S. 7534 2
a public meeting, PROVIDED FURTHER, HOWEVER, THAT PURCHASE CONTRACTS
(INCLUDING CONTRACTS FOR SERVICE WORK, BUT EXCLUDING ANY PURCHASE
CONTRACTS NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
QUALIFIED BIDDER WHO FULFILLS ONE OR MORE OF THE VALUES BASED PROCURE-
MENT STANDARDS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND THE
CONTRACT MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS PROVIDED, HOWEVER,
THAT THE COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER
THAN THE COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER AND
PROVIDED FURTHER THAT THE BIDDER PROVIDES ALL RELEVANT SUPPLY CHAIN DATA
IN ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY, UPDATED ANNUALLY
AND UPON CHANGES, AND THAT THE APPROPRIATE OFFICER, BOARD OR AGENCY
SHALL MAKE THIS DATA PUBLICLY AVAILABLE WITHOUT THE NEED FOR A FREEDOM
OF INFORMATION LAW REQUEST, EXCEPTING DATA PROHIBITED BY STATE LAW. In
any case where a responsible bidder's or responsible offerer's gross
price is reducible by an allowance for the value of used machinery,
equipment, apparatus or tools to be traded in by a political subdivi-
sion, the gross price shall be reduced by the amount of such allowance,
for the purpose of determining the best value. In cases where two or
more responsible bidders furnishing the required security submit identi-
cal bids as to price, such officer, board or agency may award the
contract to any of such bidders. Such officer, board or agency may, in
his or her or its discretion, reject all bids or offers and readvertise
for new bids or offers in the manner provided by this section. In deter-
mining whether a purchase is an expenditure within the discretionary
threshold amounts established by this subdivision, the officer, board or
agency of a political subdivision or of any district therein shall
consider the reasonably expected aggregate amount of all purchases of
the same commodities, services or technology to be made within the
twelve-month period commencing on the date of purchase. Purchases of
commodities, services or technology shall not be artificially divided
for the purpose of satisfying the discretionary buying thresholds estab-
lished by this subdivision. A change to or a renewal of a discretionary
purchase shall not be permitted if the change or renewal would bring the
reasonably expected aggregate amount of all purchases of the same
commodities, services or technology from the same provider within the
twelve-month period commencing on the date of the first purchase to an
amount greater than the discretionary buying threshold amount. For
purposes of this section, "sealed bids" and "sealed offers", as that
term applies to purchase contracts, (including contracts for service
work, but excluding any purchase contracts necessary for the completion
of a public works contract pursuant to article eight of the labor law)
shall include bids and offers submitted in an electronic format includ-
ing submission of the statement of non-collusion required by section one
hundred three-d of this article, provided that the governing board of
the political subdivision or district, by resolution, has authorized the
receipt of bids and offers in such format. Submission in electronic
format may, for technology contracts only, be required as the sole meth-
od for the submission of bids and offers. Bids and offers submitted in
an electronic format shall be transmitted by bidders and offerers to the
receiving device designated by the political subdivision or district.
Any method used to receive electronic bids and offers shall comply with
article three of the state technology law, and any rules and regulations
promulgated and guidelines developed thereunder and, at a minimum, must
[(a)] (I) document the time and date of receipt of each bid and offer
received electronically; [(b)] (II) authenticate the identity of the
S. 7534 3
sender; [(c)] (III) ensure the security of the information transmitted;
and [(d)] (IV) ensure the confidentiality of the bid or offer until the
time and date established for the opening of bids or offers. The timely
submission of an electronic bid or offer in compliance with instructions
provided for such submission in the advertisement for bids or offers
and/or the specifications shall be the responsibility solely of each
bidder or offerer or prospective bidder or offerer. No political subdi-
vision or district therein shall incur any liability from delays of or
interruptions in the receiving device designated for the submission and
receipt of electronic bids and offers.
