NY State Senate Bill 2019-S5452A

Senate Bill S5452A

2019-2020 Legislative Session

Relates to contingency planning by state agencies for extended federal government shutdowns

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to finance
Jun 19, 2019	print number 5452a
Jun 19, 2019	amend and recommit to finance
May 01, 2019	referred to finance

Bill Amendments

Original

A (Active)

2019-S5452 - Details

See Assembly Version of this Bill:: A7067
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1760, A5697
2023-2024: S1718, A7998

2019-S5452 - Summary

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

2019-S5452 - Sponsor Memo

                                
 
BILL NUMBER: S5452

SPONSOR: SKOUFIS
 
TITLE OF BILL:  An act to amend the executive law, in relation to
contingency planning by state agencies for extended federal government
shutdowns

 
PURPOSE:

This bill would establish a systematic, flexible and effective planning
process for actions state agencies can take to mitigate the adverse
impacts on New Yorkers of extended Federal government shutdowns.

 
SUMMARY OF PROVISIONS:

§ 1 sets forth legislative findings regarding the increasing frequency
and duration of shutdowns of operations by Federal agencies, the finan-
cial 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 coordination of
potential mitigation measures, and the benefits of a systematic, flexi-

ble and effective shutdown contingency planning effort.

§ 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 of 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 proc-
ess 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 shut down,
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.

§ 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 went 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 cards
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.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:
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.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5452 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5452
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 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:
 
   Section 1. Legislative intent. The legislature finds that:
   a. Shutdowns of  operations  by  federal  agencies,  once  unthinkable
 events, are now occurring with increasing frequency and duration;
   b.  Such  shutdowns  may  cause  financial  hardships in this state to
 federal employees, whether furloughed or  required  to  report  to  work
 without  pay,  and  to  businesses  and  their employees involved in the
 provision of goods and  services  to  federal  agencies,  and  may  also
 adversely  impact  New  York's  economy, environment, and the people and
 institutions in this state who rely on programs and services provided by
 the federal government;
   c. In recent federal shutdowns  New  York  state  has  properly  taken
 several  steps to mitigate adverse impacts, but has not undertaken other
 remedial actions that have been determined to be essential in  similarly
 impacted states;
   d.  The  use of short-term continuing resolutions has made the federal
 budget process unpredictable, yet unlike other  states  New  York  state
 currently has no formal planning process for evaluation and coordination
 of potential mitigation measures; and
   e.  Federal  employees  and contractors and the general public in this
 state would benefit from a systematic effort to develop informed contin-
 gency plans to ensure state agencies are prepared to initiate  proactive
 measures to mitigate the impacts of an extended federal shutdown.
   Therefore  the legislature intends by this act to provide for a flexi-
 ble and effective contingency planning effort to  provide  guidance  and
 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.

