S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7638--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced by Sens. HINCHEY, BAILEY, COONEY, FAHY, HARCKHAM, HOYLMAN-SI-
   GAL,  KRUEGER, MARTINS, MAY, MYRIE, PALUMBO, PARKER, ROLISON, S. RYAN,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to  the  Committee  on  Procurement  and  Contracts  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the general municipal law, in relation to the awarding
   of certain purchase contracts to purchase food
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 103 of the general municipal law,
 as amended by chapter 668 of the laws of 2023, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11802-02-5
              

 S. 7638--A                          2
 
 exclusively therein the use  of  best  value  for  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;  AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
 (INCLUDING CONTRACTS FOR FOOD SERVICE WORK, BUT EXCLUDING  ANY  PURCHASE
 CONTRACT  NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
 ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED: (I) TO AN  OTHER-
 WISE  QUALIFIED  BIDDER BASED IN NEW YORK STATE WHO COMPLIES WITH ONE OR
 MORE OF THE VALUES BASED PROCUREMENT STANDARDS PURSUANT TO SUBPARAGRAPHS
 (I), (II), (III), (IV), (V), (VI) AND (VII) OF  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION  AND  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; OR (II) AWARDED TO A RESPONSIVE AND RESPONSIBLE BIDDER OR OFFER-
 ER BASED IN NEW YORK STATE ON THE BASIS OF BEST  VALUE,  AS  DEFINED  IN
 SECTION  ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, IN THE MANNER
 PROVIDED BY THIS SECTION, AND WHICH COMPLIES WITH ONE  OR  MORE  OF  THE
 VALUES  BASED PROCUREMENT STANDARDS PURSUANT TO SUBPARAGRAPHS (I), (II),
 (III), (IV), (V), (VI) AND (VII) OF PARAGRAPH (C) OF  THIS  SUBDIVISION.
 PROVIDED FURTHER THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL
 BIDDERS  OR  OFFERERS  ON FOOD PURCHASE CONTRACTS SHALL PROVIDE RELEVANT
 SUPPLY CHAIN DATA IN THEIR BIDS OR OFFERS TO  THE  APPROPRIATE  OFFICER,
 BOARD  OR  AGENCY.   THE APPROPRIATE OFFICER, BOARD OR AGENCY SHALL MAKE
 SUCH DATA PUBLICLY  AVAILABLE  ON  THE  ENTITIES'  RESPECTIVE  WEBSITES,
 EXCEPTING  DATA NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
 PUBLIC OFFICERS 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  subdivision,  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  OR  OFFERERS  furnishing
 the  required security submit identical bids OR OFFERS as to price, such
 officer, board or agency may award the contract to any of  such  bidders
 OR  OFFERERS.  Such officer, board or agency may, in [his or her or its]
 THEIR discretion, reject all bids or offers and readvertise for new bids
 or offers in the manner provided by this section. In determining whether
 a purchase is an expenditure within the discretionary threshold  amounts
 established by this subdivision, the officer, board or agency of a poli-
 tical  subdivision or of any district therein shall consider the reason-
 ably 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  established  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 including submission of the
 S. 7638--A                          3
 
