senate Bill S5552B

Signed by Governor

Relates to local product procurement and a procurement training program for agricultural business

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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

  • 17 / May / 2013
    • REFERRED TO AGRICULTURE
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 24 / May / 2013
    • PRINT NUMBER 5552A
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1366
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO AGRICULTURE
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO AGRICULTURE
  • 20 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 28 / May / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 28 / May / 2014
    • PRINT NUMBER 5552B
  • 02 / Jun / 2014
    • 1ST REPORT CAL.1078
  • 03 / Jun / 2014
    • 2ND REPORT CAL.
  • 09 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A7572A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.544
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 11 / Sep / 2014
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2014
    • SIGNED CHAP.381

Summary

Relates to local product procurement and a procurement training program for agricultural business.

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Bill Details

See Assembly Version of this Bill:
A7572A
Versions:
S5552
S5552A
S5552B
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §16, Ag & Mkts L; amd §100, Ec Dev L; amd §163, St Fin L
Versions Introduced in 2013-2014 Legislative Cycle:
A7572

Sponsor Memo

BILL NUMBER:S5552B

TITLE OF BILL: An act to amend the agriculture and markets law, the
economic development law and the state finance law, in relation to
local product procurement; and in relation to a procurement training
program for agricultural business

PURPOSE:

The purpose of this bill is to provide government procurement training
to small businesses, including farms, selling New York farm products.

SUMMARY OF PROVISIONS:

Section 1: Amends the Agriculture and Markets Law to provide for
procurement training programs in each region of the state for small
food and farm businesses selling New York food products. The program
may also include counties, municipalities and school districts that
may be interested in purchasing locally-sourced food.

Section 2: Amends Economic Development Law to authorize the Department
of Economic Development to assist with such training.

Section 3: Amends State Finance Law to authorize the Office of General
Services to assist with the training program.

Section 4: States this act shall take effect immediately.

JUSTIFICATION:

Under current State Finance Law, and General Municipal Law, state
agencies, local governments and school districts are permitted to give
a preference to state food producers or processors. It cannot be
stated enough how important agriculture is to our state's economy.
The agriculture and forestry industries have a combined economic
impact of $38 billion on state economic output, and generate 196,200
jobs.

Our current state procurement process does not provide enough support
for New York's farmers and small food businesses selling locally grown
foods. State agencies and other levels of government can play a vital
role in ensuring the continued strength of our agricultural sector.
These entities have great purchasing power.

This legislation provides for a training program for small food and
farm businesses interested in participating in the procurement
process. The Office of General Services, the Department of Economic
Development and Department of Agriculture and Markets will work
together to provide an annual training program in each of the economic
development regions. Such a program will provide these businesses
with invaluable information on navigating the procurement process.
Additionally, businesses will learn what goods are in demand but not
produced in sufficient quantities.

LEGISLATIVE HISTORY:

New Bill.


FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

Immediately

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

                                 5552--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 17, 2013
                               ___________

Introduced  by Sens. VALESKY, RITCHIE -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Agriculture  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Agri-
  culture in accordance with Senate Rule 6, sec. 8 -- reported favorably
  from said committee and committed  to  the  Committee  on  Finance  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the agriculture and markets law, the  economic  develop-
  ment  law  and  the  state  finance  law, in relation to local product
  procurement; and in relation to a  procurement  training  program  for
  agricultural business

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 2-d to read as follows:
  2-D. COORDINATE WITH THE OFFICE OF GENERAL SERVICES AND THE DEPARTMENT
OF ECONOMIC DEVELOPMENT TO PROVIDE A TRAINING PROGRAM ONCE PER YEAR,  IN
EACH  ECONOMIC  DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN OF THE
ECONOMIC DEVELOPMENT LAW, TO ENCOURAGE AND INCREASE PARTICIPATION IN THE
PROCUREMENT PROCESS, PURSUANT TO ARTICLE ELEVEN  OF  THE  STATE  FINANCE
LAW,  BY  SMALL BUSINESSES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
OF THE ECONOMIC DEVELOPMENT LAW, INCLUDING FARMS, SELLING FOOD  OR  FOOD
PRODUCTS  GROWN, PRODUCED, HARVESTED, OR PROCESSED IN NEW YORK STATE AND
ASSIST SUCH BUSINESSES IN IDENTIFYING SUCH FOOD OR FOOD PRODUCTS,  WHICH
MAY  HELP TO MEET STATE AGENCIES' NEEDS.  THE DEPARTMENTS AND OFFICE MAY
ALSO INVITE TO THE REGIONAL TRAINING PROGRAMS REPRESENTATIVES  OF  LOCAL
GOVERNMENTS,  INCLUDING  SCHOOL  DISTRICTS,  THAT  MAY  BE INTERESTED IN
PURCHASING NEW YORK STATE FOOD PRODUCTS.
  S 2. Section 100 of the economic development law is amended by  adding
a new subdivision 18-i to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11055-08-4

