S T A T E   O F   N E W   Y O R K
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                                  5410

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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, the state finance  law,
  and the economic development law, in relation to procurement of local-
  ly grown farm and food products and codifying the New York state coun-
  cil on food policy

  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 "local food, farms, and jobs act".
  S  2.  Section  16  of  the  agriculture and markets law is amended by
adding a new subdivision 6-a to read as follows:
  6-A. ESTABLISH A NEW YORK STATE COUNCIL ON FOOD POLICY.   THE  PURPOSE
OF  THE  COUNCIL  SHALL  BE TO FACILITATE THE GROWTH OF A NEW YORK-BASED
LOCAL FARM AND FOOD PRODUCT ECONOMY THAT  REVITALIZES  RURAL  AND  URBAN
COMMUNITIES, PROMOTES HEALTHY EATING WITH ACCESS TO FRESH FOODS, CREATES
JOBS,  ENSURES  A  READILY AVAILABLE SUPPLY OF SAFE FOOD IN AN EMERGENCY
EVENT, AND SUPPORTS ECONOMIC GROWTH THROUGH MAKING LOCAL  FARM  OR  FOOD
PRODUCTS AVAILABLE TO ALL NEW YORK CITIZENS.
  (A)  THE  RESPONSIBILITIES  OF  THE COUNCIL SHALL INCLUDE, BUT ARE NOT
LIMITED TO, THE FOLLOWING:
  (I) TO DEVELOP AND RECOMMEND A FOOD POLICY FOR THE STATE WHICH  RECOG-
NIZES THAT IT IS IN THE BEST INTERESTS OF THE STATE TO ENSURE THE AVAIL-
ABILITY  OF  AN ADEQUATE SUPPLY OF AFFORDABLE, FRESH AND NUTRITIOUS FOOD
TO ITS RESIDENTS;
  (II) TO DEVELOP AND RECOMMEND STATE POLICIES  TO  EXPAND  AGRICULTURAL
PRODUCTION, INCLUDING LOCALLY-GROWN AND ORGANICALLY-GROWN FOOD;
  (III)  TO DEVELOP AND RECOMMEND A STRATEGIC PLAN FOR IMPLEMENTATION OF
THE STATE FOOD POLICY, INCLUDING BENCHMARKS AND CRITERIA  FOR  MEASURING
PROGRESS IN ACHIEVING STATE FOOD POLICY OBJECTIVES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10054-02-3

              

