S T A T E O F N E W Y O R K
________________________________________________________________________
8038
2011-2012 Regular Sessions
I N A S S E M B L Y
May 27, 2011
___________
Introduced by M. of A. SPANO -- read once and referred to the Committee
on Agriculture
AN ACT to amend the state finance law and the agriculture and markets
law, in relation to enacting the "buy from the backyard act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "buy from the backyard act".
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] SHALL require provisions that mandate that [all or
some], DURING EACH STATE FISCAL YEAR, NOT LESS THAN TWENTY PERCENT 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.
b. The commissioner of agriculture and markets shall determine AND
CERTIFY, using uniform criteria, those food products for which the
requirements of this subdivision are deemed MOST beneficial and shall
promulgate and forward to the appropriate agencies a list of such food
products, and shall in addition ascertain those periods of time each
year that those food products are available in sufficient 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. FOR THE
PURPOSES OF THIS SUBDIVISION, "COMPETITIVE PURCHASING" OF NEW YORK FOOD
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07264-01-1
A. 8038 2
PRODUCTS SHALL BE DEEMED TO BE ESTABLISHED WHEN THE COST OF SUCH
PRODUCTS ARE NOT MORE THAN TEN PERCENT HIGHER THAN OTHER FOOD PRODUCTS.
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] SHALL include in its solicitation a
requirement 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.
(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. In such cases, the purchasing agency
[may] SHALL 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, it may waive the provisions of this subdivision and award a
contract in accordance with other applicable statutes. [In addition, if
the commissioners of agriculture 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.]
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.
(ii) Any successful offerer who fails to comply with the provisions of
this subdivision, at the discretion of such agency, board, office or
A. 8038 3
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] THE IMPLEMENTATION of the provisions of
this subdivision [to] BY the STATE university [and shall modify any
regulations or procedures heretofore established pursuant to this subdi-
vision, in order to facilitate such participation] OF NEW YORK.
S 3. The agriculture and markets law is amended by adding a new
section 5-a to read as follows:
S 5-A. REPORT ON PURCHASE OF NEW YORK FOOD PRODUCTS. ON OR BEFORE
MARCH FIRST EACH YEAR, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND
THE LEGISLATURE ON THE IMPLEMENTATION OF THE PROVISIONS OF SUBDIVISION
FOUR OF SECTION ONE HUNDRED SIXTY-FIVE OF THE STATE FINANCE LAW. SUCH
REPORT SHALL INCLUDE THE LEVEL OF COMPLIANCE BY STATE AGENCIES WITH THE
PROVISIONS OF SUCH SUBDIVISION, THE AVAILABLE NEW YORK FOOD PRODUCTS AND
THE PRODUCERS AND/OR PROCESSORS THEREOF WHICH WERE PURCHASED AND RECOM-
MENDATIONS FOR THE IMPROVED IMPLEMENTATION OF SUCH SUBDIVISION.
S 4. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.