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

                                  10206

                          I N  A S S E M B L Y

                              May 11, 2012
                               ___________

Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
  Committee on Governmental Operations

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;
  (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.

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

                                                           LBD15392-02-2

A. 10206                            2

  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.
  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

A. 10206                            3

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.