S. 5410                             2

  (IV)  TO  OFFER  COMMENTS ON STATE REGULATIONS, LEGISLATION AND BUDGET
PROPOSALS IN THE AREA OF  FOOD  POLICY,  TO  ENSURE  A  COORDINATED  AND
COMPREHENSIVE INTER-AGENCY APPROACH TO FOOD POLICY ISSUES;
  (V)  TO ASSIST STATE AGENCIES, STATE-OWNED FACILITIES, AND OTHER ENTI-
TIES WITH THE PURCHASE OF LOCAL FARM OR FOOD PRODUCTS AND WITH  TRACKING
AND  REPORTING  OF SUCH PURCHASES IN ORDER TO MEET THE GOALS ESTABLISHED
IN THIS SECTION;
  (VI) TO ASSIST LOCAL FARM  AND  FOOD  ENTREPRENEURS  TO  IDENTIFY  AND
SECURE  NECESSARY RESOURCES AND EQUIPMENT TO BEGIN, MAINTAIN, AND EXPAND
PROJECTS AND NETWORKS NECESSARY FOR THE DEVELOPMENT  OF  LOCAL  FARM  OR
FOOD  PRODUCTS;  PROVIDED,  HOWEVER,  THAT  THE  COUNCIL WILL FACILITATE
PROGRAM START-UPS AND THEN  RELINQUISH  RIGHTS,  BENEFITS,  AND  CONTROL
WITHIN A REASONABLY SHORT DURATION OF TIME;
  (VII)  TO  FACILITATE THE BUILDING OF INFRASTRUCTURE, INCLUDING AGGRE-
GATION, PROCESSING,  STORAGE,  PACKAGING,  AND  DISTRIBUTION  FACILITIES
NECESSARY  TO  MOVE  LOCAL  FARM  OR  FOOD  PRODUCTS  TO LOCAL AND OTHER
MARKETS;
  (VIII) TO SUPPORT AND EXPAND PROGRAMS THAT RECRUIT, TRAIN, AND PROVIDE
TECHNICAL ASSISTANCE TO NEW YORK  FARMERS  AND  RESIDENTS  IN  ORDER  TO
ENCOURAGE THE PRODUCTION OF LOCAL FARM OR FOOD PRODUCTS;
  (IX)  TO  COORDINATE INTERAGENCY POLICIES, INITIATIVES, AND PROCEDURES
PROMOTING LOCAL FARM AND FOOD PRODUCTS IN NEW YORK COMMUNITIES, BY WORK-
ING WITH AND INVOLVING STATE, FEDERAL, AND LOCAL AGENCIES,  AS  WELL  AS
COMMUNITY  BASED  ORGANIZATIONS,  EDUCATIONAL  INSTITUTIONS,  AND  TRADE
ORGANIZATIONS IN EXECUTING THE PURPOSES OF THIS SECTION;
  (X) TO FACILITATE THE ELIMINATION  OF  LEGAL  BARRIERS  HINDERING  THE
DEVELOPMENT  OF  A  LOCAL FARM AND FOOD ECONOMY BY WORKING WITH FEDERAL,
STATE, AND LOCAL PUBLIC HEALTH AGENCIES, OTHER AGENCIES  AND  APPLICABLE
ENTITIES,  AND  THE  NEW  YORK ATTORNEY GENERAL TO CREATE CONSISTENT AND
COMPATIBLE REGULATIONS FOR THE PRODUCTION,  STORAGE,  DISTRIBUTION,  AND
MARKETING OF LOCAL FARM OR FOOD PRODUCTS;
  (XI)  TO  FACILITATE THE USE OF PUBLIC LANDS FOR GROWING LOCAL FARM OR
FOOD PRODUCTS BY WORKING WITH GOVERNMENTAL ENTITIES AT THE LOCAL, STATE,
AND FEDERAL LEVELS;
  (XII) TO SET ANNUAL GOALS FOR ALL PURCHASES  OF  LOCAL  FARM  OR  FOOD
PRODUCTS BY NEW YORK RESIDENTS AND TO MONITOR THE DEVELOPMENT AND EXPAN-
SION OF A LOCAL FARM AND FOOD ECONOMY THROUGH DATA COLLECTION, TRACKING,
MEASUREMENT,  ANALYSIS,  AND  REPORTING  ON  PROGRESS  MADE IN AN ANNUAL
REPORT TO THE LEGISLATURE; AND
  (XIII) TO INITIATE AND FACILITATE PUBLIC AWARENESS CAMPAIGNS ABOUT THE
ECONOMIC BENEFITS OF A LOCAL FARM AND FOOD ECONOMY.
  (B) THE COUNCIL SHALL CONSIST OF THIRTY-FIVE MEMBERS AS  FOLLOWS:  THE
COMMISSIONER OF AGRICULTURE AND MARKETS, THE COMMISSIONER OF HEALTH, THE
COMMISSIONER  OF  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE  COMMIS-
SIONER  OF  EDUCATION,  THE  COMMISSIONER  OF THE DEPARTMENT OF ECONOMIC
DEVELOPMENT, THE DIRECTOR OF THE OFFICE FOR THE AGING AND  THE  DIRECTOR
OF  THE OFFICE OF RURAL AFFAIRS; FOUR MEMBERS WITH EXPERIENCE AND EXPER-
TISE RELATED TO AGRICULTURE, NUTRITION OR FOOD POLICY APPOINTED  ON  THE
RECOMMENDATION  OF  THE  LEGISLATIVE  LEADERS, ONE EACH BY THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY; THE  DEAN  OF
THE  NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE SCIENCES; ONE MEMBER
REPRESENTING FARM ORGANIZATIONS; ONE  MEMBER  REPRESENTING  SCHOOL  FOOD
ADMINISTRATORS;  ONE  MEMBER REPRESENTING CONSUMERS; TWO MEMBERS REPRES-
ENTING AN ORGANIZATION THAT PROVIDES FOOD ASSISTANCE; ONE MEMBER REPRES-

