senate Bill S4061

Signed by Governor

Relates to solicitation of available New York food products

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 06 / Mar / 2013
    • REFERRED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1269
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A5102
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.509
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 06 / Dec / 2013
    • DELIVERED TO GOVERNOR
  • 18 / Dec / 2013
    • SIGNED CHAP.533

Summary

Relates to solicitation of available New York food products.

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Bill Details

See Assembly Version of this Bill:
A5102
Versions:
S4061
Legislative Cycle:
2013-2014
Law Section:
State Finance Law
Laws Affected:
Amd ยง165, St Fin L
Versions Introduced in 2011-2012 Legislative Cycle:
A10206, A10206

Sponsor Memo

BILL NUMBER:S4061 REVISED 6/5/13

TITLE OF BILL: An act to amend the state finance law, in relation to
solicitation of available New York food products

PURPOSE: To establish guidelines that will assist state agencies with
the procurement of New York food products.

SUMMARY OF PROVISIONS: Subdivision four of section 165 of the State
Finance Law would be amended as follows: Paragraph (a) would add a new
subparagraph (i) to require that all solicitations for purchases of food
by state agencies include the list of New York food products developed
by the Commissioner of Agriculture and Markets pursuant to paragraph (b)
and a notice that such New York State food products are available in
sufficient quantities for competitive purchasing.

Paragraph (d) would be amended to authorize the Commissioners of General
Services and Agriculture and Markets to develop regulations to: estab-
lish guidelines to increase purchases of New York food products; publish
the guidelines on the Office of General Services (OGS) website; and,
provide for monitoring and implementation of subdivision four.

Paragraph (f) would be amended to require that successful bidders review
the list of New York State food products and report to the procuring
agency their total food products and processed food products procured
under such contracts, by specific type with the dollar value, identify-
ing New York State food products, and, those products procured from
outside of New York State that were listed as available from New York by
the Commissioner of Agriculture and Markets.

Paragraph (g) is amended to require that the Commissioner of General
Services report to the governor and legislature on the implementation of
subdivision four by December first of each year. The report must include
the aggregate of the information reported to agencies in paragraph (f).

JUSTIFICATION: Current law authorizes OGS to require that all or some of
the food purchased by the State is grown, produced, harvested or proc-
essed in New York State and requires the Commissioner of Agriculture and
Markets to provide a listing of available, competitively-priced food
products grown, produced or harvested in New York. Although this law has
been in effect for more than two decades it is unclear as to how effec-
tively it is used by State agencies to purchase local foods. There is
little to no reporting, or evidence, that agencies or successful bidders
are making an effort to buy locally grown foods, even when they are
available at a competitive price.

The citizens of New York actively support local agriculture by using
their purchasing power at farmers' markets, restaurants, other food
retailers and increasingly at institutions such as schools and universi-
ties. The State Legislature has also clearly expressed its intention
that the power of State purchasing be used to support the State's farm-
ers and food producers and small food businesses. This bill would make

clear to procurement officials, vendors seeking to sell food to the
State, farmers and business owners that New York intends to make this
law work. Tracking State agencies' purchases would be beneficial to help
the State and food vendors to identify how food dollars are being spent
now, opportunities for additional purchases of local foods by the State,
and opportunities for producers to begin, or expand, production of foods
that are being procured elsewhere.

LEGISLATIVE HISTORY: A.10206 of 2012

FISCAL IMPLICATIONS: Pursuant to a cost analysis provided by the Depart-
ment of Agriculture and Markets dated May 31, 2013 the Department esti-
mates that developing and maintaining this list will cost $45,000.

EFFECTIVE DATE: This act shall take effect on the ninetieth day.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4061

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              March 6, 2013
                               ___________

Introduced  by Sens. RITCHIE, MARCHIONE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, in relation  to  solicitation  of
  available New York food products

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs a, d, f and g of subdivision 4 of section 165 of
the state finance law, as amended by chapter 137 of the  laws  of  2008,
are amended to read as follows:
  a.  Except  as  otherwise  provided  in this subdivision, when letting
contracts for the purchase of food products on behalf of facilities  and
institutions  of the state, solicitation specifications of the office of
general services and any other  agency,  department,  office,  board  or
commission  may  require provisions that mandate that all or some of the
required food products are grown, produced  or  harvested  in  New  York
state, or that any processing of such food products take place in facil-
ities located within New York state.
  (I)  ALL  SUCH  SOLICITATIONS  FOR THE PURCHASE OF FOOD PRODUCTS SHALL
INCLUDE THE LIST OF FOOD PRODUCTS DEVELOPED BY THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; AND
  (II) NOTICE THAT SUCH FOOD PRODUCTS ARE AVAILABLE IN SUFFICIENT  QUAN-
TITIES  FOR  COMPETITIVE  PURCHASING  AND THAT THE LIST WAS DEVELOPED TO
ASSIST THE  STATE  IN  INCREASING  PURCHASES  OF  NEW  YORK  STATE  FOOD
PRODUCTS.
  d.  The commissioner, and the commissioner of agriculture and markets,
[may] SHALL issue [such] regulations [as they deem necessary and proper]
for the implementation of this subdivision, INCLUDING  BUT  NOT  LIMITED
TO:
  (I)  ESTABLISHING  GUIDELINES  THAT WILL ASSIST AGENCIES IN INCREASING
THEIR USE AND PURCHASE OF NEW YORK STATE FOOD PRODUCTS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09009-01-3