                                                            LBD09834-01-9

 S. 5452                             2
 
 be  prepared  to  undertake  in the event of any future extended federal
 shutdown.
   § 2. The executive law is amended by adding a new section 94-c to read
 as follows:
   §  94-C.  STATE AGENCY CONTINGENCY PLANNING FOR EXTENDED FEDERAL SHUT-
 DOWNS.  1. DEFINITIONS. AS  USED IN THIS SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "FEDERAL  SHUTDOWN" MEANS A LAPSE IN FUNDING FOR ONE OR MORE OPER-
 ATIONS OF THE FEDERAL GOVERNMENT DUE TO THE FAILURE OF THE EXECUTIVE AND
 CONGRESS TO APPROPRIATE FUNDING;
   B. "EXTENDED FEDERAL SHUTDOWN" MEANS A FEDERAL SHUTDOWN THAT CONTINUES
 FOR A PERIOD OF TWO WEEKS OR MORE;
   C. "FEDERAL SHUTDOWN CONTINGENCY PLAN" MEANS 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 OR MEMBERS OF THE PUBLIC IN THIS STATE;
   D. "SECRETARY" MEANS THE SECRETARY OF STATE;
   E.  "AGENCY"  MEANS  ANY  STATE  BOARD, BUREAU, COMMITTEE, COMMISSION,
 COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, DIVI-
 SION, OFFICE OR ANY OTHER GOVERNMENTAL ENTITY PERFORMING A  GOVERNMENTAL
 OR  PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK, EXCEPT THE JUDICIARY
 OR THE STATE LEGISLATURE OR ANY UNIT OF LOCAL GOVERNMENT AND  SHALL  NOT
 INCLUDE OFFICES OF DISTRICT ATTORNEYS.
   2.  FEDERAL SHUTDOWN CONTINGENCY PLANNING PROCESS. A. THE SECRETARY OF
 STATE SHALL OVERSEE THE  DEVELOPMENT  OF  FEDERAL  SHUTDOWN  CONTINGENCY
 PLANS  BY  STATE  AGENCIES. THE SECRETARY SHALL SOLICIT INFORMATION FROM
 EACH STATE 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. SUCH  INFORMATION
 SHALL  BE  SUBMITTED BY THE AGENCY IN SUCH FORM AND MANNER AS THE SECRE-
 TARY SHALL PRESCRIBE.
   B. EACH STATE AGENCY SHALL RESPOND TO SUCH SOLICITATION  BY  PROVIDING
 THE  SECRETARY  WITH  A  DRAFT  FEDERAL SHUTDOWN CONTINGENCY PLAN, WHICH
 SHALL INCLUDE INFORMATION AS APPROPRIATE ON:
   (I) ANY PROGRAMS OR ACTIVITIES OF THE AGENCY THAT MAY BE IMPACTED BY A
 LOSS OF ONGOING FEDERAL FUNDING;
   (II) ANY PROGRAMS OR ACTIVITIES OF THE AGENCY THAT MAY BE IMPACTED  BY
 THE  CESSATION OR SUBSTANTIAL CURTAILMENT OF FEDERAL ACTIVITIES THAT ARE
 NOT IDENTIFIED AS EXCEPTED OR EXEMPTED ACTIVITIES  IN  THE  MOST  RECENT
 SHUTDOWN  CONTINGENCY  PLAN FILED BY A FEDERAL AGENCY WITH THE OFFICE OF
 MANAGEMENT AND BUDGET;
   (III) ANY PROGRAMS IDENTIFIED IN SUBPARAGRAPHS (I)  OR  (II)  OF  THIS
 PARAGRAPH  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;
   (IV)  ANY  POSITIONS  AT  THE AGENCY THAT ARE FEDERALLY FUNDED AND THE
 ABILITY OF THE AGENCY TO PAY SUCH EMPLOYEES DURING THE SHUTDOWN  SUBJECT
 TO FUTURE REIMBURSEMENT;
   (V)  ANY  ACTIONS  THAT  COULD  BE TAKEN BY THE AGENCY TO MITIGATE THE
 IMPACTS OF AN EXTENDED FEDERAL  SHUTDOWN,  INCLUDING  ANY  ACTIONS  THAT
 COULD  BE  TAKEN  BY THE AGENCY OR BY ENTITIES UNDER THE JURISDICTION OF
 THE AGENCY THAT  COULD  MITIGATE  ANY  FINANCIAL  HARDSHIPS  ON  FEDERAL
 EMPLOYEES OR BY BUSINESSES IMPACTED BY THE SHUTDOWN;
   (VI)  ANY  ACTIONS THAT WILL BE NECESSARY TO RESUME ORDERLY OPERATIONS
 UPON CESSATION OF THE FEDERAL SHUTDOWN; AND

