BILL AS INTRODUCED H.233 2025 Page 1 of 7 VT LEG #379274 v.1 H.233 1 Introduced by Representatives Nugent of South Burlington, Brown of 2 Richmond, Carris-Duncan of Whitingham, Cina of Burlington, 3 Cole of Hartford, Hooper of Burlington, Krasnow of South 4 Burlington, Lalley of Shelburne, Logan of Burlington, McGill 5 of Bridport, Minier of South Burlington, Mrowicki of Putney, 6 Olson of Starksboro, Pouech of Hinesburg, Priestley of 7 Bradford, Rachelson of Burlington, Torre of Moretown, and 8 Waszazak of Barre City 9 Referred to Committee on 10 Date: 11 Subject: Executive; grants; funding; prompt execution and payment 12 Statement of purpose of bill as introduced: This bill proposes to require the 13 Secretary of Administration to update Administrative Bulletin 5 to include a 14 process for nonprofits to use an indirect rate higher than the de minimis rate 15 and to require a State agency issuing a grant to promptly execute the grant and 16 to promptly pay expenses on the grant submitted by an organization. 17 An act relating to requirements for State-funded grants 18 BILL AS INTRODUCED H.233 2025 Page 2 of 7 VT LEG #379274 v.1 It is hereby enacted by the General Assembly of the State of Vermont: 1 Sec. 1. GRANT APPLICATIONS AND AGREEMENT S; INDIRECT 2 RATES FOR NONPROFITS; BULLETIN 5 3 On or before July 1, 2025, the Secretary of Administration shall include in 4 Administrative Bulletin 5, Policy for Grant Issuance and Monitoring, a 5 uniform formula and approval process for use in all State-funded grants for 6 nonprofit corporations to use an indirect rate higher than the standard de 7 minimis rate, pursuant to 2 C.F.R. § 200.332(b)(4). 8 Sec. 2. PROMPT EXECUTION OF GRANT AGREEMENTS AND 9 PROMPT PAYMENT OF GRANT FUNDS ; REPORTING; 10 BULLETIN UPDATE 11 (a) Execution of grant agreements. 12 (1) A State agency shall execute a State-funded grant agreement with an 13 organization not later than 30 days after: 14 (A) funds are appropriated in the budget to the agency for the 15 purposes of a grant agreement between the agency and organization; or 16 (B) notice, either written or verbal, of an award of a State-funded 17 grant is provided by the granting agency to the organization. 18 (2) If a granting agency is unable to execute a State-funded grant 19 agreement pursuant to the terms set forth in subdivision (1) of this subsection, 20 BILL AS INTRODUCED H.233 2025 Page 3 of 7 VT LEG #379274 v.1 the granting agency shall submit in writing an explanation to the Agency of 1 Administration as to why it was unable to meet its obligation. 2 (b) Prompt payment. 3 (1) For all executed State-funded grant agreements, the granting agency 4 shall pay the grantee within 30 days after receipt of a valid written request for 5 payment from the grantee. A written request for payment from the grantee is 6 valid if it meets the requirements in the executed grant agreement between the 7 granting agency and grantee. 8 (2) If a granting agency is unable to promptly pay the grantee of a State-9 funded grant agreement pursuant to the terms set forth in subdivision (1) of this 10 subsection, the granting agency shall submit in writing an explanation to the 11 Agency of Administration as to why it was unable to meet its obligation. 12 (c) Reporting. The Agency of Administration shall: 13 (1) create an online form on its website where grantees awarded State-14 funded grants are able to provide notice that a granting agency did not timely: 15 (A) execute a State-funded grant agreement pursuant to subdivision 16 (a)(1) of this section; or 17 (B) pay the grantee upon receiving a valid written request for 18 payment pursuant to subdivision (b)(1) of this section; and 19 BILL AS INTRODUCED H.233 2025 Page 4 of 7 VT LEG #379274 v.1 (2) create a publicly accessible database on its website that displays all 1 nonconfidential information submitted by grantees pursuant to subdivision (1) 2 of this subsection. 3 (d) Update bulletin. On or before July 1, 2025, the Secretary of 4 Administration shall update Administrative Bulletin 5, Policy for Grant 5 Issuance and Monitoring, with the language provided in this section. 6 Sec. 3. WORKING GROUP ON STATE GRANT PROCESSES 7 (a) Creation. There is created the Working Group on State Grant Processes 8 for the purpose of assessing the State’s current grant awarding procedures. 