S. 5410                             3

ENTING ANTI-HUNGER ADVOCATES; ONE MEMBER  WHO  IS  A  NUTRITIONIST;  TWO
MEMBERS REPRESENTING THE FOOD INDUSTRY, WHO ARE PRODUCERS, DISTRIBUTORS,
PROCESSORS  OR  RETAILERS IN THE STATE OF NEW YORK, AT LEAST ONE OF WHOM
PRODUCES  ORGANIC  FOOD; FOUR LOCAL FARM OR FOOD PRODUCT FARMERS REPRES-
ENTING DIFFERENT AGRIBUSINESS SECTORS, INCLUDING, BUT  NOT  LIMITED  TO,
THE  DAIRY,  MEAT,  VEGETABLE, AND GRAIN SECTORS; TWO REPRESENTATIVES OF
NOT-FOR-PROFIT EDUCATIONAL ORGANIZATIONS THAT SPECIALIZE  IN  SUPPORTING
AND  EXPANDING  LOCAL  FARM  OR  FOOD PRODUCT NETWORKS; ONE CERTIFIER OF
SPECIALTY LOCAL FARM OR FOOD PRODUCTS, SUCH  AS  AN  ORGANIC,  NATURALLY
GROWN, BIODYNAMIC, HALAL, OR KOSHER CERTIFIER; ONE REPRESENTATIVE FROM A
PHILANTHROPIC  ORGANIZATION  SUPPORTING THE DEVELOPMENT OF LOCAL FARM OR
FOOD PRODUCTS; TWO MUNICIPAL REPRESENTATIVES FROM DIFFERENT  COMMUNITIES
IN  THE  STATE ACTIVELY ENGAGED IN THE DEVELOPMENT OF LOCAL FARM OR FOOD
PRODUCTS; TWO REPRESENTATIVES FROM COMMUNITY-BASED ORGANIZATIONS  FOCUS-
ING  ON  ACCESS TO LOCAL FARM OR FOOD PRODUCTS, INCLUDING AT LEAST THREE
MINORITY MEMBERS; AND ONE CHEF SPECIALIZING IN THE PREPARATION OF LOCAL-
LY GROWN FOODS.
  (C) THE TWENTY-SEVEN NON-STATE GOVERNMENTAL  BOARD  MEMBERS  SHALL  BE
APPOINTED BY THE GOVERNOR TO THREE-YEAR STAGGERED TERMS AS DETERMINED BY
THE  GOVERNOR. SUCH PERSONS MAY BE NOMINATED BY ORGANIZATIONS REPRESENT-
ING THE SECTORS OUTLINED IN PARAGRAPH (B) OF THIS SUBDIVISION. VACANCIES
SHALL BE FILLED BY THE GOVERNOR.
  (D) THE COUNCIL MAY APPLY FOR AND ESTABLISH  A  NOT-FOR-PROFIT  CORPO-
RATION.
  (E)  THE  BOARD  OF  DIRECTORS SHALL ELECT ITS PRESIDING OFFICERS FROM
AMONG ITS MEMBERS AND MAY ELECT OR APPOINT AN EXECUTIVE COMMITTEE, OTHER
COMMITTEES, AND SUBCOMMITTEES TO CONDUCT THE BUSINESS OF  THE  ORGANIZA-
TION.
  (F)  THE  COUNCIL  MAY  SOLICIT  GRANTS, LOANS, AND CONTRIBUTIONS FROM
PUBLIC OR PRIVATE SOURCES AND MAY  ENTER  INTO  ANY  CONTRACTS,  GRANTS,
LOANS,  OR  AGREEMENTS  WITH RESPECT TO THE USE OF SUCH FUNDS TO EXECUTE
THE PURPOSES OF THIS SUBDIVISION.
  (G) THE COUNCIL SHALL ISSUE A WRITTEN  REPORT  ON  THE  FIRST  DAY  OF
DECEMBER  EACH  YEAR  ON:  (I)  THE ACTIVITIES OF THE COUNCIL DURING THE
PRECEDING YEAR; (II) RECOMMENDED FOOD  POLICIES  FOR  THE  STATE;  (III)
RECOMMENDED  CHANGES  TO  THE  STRATEGIC  PLAN;  (IV)  AN ACCOUNT OF THE
PROGRESS MADE IN ACHIEVING THE GOALS OF THE  COUNCIL;  AND  (V)  ACTIONS
WHICH  ARE NECESSARY TO IMPLEMENT THE RECOMMENDATIONS OF THE COUNCIL AND
EFFECTUATE ITS PURPOSES.
  (H) SUBJECT TO THE AVAILABILITY OF PUBLIC OR PRIVATE FUNDS, THE  BOARD
OF  DIRECTORS  MAY EMPLOY AN EXECUTIVE DIRECTOR, TREASURER, OTHER STAFF,
OR INDEPENDENT CONTRACTORS NECESSARY TO EXECUTE  THE  PURPOSES  OF  THIS
SUBDIVISION,  AND  IT  MAY  FIX  THE  COMPENSATION, BENEFITS, TERMS, AND
CONDITIONS OF THOSE PERSONS' EMPLOYMENT.
  (I) THE STATE GOVERNMENTAL AGENCIES REPRESENTED ON THE BOARD OF DIREC-
TORS MAY RE-DIRECT EXISTING STAFF, AS APPROPRIATIONS PERMIT;  ASSIST  IN
EXECUTING  THE  PURPOSES  OF THIS SUBDIVISION; AND PROVIDE OFFICE SPACE,
MEETING SPACE, AND OTHER RESEARCH AND COMMUNICATION SERVICES  AS  APPRO-
PRIATE.
  (J)  NO  MEMBER  OF THE COUNCIL SHALL BE DISQUALIFIED FROM HOLDING ANY
PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
OR EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. MEMBERS  OF
THE  COUNCIL  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT SHALL
BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  PERFORM-
ANCE  OF  THEIR  FUNCTIONS  HEREUNDER.  ALL MEMBERS OF THE COUNCIL SHALL

