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

                                  5552

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 17, 2013
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets 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 2 of the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:
  6. "LOCAL FOOD PRODUCTS" MEANS  ANY  FOOD  PRODUCTS  THAT  ARE  GROWN,
PRODUCED, HARVESTED, AND/OR PROCESSED BY NEW YORK CITIZENS OR BUSINESSES
LOCATED WITHIN THE BORDERS OF NEW YORK STATE, AND PREDOMINANTLY CONTAINS
NEW YORK-GROWN INGREDIENTS.
  S 2. Subdivision 4 of section 165 of the state finance law, as amended
by chapter 137 of the laws of 2008, is amended to read as follows:
  4.  Special  provisions  for  purchase  of  available  New  York  food
products.
  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] LOCAL FOOD PRODUCTS, AS  SUCH  TERM
IS  DEFINED  IN  SUBDIVISION  SIX  OF SECTION TWO OF THE AGRICULTURE AND
MARKETS LAW.
  b. The commissioner of agriculture and markets shall determine,  using
uniform  criteria, those LOCAL food products, AS SUCH TERM IS DEFINED IN
SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS  LAW,  for
which  the  requirements  of  this subdivision are deemed beneficial and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11055-02-3
              

S. 5552                             2

shall promulgate and forward to the appropriate agencies a list of  such
LOCAL  food  products,  and shall in addition ascertain those periods of
time each year that those LOCAL food products are  available  in  suffi-
cient  quantities  for  competitive  purchasing  and  shall forward such
information to purchasing agencies.  The commissioner of agriculture and
markets shall update such list as often as is deemed by him or her to be
necessary.
  c. (i) Prior  to  issuing  a  solicitation  for  such  food  products,
purchasing  agencies  shall  advise  the commissioner of agriculture and
markets of the quantities of each food product on the  list  promulgated
by  the commissioner of agriculture and markets to fulfill that agency's
purchasing needs.
  (ii) The commissioner of agriculture and  markets  will  then  make  a
determination of whether those products required by the purchasing agen-
cy  are  available  in  sufficient  quantities to satisfy the purchasing
agency's requirements.
  (iii) Upon a determination by  the  commissioner  of  agriculture  and
markets  that  the  food  products required by the purchasing agency are
available in sufficient quantities to fulfill  the  agency's  purchasing
needs,  the purchasing agency may include in its solicitation a require-
ment that all or some of those food products  are  [grown,  produced  or
harvested  in  New  York  state,  or  that  any  processing of such food
products take place in facilities located within New York  state]  LOCAL
FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN SUBDIVISION SIX OF SECTION TWO
OF  THE AGRICULTURE AND MARKETS LAW. THE PURCHASING AGENCY MAY THEN GIVE
PREFERENCE TO PROCURING LOCAL FOOD PRODUCTS, IF  THE  PRODUCTS  COST  NO
MORE  THAN  TEN  PERCENT  MORE  THAN  FOOD  PRODUCTS THAT ARE NOT GROWN,
PRODUCED, HARVESTED, AND/OR PROCESSED WITHIN THIS STATE.
  (iv) Upon a determination  by  the  commissioner  of  agriculture  and
markets  that such food products are not available in sufficient quanti-
ties to fulfill the agency's purchasing  needs,  the  purchasing  agency
shall  issue  a  solicitation  that does not require that all or some of
those food products are [grown, produced or harvested in New York state,
or that any processing of such food products take  place  in  facilities
located  within  New  York  state]  LOCAL FOOD PRODUCTS, AS SUCH TERM IS
DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS
LAW.  In such cases, the purchasing agency may include such requirements
in the next contract for such food products that is let if at such  time
those  food products are available in sufficient quantities.  If at that
time, those food products are not available  in  sufficient  quantities,
the  requirement  shall  again be waived until such time as the products
are available.
  (v) In the event that the purchasing agency receives  no  offers  that
meet  the agency's requirement that all or some of the food products are
[grown, produced or harvested in New York state, or that any  processing
of  such  food products take place in facilities located within New York
state] LOCAL FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN  SUBDIVISION  SIX
OF  SECTION  TWO  OF  THE  AGRICULTURE AND MARKETS LAW, it may waive the
provisions of this subdivision and award a contract in  accordance  with
other applicable statutes. In addition, if the commissioners of agricul-
ture  and  markets,  economic development and any such individual agency
shall agree as to the  deleterious  economic  impact  of  specifications
requiring such purchases, such agencies may waive the provisions of this
subdivision for such purchases.

S. 5552                             3

  d.  The commissioner, and the commissioner of agriculture and markets,
may issue such regulations as they deem necessary  and  proper  for  the
implementation of this subdivision.
  e. Notwithstanding any other section of law, rule, regulation or stat-
ute,  the department of agriculture and markets shall supply information
required by paragraph b of this subdivision to  the  office  of  general
services and to all other appropriate agencies.
  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] LOCAL FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN
SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS LAW.
  (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.
  g.  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  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)  WITH  THE  ASSISTANCE OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT
AND THE DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  PROVIDE  A  TRAINING
PROGRAM  ONCE  PER  YEAR, IN EACH ECONOMIC DEVELOPMENT REGION, AS ESTAB-
LISHED IN ARTICLE ELEVEN OF  THE  ECONOMIC  DEVELOPMENT  LAW,  BEGINNING
JANUARY  FIRST, TWO THOUSAND FOURTEEN, FOR AGRICULTURAL BUSINESSES. SUCH
TRAINING PROGRAM SHALL PROVIDE ASSISTANCE WITH RESPECT TO  PARTICIPATION
AS  A VENDOR IN THE PROCUREMENT PROCESS, AS ESTABLISHED IN THIS ARTICLE,
AND THE  DEVELOPMENT  OF  LOCAL  FOOD  PRODUCTS  WHICH  ARE  NOT  GROWN,
PRODUCED,  HARVESTED,  AND/OR  PROCESSED  IN  SUFFICIENT  QUANTITIES  TO
FULFILL 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.

S. 5552                             4

  [(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.

                            
                    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.