NY State Senate Bill S6648

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2016	referred to agriculture delivered to assembly passed senate
May 16, 2016	advanced to third reading
May 11, 2016	2nd report cal.
May 10, 2016	1st report cal.815
Feb 03, 2016	referred to finance

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S6648 (ACTIVE) - Details

See Assembly Version of this Bill:: A3302
Current Committee:: Assembly Agriculture
Law Section:: State Finance Law
Laws Affected:: Amd §165, St Fin L; add §5-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6974, A10584
2011-2012: S2468, A8038, A9031
2013-2014: S978, A5051
2017-2018: S3918, A2185

S6648 (ACTIVE) - Summary

Enacts the "buy from the backyard act"; requires the office of general services and other state agencies to buy 20% of all their food products from producers and/or processors in New York state; provides that the commissioner of agriculture and markets shall determine the New York food products that are available during the various times during the year; directs such commissioner to report to the governor and the legislature on the implementation of such provisions.

S6648 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6648

 TITLE OF BILL :  An act to amend the state finance law and the
agriculture and markets law, in relation to enacting the "buy from the
backyard act"

 PURPOSE :

To require that State agencies who purchase food and food products to
purchase 20% of their total contracts for food from within New York
State, likely resulting in significant spending in New York State's
agricultural industry.

 SUMMARY OF PROVISIONS :

Section 1 designates this act as the "Buy from the Backyard Act."

Section 2 amends § 165(4) of the State Finance Law requiring that
during each fiscal year, not less than 20% of food products purchased
through contracts on behalf of facilities and institutions of the
State, be products grown, produced, or harvested in New York State, or
that any processing of such food products took place within New York
State. This section also classifies the term competitive purchasing to
be deemed established when the cost of such products are not more than
ten percent higher than other food products.

Section 3 amends the Agriculture and Markets Law by adding a new
section requiring a yearly report, on or before March 1st of each
year, by the Commissioner of Agriculture and Markets, to the Governor
and Legislature regarding the compliance by State agencies with §
165(4) of State Finance Law.

Section 4 is the effective date.

 EXISTING LAW :

Article 11 of the State Finance Law pertains to state purchasing.
Section 165 of the State Finance Law provides purchasing restrictions.
Subdivision 4(a) currently provides, 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
facilities located within New York State.  There is no current
statutory requirement that a certain percentage of foods bought by
state agencies be derived from New York State.  Furthermore, there are
no statutory prescriptions that food products purchased by state
agencies must be certified New York grown by the Commissioner of the
Department of Agriculture and Markets.

Section 5 of the Agriculture and Markets Law provides the authorities,
qualifications and responsibilities of the Commissioner of Agriculture
and Markets. There are no statutory requirements that the Commissioner
produce and promulgate a report relative to the food products
purchased through contracts on behalf of facilities and institutions
of the state, pursuant to § 165(4) of State Finance Law.

 JUSTIFICATION :

This bill expands an existing program that encourages the purchase of
local food products by State agencies by requiring that not less than
20% of food products purchased through contracts on behalf of
facilities and institutions of the State be products grown, produced,
or harvested in New York State. These purchases by State agencies will
boost the agricultural economy of New York State. For these reasons it
is imperative that this legislation is enacted.

 LEGISLATIVE HISTORY :

2015: S.831 Passed Senate
2014: S.978 Passed Senate
2013: S.978 Passed Senate
2012: S.2468 - Passed Senate
2011: S.2468 - Passed Senate
2010: S.6974 - Referred to Finance

 FISCAL IMPLICATIONS :

This legislation is likely to result in significant spending in local
agricultural industries, which employ many local workers. As one of
the top industries in the State, agriculture is a vital part of our
efforts to create new jobs. There may be a slight cost to the State
due to the competitive pricing flexibility allowed in the bill.

 EFFECTIVE DATE :
This act will take effect on the first of April next succeeding the
date on which it shall have become a law.

S6648 (ACTIVE) - Bill Text download pdf

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

                                  6648

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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
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.
                                                           LBD01325-01-5

S. 6648                             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.]
  (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.
  S  3.  The  agriculture  and  markets  law  is amended by adding a new
section 5-a to read as follows:

S. 6648                             3

  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.

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The New York State Senate

senate Bill S6648

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

May 10, 2016 - Finance committee Vote

Finance Committee Vote: May 10, 2016

Co-Sponsors

S6648 (ACTIVE) - Details

S6648 (ACTIVE) - Summary

S6648 (ACTIVE) - Sponsor Memo

S6648 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6648

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 8, 2016 - floor Vote

Floor Vote: Jun 8, 2016

May 10, 2016 - Finance committee Vote

Finance Committee Vote: May 10, 2016

Co-Sponsors

S6648 (ACTIVE) - Details

S6648 (ACTIVE) - Summary

S6648 (ACTIVE) - Sponsor Memo

S6648 (ACTIVE) - Bill Text download pdf

Comments