiting more than one objective, and not readily assignable to the cost objectives specifically benefited, without effort disproportionate to the results achieved.
(4) “Negotiated indirect cost rate agreement” means an agreement pursuant to Part 200 of Title 2 of the Code of Federal Regulations that is approved by the federal government.
(b) Unless prohibited by any other state or federal law, a state agency administering a grant program shall, when awarding a grant, reimburse the grantee’s indirect costs at one of the following rates, as requested by the grantee, if the grantee disclosed the requested rate amount in their grant program application:
(1) The grantee’s negotiated indirect cost rate, pursuant to its negotiated indirect cost rate agreement.
(2) The de minimis indirect cost rate specified in Part 200 of Title 2 of the Code of Federal Regulations.
(3) Either of the following:
(A) An existing state rate.
(B) If the grantee does not have an existing state rate, a rate proposed by the grantee in the grantee’s program application with the administering state agency.
(c) Unless prohibited by any other state or federal law, any applicant for a grant administered by a state agency may opt, when applying for the grant, to be reimbursed for its indirect costs at one of the rates described in subdivision (b), if the applicant is selected as a grantee and if the applicant discloses the requested rate amount in their grant program application.
(d) For purposes of calculating indirect costs and to facilitate equitable distribution of indirect expenses to the cost objectives served, it may be
necessary to establish a number of pools of indirect costs. Any indirect cost pools established shall be distributed to benefited cost objectives on bases that will produce an equitable result in consideration of relative benefits derived.
(e) This section applies to any grant program administered by a state agency, regardless of whether the funding source of the grant is state funds, federal funds, or a combination thereof.