 S. 5452                             3
 
   (VII) ANY OTHER INFORMATION THAT THE SECRETARY OR  THE  AGENCY  DETER-
 MINES IS APPROPRIATE FOR INCLUSION IN THE PLAN.
   C.  AFTER REVIEWING THE INFORMATION SUBMITTED BY AN AGENCY, THE SECRE-
 TARY:
   (I) SHALL DETERMINE THAT THE SUBMISSION IS COMPLETE OR  SHALL  SOLICIT
 ADDITIONAL  INFORMATION  FROM THE AGENCY TO PERMIT SUCH A DETERMINATION;
 AND
   (II) UPON RECEIPT OF A COMPLETE SUBMISSION SHALL APPROVE  AN  AGENCY'S
 FEDERAL  SHUTDOWN  CONTINGENCY  PLAN, OR SHALL IDENTIFY ANY DEFICIENCIES
 PRECLUDING SUCH APPROVAL AND DIRECT THE AGENCY TO SUBMIT A REVISED  PLAN
 THAT ADDRESSES SUCH DEFICIENCIES.
   D. THE SECRETARY SHALL ISSUE GUIDANCE TO AGENCIES ON THE FEDERAL SHUT-
 DOWN CONTINGENCY PLANNING PROCESS.
   3. BEFORE TAKING ANY ACTION THAT MAY HAVE A FISCAL OR BUDGETARY IMPLI-
 CATION THE SECRETARY SHALL CONSULT WITH THE DIRECTOR OF THE BUDGET.
   4.  EACH AGENCY SHALL UTILIZE ITS FEDERAL SHUTDOWN CONTINGENCY PLAN TO
 ENABLE A RAPID AND EFFECTIVE RESPONSE TO ANY EXTENDED FEDERAL  SHUTDOWN;
 PROVIDED,  HOWEVER,  THAT  NO  AGENCY SHALL BE REQUIRED TO UNDERTAKE ALL
 ACTIONS OR ANY SPECIFIC ACTION THAT HAS BEEN IDENTIFIED IN ITS PLAN.
   5. EACH AGENCY SHALL REVIEW ITS FEDERAL SHUTDOWN CONTINGENCY PLAN  AND
 SUBMIT UPDATES TO THE SECRETARY FOR APPROVAL AS FREQUENTLY AS NECESSARY,
 AND UPON REQUEST OF THE SECRETARY SHALL CONDUCT SUCH A REVIEW AND SUBMIT
 AN  UPDATED  PLAN OR ADVISE THE SECRETARY THAT NO REVISION IS NECESSARY.
 EACH AGENCY SHALL MAINTAIN  A  COPY  OF  ITS  CURRENT  FEDERAL  SHUTDOWN
 CONTINGENCY  PLAN  ON  ITS  WEBSITE,  AND THE SECRETARY SHALL MAINTAIN A
 WEBPAGE ON THE DEPARTMENT OF STATE'S WEBSITE  WITH  INFORMATION  ON  THE
 FEDERAL  SHUTDOWN  CONTINGENCY PLANNING PROCESS AND A LINK TO EACH AGEN-
 CY'S CURRENT PLAN.
   § 3. This act shall take effect immediately.

2019-S5452A (ACTIVE) - Details

See Assembly Version of this Bill:: A7067
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §94-c, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1760, A5697
2023-2024: S1718, A7998

2019-S5452A (ACTIVE) - Summary

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

2019-S5452A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5452A

SPONSOR: SKOUFIS
 
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
impacts on New Yorkers of extended Federal government shutdowns.

 
SUMMARY OF PROVISIONS:

§ 1 sets forth legislative findings regarding the increasing frequency
and duration of shutdowns of operations by Federal agencies, the finan-
cial 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 coordination of
potential mitigation measures, and the benefits of a systematic, flexi-

ble and effective shutdown contingency planning effort.

§ 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 of 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 shut down,
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.

§ 3 sets the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The bill is amended to make clear that plans should address contingency
actions for any extended lapses of Federal funding, including those
caused by a failure to increase the Federal debt limit as well as a
failure to appropriate funding.

 
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 SONY and CONY 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.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

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.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5452A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5452--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2019
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. Legislative intent. The legislature finds that:
   a.  Shutdowns  of  operations  by  federal  agencies, once unthinkable
 events, are now occurring with increasing frequency and duration;
   b. Such shutdowns may cause  financial  hardships  in  this  state  to
 federal  employees,  whether  furloughed  or  required to report to work
 without pay, and to businesses  and  their  employees  involved  in  the
 provision  of  goods  and  services  to  federal  agencies, and may also
 adversely impact New York's economy, environment,  and  the  people  and
 institutions in this state who rely on programs and services provided by
 the federal government;
   c.  In  recent  federal  shutdowns  New  York state has properly taken
 several steps to mitigate adverse impacts, but has not undertaken  other
 remedial  actions that have been determined to be essential in similarly
 impacted states;
   d. The use of short-term continuing resolutions has made  the  federal
 budget  process  unpredictable,  yet  unlike other states New York state
 currently has no formal planning process for evaluation and coordination
 of potential mitigation measures; and
   e. Federal employees and contractors and the general  public  in  this
 state would benefit from a systematic effort to develop informed contin-
 gency  plans to ensure state agencies are prepared to initiate proactive
 measures to mitigate the impacts of an extended federal shutdown.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09834-05-9

