Bill Text: NY S04937 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the governor's disaster emergency production powers by allowing the prioritization of certain contracts and the allocation of materials and services; permits the restriction of certain accumulations to promote the health, safety and general welfare of the state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S04937 Detail]
Download: New_York-2023-S04937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4937 2023-2024 Regular Sessions IN SENATE February 17, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the executive law, in relation to authorizing the gover- nor's disaster emergency production powers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 28-b 2 to read as follows: 3 § 28-b. State disaster emergency allocation; priority in contracts and 4 orders. 1. Subject to the state constitution, the federal constitution, 5 and federal statutes and regulations, whenever the governor acts in 6 accordance with section twenty-eight of this article, he or she is 7 thereby authorized (a) to require that performance under contracts or 8 orders, other than contracts of employment, which the governor deems 9 necessary or appropriate to promote the health, safety and general 10 welfare of the state shall take priority over performance under any 11 other contract or order, and, for the purpose of assuring such priority, 12 to require acceptance and performance of such contracts or orders in 13 preference to other contracts or orders by any person the governor finds 14 to be capable of their performance, and (b) to allocate materials, 15 services, and facilities in such manner, upon such conditions, and to 16 such extent as he or she shall deem necessary or appropriate to promote 17 the health, safety and general welfare of the state. 18 2. The powers granted in this section shall not be used to control the 19 general distribution of any material in the civilian market unless the 20 governor finds (a) that such material is a scarce and critical material 21 essential to the health, safety, and general welfare of the state, and 22 (b) that the requirements of such material cannot otherwise be met with- 23 out creating a significant dislocation of the normal distribution of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06495-01-3S. 4937 2 1 such material in the civilian market to such a degree as to create 2 appreciable hardship. 3 3. Subject to the state constitution, the federal constitution, and 4 federal statutes and regulations, to prevent hoarding, no person shall 5 accumulate (a) in excess of the reasonable demands of business, 6 personal, or home consumption, or (b) for the purpose of resale at pric- 7 es in excess of reasonable market prices, materials which have been 8 designated by the governor as scarce materials or materials the supply 9 of which would be threatened by such accumulation. 10 4. Nothing in this section shall limit any power authorized pursuant 11 to this article. 12 § 2. This act shall take effect immediately.