S. 4061                             2

  (II) PUBLISHING SUCH PURCHASING GUIDELINES ON THE  OFFICE  OF  GENERAL
SERVICES WEBSITE, DISSEMINATING SUCH GUIDELINES TO AGENCIES AND TRAINING
CONTRACTING PERSONNEL ON IMPLEMENTING SUCH GUIDELINES; AND
  (III) PROVIDING FOR MONITORING OF IMPLEMENTATION.
  f.  (i)  With  each  offer,  the  offerer  shall certify that the food
products provided pursuant to that solicitation will  be  in  conformity
with  the  provisions  of  the percentage required to meet or exceed the
requirements in the solicitation specifying that all or some of the food
products be grown, produced, or harvested within New York state or  that
any  processing  of  such food products take place in facilities located
within New York state.
  (ii) Any successful offerer who fails to comply with the provisions of
this subdivision, at the discretion of such  agency,  board,  office  or
commission,  shall  forfeit  the right to bid on contracts let under the
provisions of this subdivision for a period of time to be determined  by
the commissioner and the commissioner of agriculture and markets.
  (III) EVERY SUCCESSFUL OFFERER SHALL:
  (1) REVIEW THE LIST OF NEW YORK STATE FOOD PRODUCTS DEVELOPED PURSUANT
TO  PARAGRAPH  B  OF  THIS  SUBDIVISION  TO  DETERMINE  WHETHER ANY SUCH
PRODUCTS ARE BEING PROVIDED UNDER THEIR CONTRACTS;
  (2) REPORT TO THE PROCURING AGENCY ALL OF THE FOOD PRODUCTS AND  PROC-
ESSED  FOOD PROCURED UNDER SUCH CONTRACTS, CATEGORIZED BY SPECIFIC TYPE,
TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH  TYPE  PROCURED  UNDER  SUCH
CONTRACT, TO THE EXTENT PRACTICABLE AND KNOWN TO SUCH VENDOR; AND
  (3)  FOR  EACH SUCH TYPE OF FOOD PRODUCT OR PROCESSED FOOD INCLUDED ON
THE LIST OF NEW YORK STATE FOOD PRODUCTS, REPORT TO THE PROCURING  AGEN-
CY, TO THE EXTENT PRACTICABLE AND KNOWN TO SUCH VENDOR:
  (A) ANY SUCH NEW YORK STATE FOOD PRODUCT PROCURED UNDER SUCH CONTRACT,
TOGETHER  WITH  THE  DOLLAR  VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH
CONTRACT;
  (B) ANY SUCH FOOD PRODUCT FROM OUTSIDE  OF  NEW  YORK  STATE  PROCURED
UNDER  SUCH CONTRACT DURING ITS LISTED NEW YORK STATE AVAILABILITY PERI-
OD, TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH
CONTRACT; AND
  (C) ANY OTHER SUCH FOOD PRODUCT FROM OUTSIDE  OF  NEW  YORK  STATE  OR
PROCESSED  FOOD FROM FACILITIES OUTSIDE OF NEW YORK STATE PROCURED UNDER
SUCH CONTRACT FROM OUTSIDE NEW YORK  STATE,  TOGETHER  WITH  THE  DOLLAR
VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH CONTRACT.
  g.    NO LATER THAN DECEMBER FIRST OF EACH YEAR THE COMMISSIONER SHALL
ANNUALLY REPORT TO THE GOVERNOR AND LEGISLATURE ON THE IMPLEMENTATION OF
THIS SUBDIVISION. SUCH REPORT SHALL INCLUDE, AT MINIMUM:
  (I) A DESCRIPTION OF THE OFFICE'S EFFORTS TO IMPROVE AND INCREASE  THE
TRACKING  OF  INFORMATION  RELATING  TO  NEW YORK STATE FOOD PROCURED BY
AGENCIES; AND
  (II) THE INFORMATION COLLECTED PURSUANT TO PARAGRAPH F OF THIS  SUBDI-
VISION, COMPILED TO PROVIDE THE FOLLOWING, DISAGGREGATED BY FOOD PRODUCT
AND PROCESSED FOOD:
  (A) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD PRODUCTS PROCURED BY
AGENCIES;
  (B)  THE  TOTAL DOLLAR VALUE OF FOOD PRODUCTS FROM OUTSIDE OF NEW YORK
STATE PROCURED BY AGENCIES DURING THEIR LISTED NEW YORK STATE AVAILABIL-
ITY PERIODS; AND
  (C) THE TOTAL DOLLAR VALUE OF ALL OTHER FOOD PRODUCTS FROM OUTSIDE  OF
NEW  YORK  STATE  AND PROCESSED FOOD FROM FACILITIES OUTSIDE OF NEW YORK
STATE.

S. 4061                             3

  H. The commissioner and the commissioner of agriculture  and  markets,
shall  advise  and  assist the chancellor of the state university of New
York in extending the benefits of the provisions of this subdivision  to
the university and shall modify any regulations or procedures heretofore
established  pursuant  to  this subdivision, in order to facilitate such
participation.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

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