Bill Text: NY S01430 | 2017-2018 | General Assembly | Amended

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Bill Title: Permits school districts to favor locally sourced goods.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-02-23 - PRINT NUMBER 1430A [S01430 Detail]

Download: New_York-2017-S01430-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1430--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
                                       ___________
        Introduced  by Sens. RITCHIE, KENNEDY -- read twice and ordered printed,
          and when printed to be committed to the Committee on Local  Government
          -- recommitted to the Committee on Local Government in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the general municipal law to facilitate 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:
     1    Section  1.  Paragraphs (b), (b-1) and (c) of subdivision 9 of section
     2  103 of the general municipal law, paragraphs (b) and (c) as amended  and
     3  paragraph  (b-1) as added by chapter 90 of the laws of 2017, are amended
     4  to read as follows:
     5    (b) [the amount that may be expended  by  a  school  district  in  any
     6  fiscal year for such purchases shall not exceed an amount equal to twen-
     7  ty  cents  multiplied  by  the  total  number of days in the school year
     8  multiplied by the total enrollment of such school district;
     9    (b-1) the amount that may be expended by a board of cooperative educa-
    10  tional services in any fiscal year for such purchases shall  not  exceed
    11  an  amount  equal to twenty cents multiplied by the total number of days
    12  in the school year  multiplied  by  the  number  of  students  receiving
    13  services by such board of cooperative educational services at facilities
    14  operated by a board of cooperative educational services;
    15    (c)]  all such purchases shall be administered pursuant to regulations
    16  promulgated by the commissioner of education. Such regulations shall: be
    17  developed in consultation  with  the  commissioner  of  agriculture  and
    18  markets  to accommodate and promote the provisions of the farm-to-school
    19  program established pursuant to subdivision five-b of section sixteen of
    20  the agriculture and markets law and subdivision  thirty-one  of  section
    21  three  hundred  five of the education law as added by chapter two of the
    22  laws of two thousand [two]  one;  ensure  that  the  prices  paid  by  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06734-02-8
        S. 1430--A                          2
     1  district  or  board of cooperative educational services for any items so
     2  purchased do not exceed the prices of  comparable  local  farm  products
     3  that  are  available  to districts through their usual purchases of such
     4  items;  ensure  that  all  producers  and  growers who desire to sell to
     5  school districts or boards of cooperative educational services can read-
     6  ily access  information  in  accordance  with  the  farm-to-school  law;
     7  include  provisions for situations when more than one producer or grower
     8  seeks to sell the same product to a district  or  board  of  cooperative
     9  educational  services  to ensure that all such producers or growers have
    10  an equitable opportunity to do so in  a  manner  similar  to  the  usual
    11  purchasing  practices  of such districts or boards of cooperative educa-
    12  tional services; develop guidelines for approval of purchases  of  items
    13  from  associations  of  more than ten growers and producers; and, to the
    14  maximum extent practicable, minimize additional paperwork, recordkeeping
    15  and other similar requirements on both growers and producers and  school
    16  districts.
    17    §  2.  Section 103 of the general municipal law is amended by adding a
    18  new subdivision 17 to read as follows:
    19    17. (a) When a board of education, on behalf of  a  school  or  school
    20  district, advertises an offer for bids, it may include in its specifica-
    21  tions language favoring local or regional procurement where proximity to
    22  the  offeror is reasonably related to the performance of the services or
    23  the provision of the goods, including the  type  or  quality  of  goods,
    24  being sought.
    25    (b)  Upon a determination by the board of education advertising such a
    26  bid that the goods or services included in such an offer are not  avail-
    27  able  locally  or  regionally,  any language specifying proximity to the
    28  offeror shall be waived until  the  next  contract  for  such  goods  or
    29  services is let out for bid.
    30    (c) In the event that a board of education receives no acceptable bids
    31  it  may waive the language specifying proximity to the offeror and shall
    32  award a contract in accordance with other applicable statutes.
    33    § 3. This act shall take effect on the ninetieth day  after  it  shall
    34  have  become  a  law;  provided  however, that effective immediately the
    35  addition, amendment, and/or repeal of any rule or  regulation  necessary
    36  for  the implementation of this act on its effective date are authorized
    37  and directed to be made by the commissioner of the department  of  agri-
    38  culture and markets in consultation with the commissioner of the depart-
    39  ment of education on or before such effective date.