 S. 5452--A                          2
 
   Therefore the legislature intends by this act to provide for a  flexi-
 ble  and  effective  contingency planning effort to provide guidance and
 information to each appropriate state agency on the activities it should
 be prepared to undertake in the event of  any  future  extended  federal
 shutdown.
   § 2. The executive law is amended by adding a new section 94-c to read
 as follows:
   §  94-C.  STATE AGENCY CONTINGENCY PLANNING FOR EXTENDED FEDERAL SHUT-
 DOWNS.  1. DEFINITIONS. AS  USED IN THIS SECTION,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A.  "FEDERAL  SHUTDOWN" MEANS A LAPSE IN FUNDING FOR ONE OR MORE OPER-
 ATIONS OF THE FEDERAL GOVERNMENT DUE TO THE FAILURE OF THE EXECUTIVE AND
 CONGRESS TO APPROPRIATE FUNDING OR TO INCREASE THE FEDERAL DEBT LIMIT;
   B. "EXTENDED FEDERAL SHUTDOWN" MEANS A FEDERAL SHUTDOWN THAT CONTINUES
 FOR A PERIOD OF TWO WEEKS OR MORE;
   C. "FEDERAL SHUTDOWN CONTINGENCY PLAN" MEANS 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 OR MEMBERS OF THE PUBLIC IN THIS STATE;
   D. "SECRETARY" MEANS THE SECRETARY OF STATE;
   E.  "AGENCY"  MEANS  ANY  STATE  BOARD, BUREAU, COMMITTEE, COMMISSION,
 COUNCIL, DEPARTMENT, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, DIVI-
 SION, OFFICE OR ANY OTHER GOVERNMENTAL ENTITY PERFORMING A  GOVERNMENTAL
 OR  PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK, EXCEPT THE JUDICIARY
 OR THE STATE LEGISLATURE OR ANY UNIT OF LOCAL GOVERNMENT AND  SHALL  NOT
 INCLUDE OFFICES OF DISTRICT ATTORNEYS.
   2.  FEDERAL SHUTDOWN CONTINGENCY PLANNING PROCESS. A. THE SECRETARY OF
 STATE SHALL OVERSEE THE  DEVELOPMENT  OF  FEDERAL  SHUTDOWN  CONTINGENCY
 PLANS  BY  STATE  AGENCIES. THE SECRETARY SHALL SOLICIT INFORMATION FROM
 EACH STATE 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. SUCH  INFORMATION
 SHALL  BE  SUBMITTED BY THE AGENCY IN SUCH FORM AND MANNER AS THE SECRE-
 TARY SHALL PRESCRIBE.
   B. EACH STATE AGENCY SHALL RESPOND TO SUCH SOLICITATION  BY  PROVIDING
 THE  SECRETARY  WITH  A  DRAFT  FEDERAL SHUTDOWN CONTINGENCY PLAN, WHICH
 SHALL INCLUDE INFORMATION AS APPROPRIATE ON:
   (I) ANY PROGRAMS OR ACTIVITIES OF THE AGENCY THAT MAY BE IMPACTED BY A
 LOSS OF ONGOING FEDERAL FUNDING;
   (II) ANY PROGRAMS OR ACTIVITIES OF THE AGENCY THAT MAY BE IMPACTED  BY
 THE  CESSATION OR SUBSTANTIAL CURTAILMENT OF FEDERAL ACTIVITIES THAT ARE
 NOT IDENTIFIED AS EXCEPTED OR EXEMPTED ACTIVITIES  IN  THE  MOST  RECENT
 SHUTDOWN  CONTINGENCY  PLAN FILED BY A FEDERAL AGENCY WITH THE OFFICE OF
 MANAGEMENT AND BUDGET;
   (III) ANY PROGRAMS IDENTIFIED IN SUBPARAGRAPHS (I)  OR  (II)  OF  THIS
 PARAGRAPH  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;
   (IV)  ANY  POSITIONS  AT  THE AGENCY THAT ARE FEDERALLY FUNDED AND THE
 ABILITY OF THE AGENCY TO PAY SUCH EMPLOYEES DURING THE SHUTDOWN  SUBJECT
 TO FUTURE REIMBURSEMENT;
   (V)  ANY  ACTIONS  THAT  COULD  BE TAKEN BY THE AGENCY TO MITIGATE THE
 IMPACTS OF AN EXTENDED FEDERAL  SHUTDOWN,  INCLUDING  ANY  ACTIONS  THAT
 COULD  BE  TAKEN  BY THE AGENCY OR BY ENTITIES UNDER THE JURISDICTION OF

