The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3125
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08184-01-3

 S. 3125                             2
 
   (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
 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 THIS ARTICLE AND ARTICLES FIFTEEN-A AND SEVEN-
 TEEN-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 THIS ARTICLE  AND/OR  ARTICLES
 FIFTEEN-A  AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNTED 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
 S. 3125                             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.