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S01760 Summary:

Add 94-d, Exec L
Relates to contingency planning by state agencies for extended federal government shutdowns; requires the secretary to oversee development of shutdown contingency plans.
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S01760 Actions:

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S01760 Memo:

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S01760 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                    January 15, 2021
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        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
    19    e.  Federal  employees  and contractors and the general public in this
    20  state would benefit from a systematic effort to develop informed contin-
    21  gency plans to ensure state agencies are prepared to initiate  proactive
    22  measures to mitigate the impacts of an extended federal shutdown.
    23    Therefore  the legislature intends by this act to provide for a flexi-
    24  ble and effective contingency planning effort to  provide  guidance  and
    25  information to each appropriate state agency on the activities it should

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

        S. 1760                             2
     1  be  prepared  to  undertake  in the event of any future extended federal
     2  shutdown.
     3    § 2. The executive law is amended by adding a new section 94-d to read
     4  as follows:
     5    §  94-d.  State agency contingency planning for extended federal shut-
     6  downs.  1. Definitions. As  used in this section,  the  following  terms
     7  shall have the following meanings:
     8    a.  "Federal  shutdown" means a lapse in funding for one or more oper-
     9  ations of the federal government due to the failure of the executive and
    10  congress to appropriate funding or to increase the federal debt limit;
    11    b. "Extended federal shutdown" means a federal shutdown that continues
    12  for a period of two weeks or more;
    13    c. "Federal shutdown contingency plan" means a document setting  forth
    14  the  measures  that  a  state  agency  may  take to mitigate the adverse
    15  impacts of an extended federal shutdown on employees and contractors  of
    16  federal agencies and businesses or members of the public in this state;
    17    d. "Secretary" means the secretary of state;
    18    e.  "Agency"  means  any  state  board, bureau, committee, commission,
    19  council, department, public authority, public benefit corporation, divi-
    20  sion, office or any other governmental entity performing a  governmental
    21  or  proprietary function for the state of New York, except the judiciary
    22  or the state legislature or any unit of local government and  shall  not
    23  include offices of district attorneys.
    24    2.  Federal shutdown contingency planning process. a. The secretary of
    25  state shall oversee the  development  of  federal  shutdown  contingency
    26  plans  by  state  agencies. The secretary shall solicit information from
    27  each state agency that operates programs  that  may  be  impacted  by  a
    28  federal shutdown or that may undertake efforts to mitigate the impact of
    29  an  extended  shutdown  on employees and contractors of federal agencies
    30  and businesses or members of the public in this state. Such  information
    31  shall  be  submitted by the agency in such form and manner as the secre-
    32  tary shall prescribe.
    33    b. Each state agency shall respond to such solicitation  by  providing
    34  the  secretary  with  a  draft  federal shutdown contingency plan, which
    35  shall include information as appropriate on:
    36    (i) any programs or activities of the agency that may be impacted by a
    37  loss of ongoing federal funding;
    38    (ii) any programs or activities of the agency that may be impacted  by
    39  the  cessation or substantial curtailment of federal activities that are
    40  not identified as excepted or exempted activities  in  the  most  recent
    41  shutdown  contingency  plan filed by a federal agency with the office of
    42  management and budget;
    43    (iii) any programs identified in subparagraphs (i)  or  (ii)  of  this
    44  paragraph  that  could be impacted to the extent that the health, safety
    45  or economic well-being of the  people  of  this  state  or  the  natural
    46  resources of the state could be substantially impaired;
    47    (iv)  any  positions  at  the agency that are federally funded and the
    48  ability of the agency to pay such employees during the shutdown  subject
    49  to future reimbursement;
    50    (v)  any  actions  that  could  be taken by the agency to mitigate the
    51  impacts of an extended federal  shutdown,  including  any  actions  that
    52  could  be  taken  by the agency or by entities under the jurisdiction of
    53  the agency that  could  mitigate  any  financial  hardships  on  federal
    54  employees or by businesses impacted by the shutdown;
    55    (vi)  any  actions that will be necessary to resume orderly operations
    56  upon cessation of the federal shutdown; and

        S. 1760                             3
     1    (vii) any other information that the secretary or  the  agency  deter-
     2  mines is appropriate for inclusion in the plan.
     3    c.  After reviewing the information submitted by an agency, the secre-
     4  tary:
     5    (i) shall determine that the submission is complete or  shall  solicit
     6  additional  information  from the agency to permit such a determination;
     7  and
     8    (ii) upon receipt of a complete submission shall approve  an  agency's
     9  federal  shutdown  contingency  plan, or shall identify any deficiencies
    10  precluding such approval and direct the agency to submit a revised  plan
    11  that addresses such deficiencies.
    12    d. The secretary shall issue guidance to agencies on the federal shut-
    13  down contingency planning process.
    14    3. Before taking any action that may have a fiscal or budgetary impli-
    15  cation the secretary shall consult with the director of the budget.
    16    4.  Each agency shall utilize its federal shutdown contingency plan to
    17  enable a rapid and effective response to any extended federal  shutdown;
    18  provided,  however,  that  no  agency shall be required to undertake all
    19  actions or any specific action that has been identified in its plan.
    20    5. Each agency shall review its federal shutdown contingency plan  and
    21  submit updates to the secretary for approval as frequently as necessary,
    22  and upon request of the secretary shall conduct such a review and submit
    23  an  updated  plan or advise the secretary that no revision is necessary.
    24  Each agency shall maintain  a  copy  of  its  current  federal  shutdown
    25  contingency  plan  on  its  website,  and the secretary shall maintain a
    26  webpage on the department of state's website  with  information  on  the
    27  federal  shutdown  contingency planning process and a link to each agen-
    28  cy's current plan.
    29    § 3. This act shall take effect immediately.
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