The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8665--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. LUPARDO -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  state  finance law, in relation to establishing
   procurement goals for the purchase of New York state food products  by
   state agencies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-c to read as follows:
   §  163-C. PROCUREMENT GOALS FOR NEW YORK STATE FOOD PRODUCTS. 1. DEFI-
 NITION. FOR THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE  FOOD
 PRODUCT" SHALL MEAN A FOOD ITEM THAT IS:
   (A) GROWN, HARVESTED, OR PRODUCED IN THIS STATE; OR
   (B)  PROCESSED  INSIDE OR OUTSIDE THIS STATE COMPRISING OVER FIFTY-ONE
 PERCENT AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS
 STATE, BY WEIGHT OR VOLUME.
   2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND  FOOD
 ECONOMIES  THROUGHOUT  NEW YORK, ALL STATE AGENCIES ANNUALLY SPENDING AN
 AMOUNT EXCEEDING FIFTY THOUSAND DOLLARS ON FOOD OR FOOD  PRODUCTS  SHALL
 SET  PERCENTAGE  GOALS FOR NEW YORK STATE FOOD PRODUCTS PURCHASED YEARLY
 AND IF A STATE AGENCY SPENDS AN AMOUNT GREATER  THAN  OR  EQUAL  TO  TWO
 MILLION  DOLLARS  ANNUALLY  ON FOOD OR FOOD PRODUCTS THEN:  IN THE FIRST
 AND SECOND YEAR AFTER THE EFFECTIVE  DATE  OF  THIS  SECTION,  AT  LEAST
 FIFTEEN  PERCENT  OF  ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE
 AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; IN THE  THIRD  YEAR  AFTER
 THE  EFFECTIVE DATE OF THIS SECTION, AT LEAST TWENTY PERCENT OF ALL FOOD
 AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE
 FOOD PRODUCTS; AND  IN THE FOURTH YEAR AFTER THE EFFECTIVE DATE OF  THIS
 SECTION  AND  THEREAFTER,  AT  LEAST TWENTY-FIVE PERCENT OF ALL FOOD AND
 FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL  BE  NEW  YORK  STATE
 FOOD PRODUCTS.
   (B) TO MEET THE GOAL SET FORTH IN THIS SUBDIVISION, WHEN A STATE AGEN-
 CY'S CONTRACT FOR THE PURCHASE OF FOOD OR FOOD PRODUCTS IS TO BE AWARDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11264-05-2
 A. 8665--A                          2
 
 TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO WILL
 FULFILL THE CONTRACT THROUGH THE USE OF NEW YORK STATE FOOD PRODUCTS MAY
 BE  GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED
 IN  THE BID OF NEW YORK STATE FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT
 GREATER THAN THE COST INCLUDED IN A BID THAT IS NOT FOR NEW  YORK  STATE
 FOOD PRODUCTS.
   3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
 CONTRACTING STATE AGENCY PURCHASING FOOD OR FOOD PRODUCTS, IN HIS OR HER
 SOLE DISCRETION, DETERMINES THAT: (A) PURCHASING NEW YORK STATE FOOD  OR
 FOOD  PRODUCTS  PURSUANT  TO  THE  PROVISIONS IN SUBDIVISION ONE OF THIS
 SECTION WOULD BE AGAINST THE PUBLIC INTEREST; (B)  PURCHASING  NEW  YORK
 STATE  FOOD  OR FOOD PRODUCTS WOULD INCREASE THE COST OF THE CONTRACT BY
 AN UNREASONABLE AMOUNT; (C) NEW  YORK  STATE  FOOD  PRODUCTS  CANNOT  BE
 OBTAINED IN SUFFICIENT AND REASONABLE AVAILABLE QUANTITIES AND OF SATIS-
 FACTORY  QUALITY TO MEET THE CONTRACTING STATE AGENCY'S REQUIREMENTS; OR
 (D) PURCHASING FOOD OR  FOOD  PRODUCTS  GROWN,  HARVESTED,  OR  PRODUCED
 OUTSIDE OF THIS STATE, OR FOOD PROCESSED IN FACILITIES INSIDE OR OUTSIDE
 OF  THIS  STATE COMPRISING LESS THAN  FIFTY-ONE PERCENT AGRICULTURAL RAW
 MATERIALS GROWN, HARVESTED, OR PRODUCED IN  THIS  STATE,  BY  WEIGHT  OR
 VOLUME,  IS  NECESSARY  TO AVOID A DELAY IN THE DELIVERY OF FOOD OR FOOD
 PRODUCTS.
