S T A T E O F N E W Y O R K
________________________________________________________________________
2959
2023-2024 Regular Sessions
I N A S S E M B L Y
February 1, 2023
___________
Introduced by M. of A. WOERNER, OTIS -- read once and referred to the
Committee on Education
AN ACT to amend the general municipal law, in relation to facilitating
school districts in purchasing local agricultural products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b), (b-1) and (c) of subdivision 9 of section
103 of the general municipal law, paragraphs (b) and (c) as amended and
paragraph (b-1) as added by chapter 90 of the laws of 2017, are amended
to read as follows:
(b) [the amount that may be expended by a school district in any
fiscal year for such purchases shall not exceed an amount equal to twen-
ty cents multiplied by the total number of days in the school year
multiplied by the total enrollment of such school district;
(b-1) the amount that may be expended by a board of cooperative educa-
tional services in any fiscal year for such purchases shall not exceed
an amount equal to twenty cents multiplied by the total number of days
in the school year multiplied by the number of students receiving
services by such board of cooperative educational services at facilities
operated by a board of cooperative educational services;
(c)] all such purchases shall be administered pursuant to regulations
promulgated by the commissioner of education. Such regulations shall: be
developed in consultation with the commissioner of agriculture and
markets to accommodate and promote the provisions of the farm-to-school
program established pursuant to subdivision five-b of section sixteen of
the agriculture and markets law and subdivision thirty-one of section
three hundred five of the education law as added by chapter two of the
laws of two thousand [two] ONE; ensure that the prices paid by a
district or board of cooperative educational services for any items so
purchased do not exceed the prices of comparable local farm products
that are available to districts through their usual purchases of such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06353-01-3
A. 2959 2
items; ensure that all producers and growers who desire to sell to
school districts or boards of cooperative educational services can read-
ily access information in accordance with the farm-to-school law;
include provisions for situations when more than one producer or grower
seeks to sell the same product to a district or board of cooperative
educational services to ensure that all such producers or growers have
an equitable opportunity to do so in a manner similar to the usual
purchasing practices of such districts or boards of cooperative educa-
tional services; develop guidelines for approval of purchases of items
from associations of more than ten growers and producers; and, to the
maximum extent practicable, minimize additional paperwork, recordkeeping
and other similar requirements on both growers and producers and school
districts.
§ 2. Section 103 of the general municipal law is amended by adding a
new subdivision 17 to read as follows:
17. (A) WHEN A BOARD OF EDUCATION, ON BEHALF OF A SCHOOL OR SCHOOL
DISTRICT, ADVERTISES AN OFFER FOR BIDS, IT MAY INCLUDE IN ITS SPECIFICA-
TIONS LANGUAGE FAVORING LOCAL OR REGIONAL PROCUREMENT WHERE PROXIMITY TO
THE OFFEROR IS REASONABLY RELATED TO THE PERFORMANCE OF THE SERVICES OR
THE PROVISION OF THE GOODS, INCLUDING THE TYPE OR QUALITY OF GOODS,
BEING SOUGHT.
(B) UPON A DETERMINATION BY THE BOARD OF EDUCATION ADVERTISING SUCH A
BID THAT THE GOODS OR SERVICES INCLUDED IN SUCH AN OFFER ARE NOT AVAIL-
ABLE LOCALLY OR REGIONALLY, ANY LANGUAGE SPECIFYING PROXIMITY TO THE
OFFEROR SHALL BE WAIVED UNTIL THE NEXT CONTRACT FOR SUCH GOODS OR
SERVICES IS LET OUT FOR BID.
(C) IN THE EVENT THAT A BOARD OF EDUCATION RECEIVES NO ACCEPTABLE BIDS
IT MAY WAIVE THE LANGUAGE SPECIFYING PROXIMITY TO THE OFFEROR AND SHALL
AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed by the commissioner of the department of agriculture and
markets in consultation with the commissioner of the department of
education on or before such effective date.