What's happening
This bill requires New York state agencies to create and update contingency plans for extended federal government shutdowns to minimize negative impacts.
Why it matters
Establishes a formal, ongoing process for New York state agencies to assess their vulnerability to federal shutdowns. , requiring each agency to identify specific programs, services, and staff positions that could be disrupted if federal funding lapses for two weeks or more.
Mandates agencies to proactively outline mitigation strategies. , such as actions to reduce financial hardship for federal workers and affected businesses, and steps to quickly resume normal operations after a shutdown ends—potentially leading to faster, more organized responses in future crises.
Creates centralized oversight and guidance via the Secretary of State. , ensuring agency plans are thorough and up-to-date, and making the planning process more transparent and accessible to the public through required online publication of contingency plans.
May influence budget planning and interagency coordination. , since any action with fiscal impact requires consultation with the state budget director, potentially making the state both more resilient and more cautious about financial commitments during federal funding uncertainty.
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Who cares
Secretary of State and state agencies
The bill would require coordinated contingency plans for federal shutdowns lasting two weeks or more, with agency plans posted online and updated as needed.
Federal employees and contractors
Agency plans would identify potential measures to mitigate shutdown impacts, without requiring agencies to take any particular action.
Businesses affected by federal shutdowns
Agencies would identify actions they or entities under their jurisdiction could take to ease shutdown-related financial hardships.
State agency employees in federally funded positions
Plans would assess agencies’ ability to pay these employees during a shutdown subject to future reimbursement.
Headline styles
Plan for Federal Shutdowns
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
No co-sponsors yet.
History
- Referred to finance
- Print number 5452a
- Amend and recommit to finance
- Referred to finance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Plan for Federal Shutdowns
In Assembly Committee · Ways And Means · Sponsor David Buchwald
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5452--A
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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 contingency 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 flexible 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 shutdowns. 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 operations 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, division, 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 secretary 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 determines is appropriate for inclusion in the plan.
c. After reviewing the information submitted by an agency, the secretary:
(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 shutdown contingency planning process.
3. Before taking any action that may have a fiscal or budgetary implication 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 agency's current plan.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (1,028 words)
§ 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.