(B) SUPPLIER DATA SHALL BE SUBMITTED AT THE TIME OF BID, TO THE BEST
OF THE BIDDER'S ABILITY, UPDATED AT POINT OF CONTRACT, AND THEN UPDATED
ANNUALLY AND UPON CHANGES. ANY CONTRACTOR SHALL SUBMIT UPDATED SUPPLIER
DATA. SUCH DATA REQUIRED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE THE
NAME AND ADDRESS OF EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND
PRODUCER INVOLVED IN THE PROVISION OF THE PRODUCTS THAT THE BIDDER WILL
SUPPLY.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
(I) LOCAL ECONOMIES. PREFERENCE SHALL BE GIVEN TO NEW YORK STATE OR
REGIONAL SUPPLIERS THAT ARE SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE
PERCENT OF THE RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED,
PROCESSED AND MANUFACTURED FROM WITHIN THE STATE OR REGION (WITHIN TWO
HUNDRED FIFTY MILES FOR PRODUCE AND FIVE HUNDRED MILES FOR ANIMAL
PRODUCTS); OR
(II) ENVIRONMENTAL SUSTAINABILITY. PREFERENCE SHALL BE GIVEN TO
PRODUCERS THAT ADOPT PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH
AND INCREASED CARBON SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET
SHORT-TERM AND LONG-TERM GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL
INCLUDE THOSE RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE OR THEIR EQUIVALENT, THAT WILL:
(A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
FERTILIZERS THROUGH USE OF PRECISION AGRICULTURE, INTEGRATED PEST
MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
(B) AVOID THE MISUSE OR ROUTINE USE OF HORMONES OR ANTIBIOTICS FOR
GROWTH PROMOTION OR ONGOING DISEASE PREVENTION;
(C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
ENCE OF SOILS;
(D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
(E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND AVOID CONTRIB-
UTING TO DETERIORATION OF LOCAL AIR QUALITY;
(F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
AGRICULTURAL WASTE, AND MANURE MANAGEMENT; AND
(G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
HOUSE GAS EMISSIONS; OR
(III) RACIAL EQUITY. PREFERENCE SHALL BE GIVEN TO MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECU-
TIVE LAW.
(IV) VALUED WORKFORCE. IN ORDER TO AVOID LABOR UNREST AND THEREBY
SECURE BEST VALUE, PREFERENCE SHALL BE GIVEN TO SUPPLIERS WHO: RESPECT
AND PROTECT WORKERS' RIGHTS TO FREEDOM OF ASSOCIATION, TO ORGANIZE A
UNION, AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION; AS EVIDENCED
S. 7534 4
BY A UNION CONTRACT OR AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT
WITH A BONA FIDE LABOR UNION UPON REQUEST BY THAT UNION; OR ARE A WORK-
ER-OWNED COOPERATIVE; OR
(V) VALUED AGRICULTURAL WORKFORCE. PREFERENCE SHALL BE GIVEN TO
SUPPLIERS WHO PAY FARMERS A FAIR PRICE, USING UNITED STATES DEPARTMENT
OF AGRICULTURE PRICING STANDARDS, FOR THE PRODUCTS THEY SUPPLY THAT
COVERS THEIR ACTUAL COST OF PRODUCTION AND FAIR REMUNERATION FOR THEIR
MANAGEMENT AND LABOR; OR
(VI) ANIMAL WELFARE. PREFERENCE SHALL BE GIVEN TO PRODUCERS WHO
PROVIDE MORE HUMANE CARE FOR FARMED ANIMALS BY PROHIBITING INTENSIVE
CONFINEMENT (E.G. CAGING, CRATING OR TETHERING), PROVIDING ENOUGH SPACE
AND ENVIRONMENTAL ENRICHMENTS TO ALLOW ANIMALS TO CARRY OUT THEIR
NATURAL BEHAVIORS, USING PAIN CONTROL AS NEEDED WHEN CARRYING OUT PHYS-
ICAL ALTERATIONS, UTILIZING RESPONSIBLE, THERAPEUTIC ANTIBIOTIC USE, AND
REQUIRING HUMANE HANDLING AND SLAUGHTER, AS DEMONSTRATED BY AN INDEPEND-
ENT UNITED STATES DEPARTMENT OF AGRICULTURE RECOGNIZED ANIMAL WELFARE
CERTIFICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING
A PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S
WELFARE STANDARDS; OR
(VII) NUTRITION. PREFERENCE SHALL BE GIVEN TO FOODS THAT PROMOTE
HEALTH AND WELL-BEING, COMPRISED OF NAMELY WHOLE GRAINS, FRESH AND MINI-
MALLY-PROCESSED FRUITS AND VEGETABLES, ESSENTIAL FATS (INCLUDING NUTS,
SEEDS AND FISH), AND WHOLE PLANT-BASED AND LEAN PROTEINS SO AS TO
DECREASE SODIUM, ADDED SUGARS, ARTIFICIAL ADDITIVES, AND SATURATED,
HYDROGENATED, AND TRANS FATS.
