Relates to contingency planning by state agencies for extended federal government shutdowns; requires the secretary to oversee development of shutdown contingency plans.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7756
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the executive law, in relation to contingency planning
by state agencies for extended federal government shutdowns
PURPOSE OR GENERAL IDEA OF BILL:
This bill would establish a systematic, flexible and effective planning
process for actions state agencies can take to mitigate the adverse on
New Yorkers of extended Federal government shutdowns.
SUMMARY OF PROVISIONS:
Section 1 sets forth legislative findings regarding the increasing
frequency and duration of shutdowns of operations by Federal agencies,
the financial hardships and adverse impacts of such events, the steps
taken and not taken by New York State to mitigate these hardships and
impacts, the lack of a formal planning process for evaluation and coor-
dination of potential mitigation measures, and the benefits of a system-
atic, flexible and effective shutdown contingency planning effort.
Section 2 adds a new § 94-c to the Executive Law entitled "State agency
contingency planning for extended Federal shutdowns" with the following
provisions:
(1) Definitions of terms. Significant definitions include: "Extended
Federal shutdown" (one that continues for 2 weeks or more); "Federal
shutdown contingency plan" (a document setting forth the measures that a
state agency may take to mitigate the adverse impacts of an extended
Federal shutdown on employees and contractors of Federal agencies and
businesses and members of the public in this state), and "Agency" (any
state board, bureau, committee, commission, council,'department, public
authority, public benefit corporation, division, office or any other
governmental entity performing a governmental,or proprietary function
for the state of New York, except the judiciary, the state legislature,
any unit cf local government or district attorneys).
(2) Federal shutdown contingency planning process.
The Secretary of State shall oversee the development of Federal shutdown
contingency plans by state agencies and shall solicit information from
each agency that operates programs that may be impacted by a Federal
shutdown or that may undertake efforts to mitigate the impact of an.
extended shutdown on employees and contractors. of Federal agencies and
businesses or members of the public in this state.
An agency shall respond to such solicitation with a draft Federal shut-
down contingency plan, including information on programs or activities
of the agency that may be impacted by a loss of ongoing Federal funding
or by the cessation or curtailment of Federal activities (other than
Federally excepted or exempted activities) and identifying any that
could be impacted to the extent that the health, safety or economic
well-being of the people of this state or the natural resources of the
state could be substantially impaired and any Federally-funded positions
at the agency. The draft shall also identify the actions the agency
could take to mitigate the impacts of an extended Federal shutdown, any
actions needed to resume orderly operations post-shutdown and other
information deemed appropriate. The Secretary may determine an agency's
submission is complete or may solicit additional information, and upon
receipt of a complete submission shall approve an agency's Federal shut-
down contingency plan or identify any deficiencies that must be
addressed. The secretary shall issue guidance to agencies on the process
and shall consult with the Director of the Budget on any actions with
fiscal or budgetary implications.
Each agency shall utilize its Federal shutdown contingency plan to
enable a rapid and effective response to any extended Federal shutdown,
but shall not be required to undertake all actions or any specific
action that has been identified in its plan. Plans shall be updated as
frequently as necessary and copies of current Federal shutdown contin-
gency plans shall be available on agency websites and linked to the
Secretary's website.
Section 3 sets the effective date.
JUSTIFICATION:
Lapses in Federal appropriations and discontinuance of operations were
once almost unheard of, but are now occurring with greater frequency and
duration. In the recent federal shutdown of 2018-2019, tens of thousands
of Federal workers and Federal contractors were unpaid. There were also
potentially dire impacts on the public that could affect everything from
tax refunds to air traffic safety to food stamps.
This time around, New York State undertook various actions to mitigate
impacts, such as assistance with utility bills for affected families,
directing tuition deferrals at 'SUNY and CUNY colleges, and expanding
help to those seeking unemployment insurance or public assistance bene-
fits. However, actions taken or planned by other states suggest that New
York may have overlooked areas of needed assistance - including partner-
ing with banks for no-cost loans, providing for breaks on credit card
and auto payments and committing to paying unemployment insurance for
Federal excepted employees who must report to work without being paid,
even if it would mean New York could lose the Federal share of UI admin-
istrative costs.
In other states, such as.Massachusetts, a formal Federal shutdown
contingency planning process has already been implemented. This bill
would improve New York's efforts by establishing a. systematic, flexible
and effective planning process for actions state agencies can take to
mitigate the adverse impacts on New Yorkers of extended Federal govern-
ment shutdowns. It would require each potentially affected state agency,
under the direction of the Secretary of State, to use existing resources
to develop a "Federal shutdown contingency plan," a document setting
forth the measures it may take to mitigate adverse impacts of an
extended Federal shutdown (one that continues for 2 weeks or more). Once
adopted, these plans can be used to enable a rapid and effective'
response to any extended Federal shutdown. The plans, updated as neces-
sary, will be posted on websites of agencies and the Secretary of State.
FISCAL IMPLICATIONS:
None. A cost-effective planning process will ensure that in the future
New York State is ready to take actions to minimize any adverse fiscal
impact of any extended Federal shutdown.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
None.
IMPACT ON FINES, TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:
None.
LEGISLATIVE HISTORY:
01/03/24 referred to Ways and Means
09/01/23 referred to Ways and Means
01/05/22 referred to Ways and Means
2021: A5697 (Bozic) - Referred to Ways And Means
2020: A7067 (Buchwald) - Ways and Means
2019: A7067 (Buchwald) - Ways and Means
EFFECTIVE DATE:
This act shall take effect immediately.
EXPLANATION OF THE AMENDMENT:
The bill is amended to make clear that federal shutdown contingency'
plans should include planning for the consequences of a failure to
increase the Federal debt limit.
