S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4937
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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 WITH-
 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.
                                                            LBD06495-01-3
 S. 4937                             2
              

 
 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
 ACCUMULATE  (A)  IN  EXCESS  OF  THE  REASONABLE  DEMANDS  OF  BUSINESS,
 PERSONAL, OR HOME CONSUMPTION, OR (B) FOR THE PURPOSE OF RESALE AT PRIC-
 ES 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.