S. 5552--B                          2

  18-I.   TO AID THE DEPARTMENT OF AGRICULTURE AND MARKETS AND OFFICE OF
GENERAL SERVICES IN PROVIDING A TRAINING PROGRAM ONCE PER YEAR, IN  EACH
ECONOMIC DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN OF THIS CHAP-
TER, TO ENCOURAGE AND INCREASE PARTICIPATION IN THE PROCUREMENT PROCESS,
PURSUANT  TO  ARTICLE  ELEVEN  OF  THE STATE FINANCE LAW, BY SMALL BUSI-
NESSES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE  OF  THIS  CHAPTER,
INCLUDING   FARMS,  SELLING  FOOD  OR  FOOD  PRODUCTS  GROWN,  PRODUCED,
HARVESTED, OR PROCESSED IN NEW YORK STATE AND ASSIST SUCH BUSINESSES  IN
IDENTIFYING  SUCH  FOOD  OR  FOOD PRODUCTS, WHICH MAY HELP TO MEET STATE
AGENCIES' NEEDS.
  S 3. Subparagraphs (vii), (viii), (ix), (x) and (xi) of paragraph b of
subdivision 3 of section 163 of  the  state  finance  law,  subparagraph
(vii)  as  added  by  chapter 584 of the laws of 2005, and subparagraphs
(viii), (ix), (x) and (xi) as added by chapter 137 of the laws of  2008,
are amended to read as follows:
  (vii) ASSIST THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE DEPART-
MENT  OF  ECONOMIC  DEVELOPMENT IN PROVIDING A TRAINING PROGRAM ONCE PER
YEAR, IN EACH ECONOMIC DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN
OF THE ECONOMIC DEVELOPMENT LAW, TO ENCOURAGE AND INCREASE PARTICIPATION
IN THE PROCUREMENT PROCESS, PURSUANT TO THIS  ARTICLE,  BY  SMALL  BUSI-
NESSES,  AS  DEFINED  IN  SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC
DEVELOPMENT LAW, INCLUDING FARMS, SELLING FOOD OR FOOD  PRODUCTS  GROWN,
PRODUCED,  HARVESTED,  OR  PROCESSED  IN  NEW YORK STATE AND ASSIST SUCH
BUSINESSES IN IDENTIFYING SUCH FOOD OR FOOD PRODUCTS WHICH MAY  HELP  TO
MEET STATE AGENCIES' NEEDS.
  (VIII)  maintain a list of contractors which produce or manufacture or
offer  for  sale  environmentally-sensitive  cleaning  and   maintenance
products  in the form, function and utility generally used by elementary
and secondary schools in accordance with  specifications  or  guidelines
promulgated  pursuant  to  section  four hundred nine-i of the education
law.
  [(viii)] (IX) review and consider prior to issuance of  bid  solicita-
tions the term of the proposed contract based on factors, including, but
not  limited  to; (A) the nature of the commodity, (B) the complexity of
the procurement, (C) the identity and type of purchasers, (D) the  suit-
ability  of  the  contract  for adding additional contractors during the
term, and (E) the estimated contract value. This determination shall  be
documented in the procurement record.
  [(ix)]  (X)  reasonably  consider  aggregate amount of public sales by
potential vendors.
  [(x)] (XI) review and consider the feasibility  of  creating  regional
contracts for commodities being procured by the state.
  [(xi)]  (XII)  maintain  a  procurement  record  for  each centralized
contract procurement identifying, with supporting  documentation,  deci-
sions  made  by  the  commissioner  during  the procurement process. The
procurement record shall include, but not be limited to,  each  contract
amendment, and the justification for each.
  S 4. This act shall take effect immediately; provided however that the
amendments  made  to  subparagraphs (vii), (viii), (ix), (x) and (xi) of
paragraph b of subdivision 3 of section 163 of the state finance law  by
section  three  of  this act shall not affect the repeal of such section
and shall be deemed repealed therewith.

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