9 (b) Membership. The Working Group shall be composed of the following 10 members: 11 (1) the Secretary of Administration or designee; 12 (2) one representative of Common Good Vermont, selected by the 13 Director of Common Good Vermont; 14 (3) two representatives, each of different nonprofit organizations, 15 selected by the Director of Common Good Vermont, who have received a 16 State-funded grant within 12 months of July 1, 2025; 17 (4) one member of the Vermont House of Representatives, appointed by 18 the Speaker of the House; 19 (5) one member of the Vermont Senate, appointed by the Senate 20 Committee on Committees; and 21 BILL AS INTRODUCED H.233 2025 Page 5 of 7 VT LEG #379274 v.1 (6) one representative of the Department of Finance and Management, 1 appointed by the Governor. 2 (c) Meetings. 3 (1) The Secretary of Administration or designee shall call the first 4 meeting of the Working Group to occur on or before September 1, 2025. 5 (2) The Working Group shall select a chair from among its members at 6 the first meeting. 7 (3) A majority of the membership shall constitute a quorum. 8 (4) The Working Group shall meet not fewer than eight times. 9 (5) The Chair may establish subcommittees to perform the work set 10 forth in this section. 11 (d) Powers and duties. The Working Group shall: 12 (1) assess the State’s current grant and contracting funding levels and 13 determine whether the State should review cost of living or other inflationary 14 adjustments on a regular basis; 15 (2) assess, due to delayed reimbursement from granting agencies, how 16 the need to obtain bridge loans and lines of credit have impacted nonprofits 17 and their ability to provide services to the State; 18 (3) assess the grant and contracting processes of the Agency of Human 19 Services to identify best practices and areas needing improvement; 20 BILL AS INTRODUCED H.233 2025 Page 6 of 7 VT LEG #379274 v.1 (4) determine how to increase the number of State-funded grants that do 1 not require reimbursement; 2 (5) recommend solutions to improve reimbursement practices and 3 processes of State-funded grants; 4 (6) identify system improvements that would simplify the State-funded 5 grant application and reporting processes; 6 (7) examine ways to ensure consistency between State and federal 7 indirect rates, including: 8 (A) reviewing the process for nonprofit organizations to qualify for 9 an indirect rate above the standard rate; and 10 (B) honoring federal indirect rates; 11 (8) analyze the impact of State-funded grants being executed more than 12 30 days after a notice of award is issued; 13 (9) analyze the impact of agencies not paying grantees within 30 days 14 after receiving a written request for payment on a grant; and 15 (10) consider related issues that arise during the course of the Working 16 Group’s duties as set forth in this section. 17 (e) Assistance. The Working Group shall have the administrative and 18 technical assistance of the Joint Fiscal Office and the administrative, legal, and 19 technical assistance of the Agency of Administration. 20 BILL AS INTRODUCED H.233 2025 Page 7 of 7 VT LEG #379274 v.1 (f) Reporting. The Working Group shall submit a written report to the 1 House Committee on Government Operations and Military Affairs and the 2 Senate Committee on Government Operations with its recommendations based 3 on the analysis conducted pursuant to this section on or before September 1, 4 2026. 5 (g) Compensation and reimbursement. 6 (1) For attendance at meetings during adjournment of the General 7 Assembly, a legislative member of the Working Group serving in the 8 member’s capacity as a legislator shall be entitled to per diem compensation 9 and reimbursement of expenses pursuant to 2 V.S.A. § 23 for not more than 10 eight meetings. 11 (2) Other members of the Working Group shall be entitled to per diem 12 compensation and reimbursement of expenses as permitted under 32 V.S.A. 13 § 1010 for not more than eight meetings. 14 (3) Payments to members of the Working Group authorized under this 15 subsection shall be made from monies appropriated to the General Assembly. 16 (h) Expiration. The Working Group shall cease to exist on December 31, 17 2026. 18 Sec. 4. EFFECTIVE DATE 19 This act shall take effect on July 1, 2025. 20