S. 5410                             4

SERVE AT THE PLEASURE OF THE GOVERNOR AND VACANCIES SHALL BE  FILLED  IN
THE SAME MANNER AS ORIGINAL APPOINTMENTS.
  S 3. The state finance law is amended by adding a new section 163-c to
read as follows:
  S  163-C.  PROCUREMENT  GOALS FOR LOCAL FARM OR FOOD PRODUCTS. 1.  FOR
THE PURPOSES OF THIS SECTION, "LOCAL FARM OR FOOD PRODUCTS" ARE PRODUCTS
GROWN, PROCESSED, PACKAGED, AND DISTRIBUTED  BY  NEW  YORK  CITIZENS  OR
BUSINESSES LOCATED WHOLLY WITHIN THE BORDERS OF NEW YORK STATE.
  2.  (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD
ECONOMIES THROUGHOUT NEW YORK, IT SHALL BE THE GOAL OF THIS STATE THAT:
  (I) TWENTY PERCENT OF ALL FOOD AND FOOD PRODUCTS  PURCHASED  BY  STATE
AGENCIES  AND  STATE-OWNED  FACILITIES,  INCLUDING,  WITHOUT LIMITATION,
FACILITIES FOR PERSONS WITH MENTAL HEALTH  AND  DEVELOPMENTAL  DISABILI-
TIES,  CORRECTIONAL  FACILITIES,  AND PUBLIC UNIVERSITIES, SHALL, BY TWO
THOUSAND FIFTEEN, BE LOCAL FARM OR FOOD PRODUCTS; AND
  (II) FIFTY PERCENT OF ALL FOOD AND FOOD PRODUCTS  PURCHASED  BY  STATE
AGENCIES  AND  STATE-OWNED  FACILITIES,  INCLUDING,  WITHOUT LIMITATION,
FACILITIES FOR PERSONS WITH MENTAL HEALTH  AND  DEVELOPMENTAL  DISABILI-
TIES,  CORRECTIONAL  FACILITIES,  AND PUBLIC UNIVERSITIES, SHALL, BY TWO
THOUSAND TWENTY, BE LOCAL FARM OR FOOD PRODUCTS.
  (B) THE NEW YORK STATE  COUNCIL  ON  FOOD  POLICY  SHALL  SUPPORT  AND
ENCOURAGE  THAT  TWENTY-FIVE PERCENT OF FOOD AND FOOD PRODUCTS PURCHASED
BY ENTITIES FUNDED IN PART OR IN WHOLE BY STATE FUNDS, WHICH SPEND  MORE
THAN  TWENTY-FIVE THOUSAND DOLLARS PER YEAR ON FOOD OR FOOD PRODUCTS FOR
ITS STUDENTS, RESIDENTS,  OR  CLIENTS,  INCLUDING,  WITHOUT  LIMITATION,
PUBLIC SCHOOLS, CHILD CARE FACILITIES, AFTER-SCHOOL PROGRAMS, AND HOSPI-
TALS,  SHALL,  BY  TWO THOUSAND FIFTEEN, BE LOCAL FARM OR FOOD PRODUCTS.
THE GOAL SHALL INCREASE TO FORTY PERCENT BY TWO THOUSAND TWENTY.
  (C) TO MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A STATE CONTRACT
FOR PURCHASE OF FOOD OR FOOD PRODUCTS IS TO BE  AWARDED  TO  THE  LOWEST
RESPONSIBLE  BIDDER,  AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE
CONTRACT THROUGH THE USE OF LOCAL FARM OR FOOD  PRODUCTS  MAY  BE  GIVEN
