Bill Text: NY A07067 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to contingency planning by state agencies for extended federal government shutdowns; requires the secretary to oversee development of shutdown contingency plans.

Spectrum: Strong Partisan Bill (Democrat 22-2)

Status: (Introduced) 2019-07-08 - print number 7067a [A07067 Detail]

Download: New_York-2019-A07067-Amended.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      April 4, 2019

        Introduced  by  M. of A. BUCHWALD, ROZIC, CRUZ, RIVERA, GOTTFRIED, FALL,
          RAMOS -- Multi-Sponsored by -- M. of  A.  EPSTEIN  --  read  once  and
          referred  to  the Committee on Governmental Operations -- reported and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said

        AN ACT to amend the executive law, in relation to  contingency  planning
          by state agencies for extended federal government shutdowns

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative intent. The legislature finds that:
     2    a. Shutdowns of  operations  by  federal  agencies,  once  unthinkable
     3  events, are now occurring with increasing frequency and duration;
     4    b.  Such  shutdowns  may  cause  financial  hardships in this state to
     5  federal employees, whether furloughed or  required  to  report  to  work
     6  without  pay,  and  to  businesses  and  their employees involved in the
     7  provision of goods and  services  to  federal  agencies,  and  may  also
     8  adversely  impact  New  York's  economy, environment, and the people and
     9  institutions in this state who rely on programs and services provided by
    10  the federal government;
    11    c. In recent federal shutdowns  New  York  state  has  properly  taken
    12  several  steps to mitigate adverse impacts, but has not undertaken other
    13  remedial actions that have been determined to be essential in  similarly
    14  impacted states;
    15    d.  The  use of short-term continuing resolutions has made the federal
    16  budget process unpredictable, yet unlike other  states  New  York  state
    17  currently has no formal planning process for evaluation and coordination
    18  of potential mitigation measures; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7067--A                          2

     1    e.  Federal  employees  and contractors and the general public in this
     2  state would benefit from a systematic effort to develop informed contin-
     3  gency plans to ensure state agencies are prepared to initiate  proactive
     4  measures to mitigate the impacts of an extended federal shutdown.
     5    Therefore  the legislature intends by this act to provide for a flexi-
     6  ble and effective contingency planning effort to  provide  guidance  and
     7  information to each appropriate state agency on the activities it should
     8  be  prepared  to  undertake  in the event of any future extended federal
     9  shutdown.
    10    § 2. The executive law is amended by adding a new section 94-c to read
    11  as follows:
    12    § 94-c. State agency contingency planning for extended  federal  shut-
    13  downs.    1. Definitions. As   used in this section, the following terms
    14  shall have the following meanings:
    15    a. "Federal shutdown" means a lapse in funding for one or  more  oper-
    16  ations of the federal government due to the failure of the executive and
    17  congress to appropriate funding or to increase the federal debt limit;
    18    b. "Extended federal shutdown" means a federal shutdown that continues
    19  for a period of two weeks or more;
    20    c.  "Federal shutdown contingency plan" means a document setting forth
    21  the measures that a state  agency  may  take  to  mitigate  the  adverse
    22  impacts  of an extended federal shutdown on employees and contractors of
    23  federal agencies and businesses or members of the public in this state;
    24    d. "Secretary" means the secretary of state;
    25    e. "Agency" means any  state  board,  bureau,  committee,  commission,
    26  council, department, public authority, public benefit corporation, divi-
    27  sion,  office or any other governmental entity performing a governmental
    28  or proprietary function for the state of New York, except the  judiciary
    29  or  the  state legislature or any unit of local government and shall not
    30  include offices of district attorneys.
    31    2. Federal shutdown contingency planning process. a. The secretary  of
    32  state  shall  oversee  the  development  of federal shutdown contingency
    33  plans by state agencies. The secretary shall  solicit  information  from
    34  each  state  agency  that  operates  programs  that may be impacted by a
    35  federal shutdown or that may undertake efforts to mitigate the impact of
    36  an extended shutdown on employees and contractors  of  federal  agencies
    37  and  businesses or members of the public in this state. Such information
    38  shall be submitted by the agency in such form and manner as  the  secre-
    39  tary shall prescribe.
    40    b.  Each  state agency shall respond to such solicitation by providing
    41  the secretary with a draft  federal  shutdown  contingency  plan,  which
    42  shall include information as appropriate on:
    43    (i) any programs or activities of the agency that may be impacted by a
    44  loss of ongoing federal funding;
    45    (ii)  any programs or activities of the agency that may be impacted by
    46  the cessation or substantial curtailment of federal activities that  are
    47  not  identified  as  excepted  or exempted activities in the most recent
    48  shutdown contingency plan filed by a federal agency with the  office  of
    49  management and budget;
    50    (iii)  any  programs  identified  in subparagraphs (i) or (ii) of this
    51  paragraph that could be impacted to the extent that the  health,  safety
    52  or  economic  well-being  of  the  people  of  this state or the natural
    53  resources of the state could be substantially impaired;
    54    (iv) any positions at the agency that are  federally  funded  and  the
    55  ability  of the agency to pay such employees during the shutdown subject
    56  to future reimbursement;

        A. 7067--A                          3

     1    (v) any actions that could be taken by  the  agency  to  mitigate  the
     2  impacts  of  an  extended  federal  shutdown, including any actions that
     3  could be taken by the agency or by entities under  the  jurisdiction  of
     4  the  agency  that  could  mitigate  any  financial  hardships on federal
     5  employees or by businesses impacted by the shutdown;
     6    (vi)  any  actions that will be necessary to resume orderly operations
     7  upon cessation of the federal shutdown; and
     8    (vii) any other information that the secretary or  the  agency  deter-
     9  mines is appropriate for inclusion in the plan.
    10    c.  After reviewing the information submitted by an agency, the secre-
    11  tary:
    12    (i) shall determine that the submission is complete or  shall  solicit
    13  additional  information  from the agency to permit such a determination;
    14  and
    15    (ii) upon receipt of a complete submission shall approve  an  agency's
    16  federal  shutdown  contingency  plan, or shall identify any deficiencies
    17  precluding such approval and direct the agency to submit a revised  plan
    18  that addresses such deficiencies.
    19    d. The secretary shall issue guidance to agencies on the federal shut-
    20  down contingency planning process.
    21    3. Before taking any action that may have a fiscal or budgetary impli-
    22  cation the secretary shall consult with the director of the budget.
    23    4.  Each agency shall utilize its federal shutdown contingency plan to
    24  enable a rapid and effective response to any extended federal  shutdown;
    25  provided,  however,  that  no  agency shall be required to undertake all
    26  actions or any specific action that has been identified in its plan.
    27    5. Each agency shall review its federal shutdown contingency plan  and
    28  submit updates to the secretary for approval as frequently as necessary,
    29  and upon request of the secretary shall conduct such a review and submit
    30  an  updated  plan or advise the secretary that no revision is necessary.
    31  Each agency shall maintain  a  copy  of  its  current  federal  shutdown
    32  contingency  plan  on  its  website,  and the secretary shall maintain a
    33  webpage on the department of state's website  with  information  on  the
    34  federal  shutdown  contingency planning process and a link to each agen-
    35  cy's current plan.
    36    § 3. This act shall take effect immediately.