   4. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  CONFLICT  WITH  OR
 OTHERWISE  LIMIT  THE  GOALS  AND  REQUIREMENTS SET FORTH BY SECTION ONE
 HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW AND  ARTICLES  FIFTEEN-A  AND
 SEVENTEEN-B  OF  THE  EXECUTIVE LAW. ANY CONTRACTS MEETING THE GOALS AND
 REQUIREMENTS SET FORTH BY THIS SECTION, IN ADDITION TO REQUIREMENTS  SET
 FORTH  BY  SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW AND/OR
 ARTICLES FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNT-
 ED TOWARD ALL APPLICABLE GOALS AND REQUIREMENTS IT MAY SATISFY.
   5. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF  AGRICUL-
 TURE  AND  MARKETS  SHALL  PERIODICALLY,  BUT  NO LATER THAN EVERY THREE
 YEARS, REVIEW THE NEW  YORK  STATE  FOOD  AND  FOOD  PRODUCT  GOALS  AND
 REQUIREMENTS  SET  FORTH  BY  SUBDIVISION TWO OF THIS SECTION, AND SHALL
 ISSUE A JOINT RECOMMENDATION SUGGESTING ANY CHANGES IN  SUCH  GOALS  AND
 REQUIREMENTS DEEMED NECESSARY. SUCH RECOMMENDATION SHALL BE SUBMITTED TO
 THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
 THE ASSEMBLY.
   §  2. Paragraph g of subdivision 4 of section 165 of the state finance
 law, as amended by chapter 533 of the laws of 2013, is amended  to  read
 as follows:
   g.  No  later  than December first of each year the commissioner shall
 annually report to the governor and legislature on the implementation of
 this subdivision. Such report shall include, at minimum:
   (i) a description of the office's efforts to improve and increase  the
 tracking  of  information  relating  to  New York state food procured by
 agencies; [and]
   (ii) the information collected pursuant to paragraph f of this  subdi-
 vision, compiled to provide the following, disaggregated by food product
 and processed food:
   (a) the total dollar value of New York state food products procured by
 agencies;
   (b)  the  total dollar value of food products from outside of New York
 state procured by agencies during their listed New York state availabil-
 ity periods; and
 A. 8665--A                          3
 
   (c) the total dollar value of all other food products from outside  of
 New  York  state  and processed food from facilities outside of New York
 state; AND
   (III)  AN  ANNUAL  SUMMARY  DETAILING  EACH STATE AGENCY CONTRACT MADE
 WHICH SATISFIES THE NEW YORK STATE FOOD PRODUCT  PROCUREMENT  GOALS  AND
 REQUIREMENTS  AS  SET FORTH BY SECTION ONE HUNDRED SIXTY-THREE-C OF THIS
 ARTICLE, DISAGGREGATED BY CONTRACTING AGENCY, TO INCLUDE  THE  FOLLOWING
 INFORMATION:
   (A)  THE  TOTAL DOLLAR VALUE OF ALL FOOD OR FOOD PRODUCTS PURCHASED IN
 EACH CONTRACT;
   (B) THE TOTAL DOLLAR VALUE OF NEW YORK STATE  FOOD  OR  FOOD  PRODUCTS
 PURCHASED IN EACH CONTRACT;
   (C)  THE  TOTAL  DOLLAR VALUE OF FOOD OR FOOD PRODUCTS FROM OUTSIDE OF
 NEW YORK STATE AND FOOD PROCESSED FROM FACILITIES INSIDE OR  OUTSIDE  OF
 NEW  YORK  STATE  COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL
 RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT  OR
 VOLUME PURCHASED IN EACH CONTRACT;
   (D)  THE AGENCY'S ANNUAL AGGREGATE PERCENTAGE OF FOOD OR FOOD PRODUCTS
 PURCHASED; AND
   (E) AN ENUMERATION OF ALL CONTRACTS ENTERED INTO IN WHICH THE HEAD  OF
 THE  CONTRACTING  STATE AGENCY APPLIED ONE OF THE EXCEPTIONS PURSUANT TO
 SUBDIVISION THREE OF SECTION ONE HUNDRED AND SIXTY-THREE-A OF THIS ARTI-
 CLE IN THE AWARDING OF A BID; AND THE TOTAL DOLLAR  AMOUNT  OF  FOOD  OR
 FOOD  PRODUCTS  FROM  OUTSIDE  OF NEW YORK STATE AND FOOD PROCESSED FROM
 FACILITIES INSIDE OR OUTSIDE OF NEW  YORK  STATE  COMPRISING  LESS  THAN
 FIFTY-ONE  PERCENT  OF  AGRICULTURAL  RAW MATERIALS GROWN, HARVESTED, OR
 PRODUCED IN THIS STATE, PURCHASED IN SUCH CONTRACTS.
   § 3. This act shall take effect one year after it shall have become  a
 law;  provided,  however, that section two of this act shall take effect
 two years after it shall have become a law.