S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4406--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. LUPARDO, WOERNER, THIELE, FAHY, DICKENS, GUNTHER,
   GLICK, BUTTENSCHON, STIRPE, JONES, TAGUE, FITZPATRICK, HAWLEY, ANGELI-
   NO,  RAGA  --  read once and referred to the Committee on Governmental
   Operations -- recommitted to the Committee on Governmental  Operations
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  state  finance law, in relation to establishing
   procurement goals for the purchase of New York state food products  by
   state agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-e to read as follows:
   §  163-E.  PROCUREMENT  GOALS FOR NEW YORK STATE FOOD PRODUCTS. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "NEW YORK STATE FOOD PRODUCT" SHALL MEAN A FOOD OR DRINK ITEM THAT
 IS:
   (I) GROWN, HARVESTED, OR PRODUCED IN THIS STATE;
   (II) PROCESSED INSIDE OR OUTSIDE THIS STATE COMPRISING OVER  FIFTY-ONE
 PERCENT AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS
 STATE, BY WEIGHT OR VOLUME; OR
   (III)  INTENDED  FOR HUMAN CONSUMPTION THAT MAY BE PURCHASED USING ANY
 FUNDING STREAM MANAGED BY ANY  STATE  AGENCY,  INCLUDING  ANY  FEDERALLY
 FUNDED PROGRAMS.
   (B)  "STATE AGENCY" SHALL MEAN ANY AGENCY OR DEPARTMENT OVER WHICH THE
 GOVERNOR HAS EXECUTIVE AUTHORITY, INCLUDING ALL  OFFICES  AND  DIVISIONS
 THEREOF,  AS  WELL  AS  ALL  PUBLIC  AUTHORITIES  FOR WHICH THE GOVERNOR
 APPOINTS THE CHAIR, THE  CHIEF  EXECUTIVE,  OR  THE  MAJORITY  OF  BOARD
 MEMBERS,  INCLUDING  ALL  OFFICES  AND DIVISIONS THEREOF, EXCEPT FOR THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08184-04-4
              

 A. 4406--A                          2
 
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY. STATE  AGENCY  SHALL  INCLUDE
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK.
   2.  (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD
 ECONOMIES THROUGHOUT NEW YORK, ALL STATE AGENCIES ANNUALLY  SPENDING  AN
 AMOUNT  EXCEEDING  FIFTY  THOUSAND  DOLLARS  ON  FOOD PRODUCTS SHALL SET
 PERCENTAGE GOALS FOR NEW YORK STATE FOOD PRODUCTS PURCHASED  YEARLY  AND
 IF  A STATE AGENCY SPENDS AN AMOUNT GREATER THAN OR EQUAL TO TWO MILLION
 DOLLARS ANNUALLY ON FOOD PRODUCTS THEN:
   (I) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  TWENTY-FIVE,  AT
 LEAST FIFTEEN PERCENT OF ALL FOOD PRODUCTS PURCHASED BY SUCH STATE AGEN-
 CY SHALL BE NEW YORK STATE FOOD PRODUCTS;
   (II)  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AT
 LEAST TWENTY PERCENT OF ALL FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY
 SHALL BE NEW YORK STATE FOOD PRODUCTS;
   (III) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-SEVEN,
 AT  LEAST  TWENTY-FIVE  PERCENT  OF  ALL FOOD PRODUCTS PURCHASED BY SUCH
 STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; AND
   (IV) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT AND
 THEREAFTER, AT LEAST THIRTY PERCENT OF ALL FOOD  PRODUCTS  PURCHASED  BY
 SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS.
   (B) TO MEET THE GOAL SET FORTH IN THIS SUBDIVISION, WHEN A STATE AGEN-
 CY'S  CONTRACT FOR THE PURCHASE OF FOOD PRODUCTS IS TO BE AWARDED TO THE
 LOWEST RESPONSIBLE  BIDDER,  AN  OTHERWISE  QUALIFIED  BIDDER  WHO  WILL
 FULFILL THE CONTRACT THROUGH THE USE OF NEW YORK STATE FOOD PRODUCTS MAY
 BE  GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED
 IN THE BID OF NEW YORK STATE FOOD PRODUCTS IS NOT MORE THAN TEN  PERCENT
 GREATER  THAN  THE COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE
 FOOD PRODUCTS.
   3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD  OF  THE
 CONTRACTING  STATE  AGENCY  PURCHASING FOOD PRODUCTS, IN HIS OR HER SOLE
 DISCRETION, DETERMINES THAT: (A) PURCHASING NEW YORK STATE FOOD PRODUCTS
 PURSUANT TO THE PROVISIONS IN SUBDIVISION ONE OF THIS SECTION  WOULD  BE
 AGAINST THE PUBLIC INTEREST; (B) PURCHASING NEW YORK STATE FOOD PRODUCTS
 WOULD  INCREASE  THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; (C)
 NEW YORK STATE FOOD  PRODUCTS  CANNOT  BE  OBTAINED  IN  SUFFICIENT  AND
 REASONABLE  AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE
 CONTRACTING STATE AGENCY'S REQUIREMENTS; OR (D) PURCHASING FOOD PRODUCTS
 GROWN, HARVESTED, OR PRODUCED OUTSIDE OF THIS  STATE,  OR  PROCESSED  IN
 FACILITIES  INSIDE OR OUTSIDE OF THIS STATE COMPRISING LESS THAN  FIFTY-
 ONE PERCENT AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED  IN
 THIS  STATE,  BY  WEIGHT OR VOLUME, IS NECESSARY TO AVOID A DELAY IN THE
 DELIVERY OF FOOD PRODUCTS.
   4. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  CONFLICT  WITH  OR
 OTHERWISE  LIMIT  THE  GOALS  AND  REQUIREMENTS SET FORTH BY SECTION ONE
 HUNDRED SIXTY-TWO OF THIS ARTICLE AND ARTICLES FIFTEEN-A AND SEVENTEEN-B
 OF THE EXECUTIVE LAW. ANY CONTRACTS MEETING THE GOALS  AND  REQUIREMENTS
 SET  FORTH  BY  THIS  SECTION,  IN ADDITION TO REQUIREMENTS SET FORTH BY
 SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE AND/OR ARTICLES  FIFTEEN-A
 AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNTED TOWARD ALL APPLI-
 CABLE GOALS AND REQUIREMENTS IT MAY SATISFY.
   5.  THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF AGRICUL-
 TURE AND MARKETS SHALL PERIODICALLY,  BUT  NO  LATER  THAN  EVERY  THREE
 YEARS, REVIEW THE NEW YORK STATE FOOD PRODUCT GOALS AND REQUIREMENTS SET
 FORTH BY SUBDIVISION TWO OF THIS SECTION, AND SHALL ISSUE A JOINT RECOM-
 MENDATION  SUGGESTING  ANY CHANGES IN SUCH GOALS AND REQUIREMENTS DEEMED
 A. 4406--A                          3
 