§ 2. Subdivision 1 of section 103 of the general municipal law, as
amended by section 2 of chapter 2 of the laws of 2012, is amended to
read as follows:
1. (A) Except as otherwise expressly provided by an act of the legis-
lature or by a local law adopted prior to September first, nineteen
hundred fifty-three, all contracts for public work involving an expendi-
ture of more than thirty-five thousand dollars and all purchase
contracts involving an expenditure of more than twenty thousand dollars,
shall be awarded by the appropriate officer, board or agency of a poli-
tical subdivision or of any district therein including but not limited
to a soil conservation district to the lowest responsible bidder
furnishing the required security after advertisement for sealed bids in
the manner provided by this section, provided, however, that purchase
contracts (including contracts for service work, but excluding any
purchase contracts necessary for the completion of a public works
contract pursuant to article eight of the labor law) may be awarded on
the basis of best value, as defined in section one hundred sixty-three
of the state finance law, to a responsive and responsible bidder or
offerer in the manner provided by this section except that in a poli-
tical subdivision other than a city with a population of one million
inhabitants or more or any district, board or agency with jurisdiction
exclusively therein the use of best value of awarding a purchase
contract or purchase contracts must be authorized by local law or, in
the case of a district corporation, school district or board of cooper-
ative educational services, by rule, regulation or resolution adopted at
a public meeting, PROVIDED FURTHER, HOWEVER, THAT PURCHASE CONTRACTS
(INCLUDING CONTRACTS FOR SERVICE WORK, BUT EXCLUDING ANY PURCHASE
CONTRACTS NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
QUALIFIED BIDDER WHO FULFILLS ONE OR MORE OF THE VALUES BASED PROCURE-
MENT STANDARDS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND THE
S. 7534 5
CONTRACT MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS PROVIDED, HOWEVER
THAT THE COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER
THAN THE COST INCLUDED IN A BID BY THE LOWEST RESPONSIBLE BIDDER AND
PROVIDED FURTHER THAT THE BIDDER PROVIDES ALL RELEVANT SUPPLY CHAIN DATA
IN ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY, UPDATED ANNUALLY
AND UPON CHANGES, AND THAT THE APPROPRIATE OFFICER, BOARD OR AGENCY
SHALL MAKE THIS DATA PUBLICLY AVAILABLE WITHOUT THE NEED FOR A FREEDOM
OF INFORMATION LAW REQUEST, EXCEPTING DATA PROHIBITED BY STATE LAW. In
determining whether a purchase is an expenditure within the discretion-
ary threshold amounts established by this subdivision, the officer,
board or agency of a political subdivision or of any district therein
shall consider the reasonably expected aggregate amount of all purchases
of the same commodities, services or technology to be made within the
twelve-month period commencing on the date of purchase. Purchases of
commodities, services or technology shall not be artificially divided
for the purpose of satisfying the discretionary buying thresholds estab-
lished by this subdivision. A change to or a renewal of a discretionary
purchase shall not be permitted if the change or renewal would bring the
reasonably expected aggregate amount of all purchases of the same
commodities, services or technology from the same provider within the
twelve-month period commencing on the date of the first purchase to an
amount greater than the discretionary buying threshold amount. In any
case where a responsible bidder's or responsible offerer's gross price
is reducible by an allowance for the value of used machinery, equipment,
apparatus or tools to be traded in by a political subdivision, the gross
price shall be reduced by the amount of such allowance, for the purpose
of determining the low bid or best value. In cases where two or more
responsible bidders furnishing the required security submit identical
bids as to price, such officer, board or agency may award the contract
to any of such bidders. Such officer, board or agency may, in his, her
or its discretion, reject all bids or offers and readvertise for new
bids or offers in the manner provided by this section.
(B) SUPPLIER DATA SHALL BE SUBMITTED AT THE TIME OF BID, TO THE BEST
OF THE BIDDER'S ABILITY, UPDATED AT POINT OF CONTRACT, AND THEN UPDATED
ANNUALLY AND UPON CHANGES. ANY CONTRACTOR SHALL SUBMIT UPDATED SUPPLIER
DATA. SUCH DATA REQUIRED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE THE
NAME AND ADDRESS OF EACH SUPPLIER, DISTRIBUTOR, PROCESSOR, AND
PRODUCER INVOLVED IN THE PROVISION OF THE PRODUCTS THAT THE BIDDER WILL
SUPPLY.
