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

                                  3302

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by M. of A. PEOPLES-STOKES, BARRETT, LOPEZ, JAFFEE, BLANKEN-
  BUSH, ABINANTI, STIRPE, RUSSELL, PAULIN,  SKOUFIS  --  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.  The opening paragraph of paragraph a, paragraphs b, c,  subpara-
graph (i) of paragraph f and paragraph h of subdivision 4 of section 165
of the state finance law, the opening paragraph of paragraph a, subpara-
graph  (i)  of  paragraph f and paragraph h as amended by chapter 533 of
the laws of 2013, and paragraphs b and c as amended by  chapter  137  of
the laws of 2008, are amended to read as follows:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01325-01-5
              

A. 3302                             2

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
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.]
  (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] require-
ments 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.
  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] 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.

A. 3302                             3

  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.