 NECESSARY. SUCH RECOMMENDATION SHALL BE SUBMITTED TO THE  GOVERNOR,  THE
 TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
   §  2. Paragraph g of subdivision 4 of section 165 of the state finance
 law,  as  amended by chapter 533 of the laws of 2013, is amended to read
 as follows:
   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  PRODUCTS
 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 PRODUCTS from  facilities  outside  of
 New York state; AND
   (III)  AN  ANNUAL  SUMMARY  DETAILING  EACH STATE AGENCY CONTRACT MADE
 WHICH SATISFIES THE NEW YORK STATE FOOD PRODUCT  PROCUREMENT  GOALS  AND
 REQUIREMENTS  AS  SET FORTH BY SECTION ONE HUNDRED SIXTY-THREE-C OF THIS
 ARTICLE, DISAGGREGATED BY CONTRACTING AGENCY, TO INCLUDE  THE  FOLLOWING
 INFORMATION:
   (A)  THE  TOTAL  DOLLAR  VALUE  OF ALL FOOD PRODUCTS PURCHASED IN EACH
 CONTRACT;
   (B) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD  PRODUCTS  PURCHASED
 IN EACH CONTRACT;
   (C)  THE  TOTAL DOLLAR VALUE OF FOOD PRODUCTS FROM OUTSIDE OF NEW YORK
 STATE AND FOOD PRODUCTS PROCESSED FROM FACILITIES INSIDE OR  OUTSIDE  OF
 NEW  YORK  STATE  COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL
 RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT  OR
 VOLUME PURCHASED IN EACH CONTRACT;
   (D)   THE  AGENCY'S  ANNUAL  AGGREGATE  PERCENTAGE  OF  FOOD  PRODUCTS
 PURCHASED; AND
   (E) AN ENUMERATION OF ALL CONTRACTS ENTERED INTO IN WHICH THE HEAD  OF
 THE  CONTRACTING  STATE AGENCY APPLIED ONE OF THE EXCEPTIONS PURSUANT TO
 SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-THREE-A OF  THIS  ARTICLE
 IN  THE  AWARDING OF A BID; AND THE TOTAL DOLLAR AMOUNT OF FOOD PRODUCTS
 FROM OUTSIDE OF NEW YORK STATE AND FOOD PRODUCTS PROCESSED FROM  FACILI-
 TIES  INSIDE OR OUTSIDE OF NEW YORK STATE COMPRISING LESS THAN FIFTY-ONE
 PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR  PRODUCED  IN
 THIS STATE, PURCHASED IN SUCH CONTRACTS.
   §  3. This act shall take effect one year after it shall have become a
 law; provided, however, that section two of this act shall  take  effect
 two years after it shall have become a law.