 statement of non-collusion required by section one  hundred  three-d  of
 this  article, provided that the governing board of the political subdi-
 vision 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  method  for  the
 submission  of  bids and offers. Provided however, the appropriate offi-
 cer, board or agency of a city with a population of one million inhabit-
 ants or more, or any district, board or agency with jurisdiction  exclu-
 sively  within  such  city, may authorize or require bids and offers for
 any contract to be submitted in an electronic format.  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  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 adver-
 tisement 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  subdivision or district therein shall incur any
 liability from delays of or interruptions in the receiving device desig-
 nated for the submission and receipt of electronic bids and offers.
   (B) (I) ALL RELEVANT  SUPPLIER  DATA,  INCLUDING  SUPPLIER  DATA  FROM
 SUBCONTRACTORS,  SHALL BE SUBMITTED TO THE ENTITY ADVERTISING THE BID OR
 OFFER AT THE TIME OF BID OR OFFER,  TO  THE  BEST  OF  THE  BIDDER'S  OR
 OFFERER'S  ABILITY,  AND UPDATED BY THE WINNING BIDDER OR OFFERER AT THE
 POINT OF CONTRACT EXECUTION. SUCH DATA SHALL ALSO BE UPDATED ANNUALLY BY
 THE WINNING BIDDER OR OFFERER AND UPON ANY CHANGES TO SUPPLIER  INFORMA-
 TION  RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSUANT TO THIS PARA-
 GRAPH SHALL INCLUDE THE NAME AND  FACILITY  ADDRESS  OF  EACH  SUPPLIER,
 DISTRIBUTOR,  PROCESSOR,  AND  PRODUCER INVOLVED IN THE PROVISION OF THE
 PRODUCTS THAT THE BIDDER OR OFFERER WILL SUPPLY.
   (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL  BIDDERS'  OR
 OFFERERS' FOOD PURCHASE CONTRACTS AND BID PROPOSALS.
   (C)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
   (I) LOCAL ECONOMIES. FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR  MORE
 OF  THE RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED
 AND MANUFACTURED WITHIN  ONE  HUNDRED  MILES  OF  THE  LOCATION  OF  THE
 PURCHASER,  OR  IN  WHICH  THE  BIDDER  OF OFFERER OF SUCH FOOD PRODUCTS
 PARTICIPATES IN THE DEPARTMENT OF AGRICULTURE  AND  MARKETS'  GROWN  AND
 CERTIFIED  PROGRAM  PURSUANT  TO  SECTION ONE HUNDRED FIFTY-SIX-H OF THE
 AGRICULTURE AND MARKETS LAW; OR
   (II) ENVIRONMENTAL  RESILIENCE.  PREFERENCE  SHALL  BE  GIVEN  TO  THE
 PRODUCERS  THAT  ADOPT ONE OR MORE 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. BUILDING
 ON PROGRESS MADE BY THE DEPARTMENT OF AGRICULTURE AND  MARKETS'  CLIMATE
 RESILIENT FARMING PROGRAM PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE-N OF
 THE  AGRICULTURE  AND  MARKETS  LAW, PARTICIPATION IN SUCH PROGRAM SHALL
 S. 7638--A                          4
 
 QUALIFY BUSINESSES FOR THIS PREFERENCE, OR USAGE OF SPECIFIC  PRACTICES.
 SUCH PRACTICES SHALL:
   (A) 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;
   (B)  ACHIEVE  THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
 FERTILIZERS;
   (C) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED  AS
 USE  WHERE  IT  CAN  BE  SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
   (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
   (E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT  AND  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; OR
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
 TAGED  FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
 TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
 VIRTUE OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE,  BUT
 IS  NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA
 NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
   (IV) VALUED WORKFORCE.   SUPPLIERS WHO RESPECT  AND  PROTECT  WORKERS'
 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
 IATE  WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER REPRESENTATION
 AND TO BARGAIN COLLECTIVELY FREE FROM RETALIATION AND  INTERFERENCE;  AS
 EVIDENCED  BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A BONA
 FIDE LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY  COMMIT-
 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
   (V)  VALUED  AGRICULTURAL  SECTOR.  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 TO SUPPLIERS WHO PAY FAIR REMUNERATION  TO  FARMERS  FOR
 THEIR MANAGEMENT AND LABOR; OR
   (VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
 ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
 ANIMALS  TO  CARRY  OUT  THEIR  NATURAL BEHAVIORS, USING PAIN CONTROL AS
 NEEDED WHEN CARRYING OUT PHYSICAL  ALTERATIONS,  UTILIZING  RESPONSIBLE,
 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
 AS  DEMONSTRATED  BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
 ICATION 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. FOODS THAT PROMOTE HEALTH AND WELL  BEING,  COMPRISED
 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
 BLES,  ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
 BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS,  ARTIFI-
 CIAL ADDITIVES, AND SATURATED, HYDROGENATED, AND TRANS FATS.
 S. 7638--A                          5
 
