What's happening
This bill authorizes the governor to prioritize and allocate contracts, materials, and services during state disasters, including anti-hoarding measures.
Why it matters
Strengthens the governor's ability to direct resources during emergencies. , allowing them to reprioritize or reallocate contracts, materials, and services toward essential needs, which could help the state respond more rapidly and flexibly in a crisis.
Places checks on the governor’s new powers. , requiring that controls on the civilian market for scarce materials occur only if those materials are essential and cannot be otherwise sourced without major disruptions or hardship—this tries to balance emergency authority with market stability.
Targets anti-hoarding behavior during declared emergencies. , making it illegal to stockpile essential goods beyond reasonable use or for price gouging, which could help prevent shortages and inflated prices during periods of high demand.
Creates a legal framework for prioritizing critical supplies and services. , potentially providing clearer guidance and legitimacy for state interventions in private markets or supply chains when public welfare is at stake.
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Who cares
Headline styles
Governor Can Prioritize Emergency Supplies
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to veterans, homeland security and military affairs
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8240
IN SENATE
April 27, 2020
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
AN ACT to amend the executive law, in relation to authorizing the governor's disaster emergency production powers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 28-b to read as follows:
§ 28-b. State disaster emergency allocation; priority in contracts and orders. 1. Subject to the state constitution, the federal constitution, and federal statutes and regulations, whenever the governor acts in accordance with section twenty-eight of this article, he or she is thereby authorized (a) to require that performance under contracts or orders, other than contracts of employment, which the governor deems necessary or appropriate to promote the health, safety and general welfare of the state shall take priority over performance under any other contract or order, and, for the purpose of assuring such priority, to require acceptance and performance of such contracts or orders in preference to other contracts or orders by any person the governor finds to be capable of their performance, and (b) to allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as he or she shall deem necessary or appropriate to promote the health, safety and general welfare of the state.
2. The powers granted in this section shall not be used to control the general distribution of any material in the civilian market unless the governor finds (a) that such material is a scarce and critical material essential to the health, safety, and general welfare of the state, and (b) that the requirements of such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship.
3. Subject to the state constitution, the federal constitution, and federal statutes and regulations, to prevent hoarding, no person shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16148-01-0
S. 8240 2
accumulate (a) in excess of the reasonable demands of business, personal, or home consumption, or (b) for the purpose of resale at prices in excess of reasonable market prices, materials which have been designated by the governor as scarce materials or materials the supply of which would be threatened by such accumulation.
4. Nothing in this section shall limit any power authorized pursuant to this article.
§ 2. 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 authorizing the gover- nor's disaster emergency production powers
Purpose
The purposed legislation would allow the Governor-in a state of emergen- cy- to allocate the resources necessary for New Yorker's health and safety, and to ensure that the state is protected from any substantial threat to the public health.
Summary of provisions
Section 1 amends the executive law to add a new section 28-b that would allow the Governor, in a state of emergency, to require that contracts or orders that will promote the health, safety and general welfare of the state be prioritized over others contracts or orders. Additionally, the bill allows the Governor the ability to require acceptance and performance of any contract or order that would promote the health, safety and general welfare of the state. This section also prohibits hoarding and resale of scarce materials.
Section 2 sets forth the effective date.
Justification
The Coronavirus pandemic has exposed an insufficient and ineffective healthcare leadership from the federal government. A lack of federal guidance has placed the States against each other, and it has caused New York to rely on the kindness of other states and a few private compa- nies. In describing the difficult task of obtaining necessary materials, Governor Cuomo stated, "It's like being on eBay with 50 other states, bidding on a ventilator."
The Governor must be allowed to adequately respond to the current, and any future, public health crises without detrimental reliance on outside assistance. The proposed legislation would provide the Governor with the necessary legal authority to confront current the emergency, and any future emergencies that may arise.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
Effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.