 S. 5452--A                          3
 
 THE AGENCY THAT  COULD  MITIGATE  ANY  FINANCIAL  HARDSHIPS  ON  FEDERAL
 EMPLOYEES OR BY BUSINESSES IMPACTED BY THE SHUTDOWN;
   (VI)  ANY  ACTIONS THAT WILL BE NECESSARY TO RESUME ORDERLY OPERATIONS
 UPON CESSATION OF THE FEDERAL SHUTDOWN; AND
   (VII) ANY OTHER INFORMATION THAT THE SECRETARY OR  THE  AGENCY  DETER-
 MINES IS APPROPRIATE FOR INCLUSION IN THE PLAN.
   C.  AFTER REVIEWING THE INFORMATION SUBMITTED BY AN AGENCY, THE SECRE-
 TARY:
   (I) SHALL DETERMINE THAT THE SUBMISSION IS COMPLETE OR  SHALL  SOLICIT
 ADDITIONAL  INFORMATION  FROM THE AGENCY TO PERMIT SUCH A DETERMINATION;
 AND
   (II) UPON RECEIPT OF A COMPLETE SUBMISSION SHALL APPROVE  AN  AGENCY'S
 FEDERAL  SHUTDOWN  CONTINGENCY  PLAN, OR SHALL IDENTIFY ANY DEFICIENCIES
 PRECLUDING SUCH APPROVAL AND DIRECT THE AGENCY TO SUBMIT A REVISED  PLAN
 THAT ADDRESSES SUCH DEFICIENCIES.
   D. THE SECRETARY SHALL ISSUE GUIDANCE TO AGENCIES ON THE FEDERAL SHUT-
 DOWN CONTINGENCY PLANNING PROCESS.
   3. BEFORE TAKING ANY ACTION THAT MAY HAVE A FISCAL OR BUDGETARY IMPLI-
 CATION THE SECRETARY SHALL CONSULT WITH THE DIRECTOR OF THE BUDGET.
   4.  EACH AGENCY SHALL UTILIZE ITS FEDERAL SHUTDOWN CONTINGENCY PLAN TO
 ENABLE A RAPID AND EFFECTIVE RESPONSE TO ANY EXTENDED FEDERAL  SHUTDOWN;
 PROVIDED,  HOWEVER,  THAT  NO  AGENCY SHALL BE REQUIRED TO UNDERTAKE ALL
 ACTIONS OR ANY SPECIFIC ACTION THAT HAS BEEN IDENTIFIED IN ITS PLAN.
   5. EACH AGENCY SHALL REVIEW ITS FEDERAL SHUTDOWN CONTINGENCY PLAN  AND
 SUBMIT UPDATES TO THE SECRETARY FOR APPROVAL AS FREQUENTLY AS NECESSARY,
 AND UPON REQUEST OF THE SECRETARY SHALL CONDUCT SUCH A REVIEW AND SUBMIT
 AN  UPDATED  PLAN OR ADVISE THE SECRETARY THAT NO REVISION IS NECESSARY.
 EACH AGENCY SHALL MAINTAIN  A  COPY  OF  ITS  CURRENT  FEDERAL  SHUTDOWN
 CONTINGENCY  PLAN  ON  ITS  WEBSITE,  AND THE SECRETARY SHALL MAINTAIN A
 WEBPAGE ON THE DEPARTMENT OF STATE'S WEBSITE  WITH  INFORMATION  ON  THE
 FEDERAL  SHUTDOWN  CONTINGENCY PLANNING PROCESS AND A LINK TO EACH AGEN-
 CY'S CURRENT PLAN.
   § 3. This act shall take effect immediately.

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