   §  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;  AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
 (INCLUDING CONTRACTS  FOR  SERVICE  WORK,  BUT  EXCLUDING  ANY  PURCHASE
 CONTRACT  NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
 ANT TO ARTICLE EIGHT OF THE LABOR LAW) MAY BE AWARDED: (I) TO AN  OTHER-
 WISE  QUALIFIED  BIDDER BASED IN NEW YORK STATE WHO COMPLIES WITH ONE OR
 MORE OF THE VALUES BASED PROCUREMENT STANDARDS PURSUANT TO SUBPARAGRAPHS
 (I), (II), (III), (IV), (V), (VI) AND (VII) OF  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION  AND  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; OR (II) AWARDED TO A RESPONSIVE AND RESPONSIBLE BIDDER OR OFFER-
 ER BASED IN NEW YORK STATE ON THE BASIS OF BEST  VALUE,  AS  DEFINED  IN
 SECTION  ONE  HUNDRED  SIXTY-THREE  OF THE STATE FINANCE LAW, AND IN THE
 MANNER PROVIDED BY THIS SECTION, AND WHICH COMPLIES WITH ONE OR MORE  OF
 THE  VALUES  BASED  PROCUREMENT STANDARDS PURSUANT TO SUBPARAGRAPHS (I),
 (II), (III), (IV), (V), (VI) AND (VII) OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION. PROVIDED FURTHER THAT PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVI-
 SION,  ALL  BIDDERS OR OFFERERS ON FOOD PURCHASE CONTRACTS SHALL PROVIDE
 RELEVANT SUPPLY CHAIN DATA IN THEIR BIDS OR OFFERS  TO  THE  APPROPRIATE
 OFFICER, BOARD OR AGENCY. THE APPROPRIATE OFFICER, BOARD OR AGENCY SHALL
 MAKE  SUCH DATA PUBLICLY AVAILABLE ON THE ENTITIES' RESPECTIVE WEBSITES,
 EXCEPTING DATA NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF  THE
 PUBLIC  OFFICERS LAW.   In determining whether a purchase is an expendi-
 ture 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 established by this subdivision.  A  change  to  or  a
 S. 7638--A                          6