(C) FOR THE PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
(I) LOCAL ECONOMIES. PREFERENCE SHALL BE GIVEN TO NEW YORK STATE OR
REGIONAL SUPPLIERS THAT ARE SOURCING FOOD PRODUCTS IN WHICH FIFTY-ONE
PERCENT OF THE RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED,
PROCESSED AND MANUFACTURED FROM WITHIN THE STATE OR REGION (WITHIN TWO
HUNDRED FIFTY MILES FOR PRODUCE AND FIVE HUNDRED MILES FOR ANIMAL
PRODUCTS); OR
(II) ENVIRONMENTAL SUSTAINABILITY. PREFERENCE SHALL BE GIVEN TO
PRODUCERS THAT ADOPT PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH
AND INCREASED CARBON SEQUESTRATION AND STORAGE, AND THAT ACHIEVE NET
SHORT-TERM AND LONG-TERM GREENHOUSE GAS BENEFITS. THESE PRACTICES
INCLUDE THOSE RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE OR THEIR EQUIVALENT, THAT WILL:
(A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
FERTILIZERS THROUGH USE OF PRECISION AGRICULTURE, INTEGRATED PEST
MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
S. 7534 6
(B) AVOID THE MISUSE OR ROUTINE USE OF HORMONES OR ANTIBIOTICS FOR
GROWTH PROMOTION OR ONGOING DISEASE PREVENTION;
(C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
TICES, INCLUDING BUT NOT LIMITED TO PLANTING COVER CROPS, ADOPTING
NO-TILL AND REDUCED TILLAGE, INCREASING CROP ROTATIONS AND INTERCROP-
PING, AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
ENCE OF SOILS;
(D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
(E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND AVOID CONTRIB-
UTING TO DETERIORATION OF LOCAL AIR QUALITY;
(F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
AGRICULTURAL WASTE, AND MANURE MANAGEMENT; AND
(G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
HOUSE GAS EMISSIONS; OR
(III) RACIAL EQUITY. PREFERENCE SHALL BE GIVEN TO MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECU-
TIVE LAW
(IV) VALUED WORKFORCE. IN ORDER TO AVOID LABOR UNREST AND THEREBY
SECURE BEST VALUE, PREFERENCE SHALL BE GIVEN TO SUPPLIERS WHO: RESPECT
AND PROTECT WORKERS' RIGHTS TO FREEDOM OF ASSOCIATION, TO ORGANIZE A
UNION, AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION; AS EVIDENCED
BY A UNION CONTRACT OR AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT
WITH A BONA FIDE LABOR UNION UPON REQUEST BY THAT UNION; OR ARE A WORK-
ER-OWNED COOPERATIVE; OR
(V) VALUED AGRICULTURAL WORKFORCE. PREFERENCE SHALL BE GIVEN TO
SUPPLIERS WHO PAY FARMERS A FAIR PRICE, USING UNITED STATES DEPARTMENT
OF AGRICULTURE PRICING STANDARDS, FOR THE PRODUCTS THEY SUPPLY THAT
COVERS THEIR ACTUAL COST OF PRODUCTION AND FAIR REMUNERATION FOR THEIR
MANAGEMENT AND LABOR; OR
(VI) ANIMAL WELFARE. PREFERENCE SHALL BE GIVEN TO PRODUCERS WHO
PROVIDE MORE HUMANE CARE FOR FARMED ANIMALS BY PROHIBITING INTENSIVE
CONFINEMENT (E.G. CAGING, CRATING OR TETHERING), PROVIDING ENOUGH SPACE
AND ENVIRONMENTAL ENRICHMENTS TO ALLOW ANIMALS TO CARRY OUT THEIR
NATURAL BEHAVIORS, USING PAIN CONTROL AS NEEDED WHEN CARRYING OUT PHYS-
ICAL ALTERATIONS, UTILIZING RESPONSIBLE, THERAPEUTIC ANTIBIOTIC USE, AND
REQUIRING HUMANE HANDLING AND SLAUGHTER, AS DEMONSTRATED BY AN INDEPEND-
ENT UNITED STATES DEPARTMENT OF AGRICULTURE RECOGNIZED ANIMAL WELFARE
CERTIFICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING
A PRODUCER'S COMPLIANCE WITH ONE HUNDRED PERCENT OF THE PROGRAM'S
WELFARE STANDARDS; OR
(VII) NUTRITION. PREFERENCE SHALL BE GIVEN TO FOODS THAT PROMOTE
HEALTH AND WELL-BEING, COMPRISED OF NAMELY WHOLE GRAINS, FRESH AND MINI-
MALLY-PROCESSED FRUITS AND VEGETABLES, ESSENTIAL FATS (INCLUDING NUTS,
SEEDS AND FISH), AND WHOLE PLANT-BASED AND LEAN PROTEINS SO AS TO
DECREASE SODIUM, ADDED SUGARS, ARTIFICIAL ADDITIVES, AND SATURATED,
HYDROGENATED, AND TRANS FATS.
§ 3. This act shall take effect immediately; provided, however, that
the amendments to subdivision 1 of section 103 of the general municipal
law made by section one of this act shall be subject to the expiration
and reversion of such subdivision when upon such date the provisions of
section two of this act shall take effect.