PREFERENCE  OVER  OTHER  BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE
BID OF LOCAL FARM OR FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT  GREATER
THAN  THE  COST  INCLUDED  IN  A  BID THAT IS NOT FOR LOCAL FARM OR FOOD
PRODUCTS.
  (D) ALL STATE AGENCIES AND STATE-OWNED FACILITIES THAT  PURCHASE  FOOD
AND FOOD PRODUCTS SHALL, WITH THE ASSISTANCE OF THE NEW YORK STATE COUN-
CIL  ON FOOD POLICY, DEVELOP A SYSTEM FOR (I) IDENTIFYING THE PERCENTAGE
OF LOCAL FARM OR FOOD PRODUCTS PURCHASED FOR FISCAL  YEAR  TWO  THOUSAND
FOURTEEN  AS THE BASELINE; AND (II) TRACKING AND REPORTING LOCAL FARM OR
FOOD PRODUCTS PURCHASES ON AN ANNUAL BASIS.
  S 4. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 47 to read as follows:
  47.  ESTABLISH,  AND  MAKE AVAILABLE ON ITS WEBSITE, A GEO-CODED ELEC-
TRONIC DATABASE TO FACILITATE THE PURCHASE OF  FRESH  PRODUCE  AND  FOOD
PRODUCTS  BY  SCHOOLS.  THE DATABASE SHALL BE DEVELOPED JOINTLY WITH THE
NEW YORK STATE COUNCIL ON FOOD POLICY AND, AT  A  MINIMUM,  CONTAIN  THE
INFORMATION  NECESSARY  FOR (A) SCHOOLS TO IDENTIFY AND CONTACT AGRICUL-
TURAL PRODUCERS THAT ARE INTERESTED IN SUPPLYING SCHOOLS  IN  THE  STATE
WITH  FRESH  PRODUCE AND FOOD PRODUCTS AND (B) AGRICULTURAL PRODUCERS OF
FRESH PRODUCE AND FOOD PRODUCTS TO IDENTIFY SCHOOLS IN  THE  STATE  THAT
ARE INTERESTED IN PURCHASING THOSE PRODUCTS.
  S 5. Subdivisions 8 and 9 of section 180-a of the economic development
law, as added by chapter 550 of the laws of 1999, are amended to read as
follows:

S. 5410                             5

  8.  geographically  balanced  public input and advice from individuals
and agencies directly involved with the production, processing, manufac-
turing and storage of agricultural products; and such other  individuals
and  agencies as may be engaged in state and local activities in support
of economic development in the agriculture resource industry; [and]
  9.  THE  ESTABLISHMENT  AND  PURPOSES OF THE NEW YORK STATE COUNCIL ON
FOOD POLICY ESTABLISHED PURSUANT TO SUBDIVISION SIX-A OF SECTION SIXTEEN
OF THE AGRICULTURE AND MARKETS LAW; AND
  10. all things necessary or convenient to  carry  out  the  functions,
powers and duties expressly set forth in this article.
  S 6. This act shall take effect immediately.