 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 thres-
 hold 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 OR OFFERERS  furnishing  the
 required  security  submit  identical  bids  OR OFFERS as to price, such
 officer, board or agency may award the contract to any of  such  bidders
 OR  OFFERERS.  Such  officer,  board or agency may, in [his, her or its]
 THEIR discretion, reject all bids or offers and readvertise for new bids
 or offers in the manner provided by this section.
   (B) (I) ALL RELEVANT  SUPPLIER  DATA,  INCLUDING  SUPPLIER  DATA  FROM
 SUBCONTRACTORS,  SHALL BE SUBMITTED TO THE ENTITY ADVERTISING THE BID OR
 OFFER AT THE TIME OF BID, TO THE BEST OF THE BIDDER'S OR OFFERER'S ABIL-
 ITY, AND UPDATED BY THE WINNING  BIDDER  OR  OFFERER  AT  THE  POINT  OF
 CONTRACT  EXECUTION.  SUCH  DATA  SHALL  ALSO BE UPDATED ANNUALLY BY THE
 WINNING BIDDER OR OFFERER AND UPON ANY CHANGES TO  SUPPLIER  INFORMATION
 RELATED  TO  THE CONTRACT. SUCH DATA REQUIRED PURSUANT TO THIS PARAGRAPH
 SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF EACH SUPPLIER,  DISTRIBU-
 TOR,  PROCESSOR,  AND PRODUCER INVOLVED IN THE PROVISION OF THE PRODUCTS
 THAT THE BIDDER OR OFFERER WILL SUPPLY.
   (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS'  AND
 OFFERERS' FOOD PURCHASE CONTRACTS AND BID PROPOSALS.
   (C)  FOR  THE  PURPOSES OF THIS SUBDIVISION, "VALUES BASED PROCUREMENT
 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
   (I) LOCAL ECONOMIES. FOOD PRODUCTS IN WHICH FIFTY-ONE PERCENT OR  MORE
 OF  THE RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED, PROCESSED
 AND MANUFACTURED WITHIN  ONE  HUNDRED  MILES  OF  THE  LOCATION  OF  THE
 PURCHASER,  OR  IN  WHICH  THE  BIDDER  OR OFFERER OF SUCH FOOD PRODUCTS
 PARTICIPATES IN THE DEPARTMENT OF AGRICULTURE  AND  MARKETS'  GROWN  AND
 CERTIFIED  PROGRAM  PURSUANT  TO  SECTION ONE HUNDRED FIFTY-SIX-H OF THE
 AGRICULTURE AND MARKETS LAW; OR
   (II) ENVIRONMENTAL RESILIENCE. PREFERENCE SHALL BE GIVEN TO  PRODUCERS
 THAT ADOPT ONE OR MORE 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. BUILDING  ON  PROGRESS
 MADE  BY  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS' CLIMATE RESILIENT
 FARMING PROGRAM PURSUANT TO SECTION ONE HUNDRED FIFTY-ONE-N OF THE AGRI-
 CULTURE AND MARKETS LAW, PARTICIPATION IN  SUCH  PROGRAM  SHALL  QUALIFY
 BUSINESSES  FOR  THIS  PREFERENCE,  OR USAGE OF SPECIFIC PRACTICES. SUCH
 PRACTICES SHALL:
   (A) 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;
   (B)  ACHIEVE  THE REDUCTION OR ELIMINATION OF SYNTHETIC PESTICIDES AND
 FERTILIZERS;
   (C) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED  AS
 S. 7638--A                          7
 
 USE  WHERE  IT  CAN  BE  SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
   (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
   (E)  AVOID  CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND 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; OR
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
 TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY  DISADVAN-
 TAGED" SHALL MEAN INDIVIDUALS WHO HAVE BEEN SUBJECT TO DISCRIMINATION BY
 VIRTUE  OF THEIR MEMBERSHIP OF A PARTICULAR GROUP WHICH MAY INCLUDE, BUT
 IS NOT LIMITED TO, BLACK OR AFRICAN AMERICAN, AMERICAN INDIAN OR  ALASKA
 NATIVE, HISPANIC OR LATINO, AND ASIAN OR PACIFIC ISLANDER; OR
   (IV)  VALUED  WORKFORCE.    SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
 IATE WITH WORKER CENTERS AND ALTERNATIVE FORMS OF WORKER  REPRESENTATION
 AND  TO  BARGAIN COLLECTIVELY FREE FROM RETALIATION AND INTERFERENCE; AS
 EVIDENCED BY AGREEING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A  BONA
 FIDE  LABOR UNION; HAVING WORKER-LED WORKPLACE HEALTH AND SAFETY COMMIT-
 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
   (V) VALUED AGRICULTURAL SECTOR.  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  TO  SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
 THEIR MANAGEMENT AND LABOR; OR
   (VI) ANIMAL WELFARE. PRODUCERS WHO PROVIDE MORE HUMANE CARE FOR FARMED
 ANIMALS BY PROVIDING ENOUGH SPACE AND ENVIRONMENTAL ENRICHMENTS TO ALLOW
 ANIMALS TO CARRY OUT THEIR NATURAL  BEHAVIORS,  USING  PAIN  CONTROL  AS
 NEEDED  WHEN  CARRYING  OUT PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
 AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL  WELFARE  CERTIF-
 ICATION  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.  FOODS THAT PROMOTE HEALTH AND WELL BEING, COMPRISED
 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
 BLES, ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE  PLANT-
 BASED  AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS, ARTIFI-
 CIAL 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 pursuant to subdivision (a) of section
 41  of part X of chapter 62 of the laws of 2003, when upon such date the
 provisions of section two of this act shall take effect.