Bill Text: NY S03125 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes procurement goals that certain percentages of all food and food products purchased by state agencies shall be New York state food products.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2024-03-05 - referred to governmental operations [S03125 Detail]
Download: New_York-2023-S03125-Introduced.html
Bill Title: Establishes procurement goals that certain percentages of all food and food products purchased by state agencies shall be New York state food products.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2024-03-05 - referred to governmental operations [S03125 Detail]
Download: New_York-2023-S03125-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3125 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. The state finance law is amended by adding a new section 2 163-c to read as follows: 3 § 163-c. Procurement goals for New York state food products. 1. Defi- 4 nition. For the purposes of this section, the term "New York state food 5 product" shall mean a food item that is: 6 (a) grown, harvested, or produced in this state; or 7 (b) processed inside or outside this state comprising over fifty-one 8 percent agricultural raw materials grown, harvested, or produced in this 9 state, by weight or volume. 10 2. (a) In order to create, strengthen, and expand local farm and food 11 economies throughout New York, all state agencies annually spending an 12 amount exceeding fifty thousand dollars on food or food products shall 13 set percentage goals for New York state food products purchased yearly 14 and if a state agency spends an amount greater than or equal to two 15 million dollars annually on food or food products then: in the first 16 and second year after the effective date of this section, at least 17 fifteen percent of all food and food products purchased by such state 18 agency shall be New York state food products; in the third year after 19 the effective date of this section, at least twenty percent of all food 20 and food products purchased by such state agency shall be New York state 21 food products; and in the fourth year after the effective date of this 22 section and thereafter, at least twenty-five percent of all food and 23 food products purchased by such state agency shall be New York state 24 food products. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08184-01-3S. 3125 2 1 (b) To meet the goal set forth in this subdivision, when a state agen- 2 cy's contract for the purchase of food or food products is to be awarded 3 to the lowest responsible bidder, an otherwise qualified bidder who will 4 fulfill the contract through the use of New York state food products may 5 be given preference over other bidders, provided that the cost included 6 in the bid of New York state food products is not more than ten percent 7 greater than the cost included in a bid that is not for New York state 8 food products. 9 3. The provisions of this section shall not apply if the head of the 10 contracting state agency purchasing food or food products, in his or her 11 sole discretion, determines that: (a) purchasing New York state food or 12 food products pursuant to the provisions in subdivision one of this 13 section would be against the public interest; (b) purchasing New York 14 state food or food products would increase the cost of the contract by 15 an unreasonable amount; (c) New York state food products cannot be 16 obtained in sufficient and reasonable available quantities and of satis- 17 factory quality to meet the contracting state agency's requirements; or 18 (d) purchasing food or food products grown, harvested, or produced 19 outside of this state, or food processed in facilities inside or outside 20 of this state comprising less than fifty-one percent agricultural raw 21 materials grown, harvested, or produced in this state, by weight or 22 volume, is necessary to avoid a delay in the delivery of food or food 23 products. 24 4. Nothing in this section shall be construed to conflict with or 25 otherwise limit the goals and requirements set forth by section one 26 hundred sixty-two of the this article and articles fifteen-A and seven- 27 teen-B of the executive law. Any contracts meeting the goals and 28 requirements set forth by this section, in addition to requirements set 29 forth by section one hundred sixty-two of this article and/or articles 30 fifteen-A and seventeen-B of the executive law, shall be counted toward 31 all applicable goals and requirements it may satisfy. 32 5. The commissioner, in conjunction with the commissioner of agricul- 33 ture and markets shall periodically, but no later than every three 34 years, review the New York state food and food product goals and 35 requirements set forth by subdivision two of this section, and shall 36 issue a joint recommendation suggesting any changes in such goals and 37 requirements deemed necessary. Such recommendation shall be submitted to 38 the governor, the temporary president of the senate, and the speaker of 39 the assembly. 40 § 2. Paragraph g of subdivision 4 of section 165 of the state finance 41 law, as amended by chapter 533 of the laws of 2013, is amended to read 42 as follows: 43 g. No later than December first of each year the commissioner shall 44 annually report to the governor and legislature on the implementation of 45 this subdivision. Such report shall include, at minimum: 46 (i) a description of the office's efforts to improve and increase the 47 tracking of information relating to New York state food procured by 48 agencies; [and] 49 (ii) the information collected pursuant to paragraph f of this subdi- 50 vision, compiled to provide the following, disaggregated by food product 51 and processed food: 52 (a) the total dollar value of New York state food products procured by 53 agencies; 54 (b) the total dollar value of food products from outside of New York 55 state procured by agencies during their listed New York state availabil- 56 ity periods; andS. 3125 3 1 (c) the total dollar value of all other food products from outside of 2 New York state and processed food from facilities outside of New York 3 state; and 4 (iii) an annual summary detailing each state agency contract made 5 which satisfies the New York state food product procurement goals and 6 requirements as set forth by section one hundred sixty-three-c of this 7 article, disaggregated by contracting agency, to include the following 8 information: 9 (a) the total dollar value of all food or food products purchased in 10 each contract; 11 (b) the total dollar value of New York state food or food products 12 purchased in each contract; 13 (c) the total dollar value of food or food products from outside of 14 New York state and food processed from facilities inside or outside of 15 New York state comprising less than fifty-one percent of agricultural 16 raw materials grown, harvested, or produced in this state, by weight or 17 volume purchased in each contract; 18 (d) the agency's annual aggregate percentage of food or food products 19 purchased; and 20 (e) an enumeration of all contracts entered into in which the head of 21 the contracting state agency applied one of the exceptions pursuant to 22 subdivision three of section one hundred and sixty-three-a of this arti- 23 cle in the awarding of a bid; and the total dollar amount of food or 24 food products from outside of New York state and food processed from 25 facilities inside or outside of New York state comprising less than 26 fifty-one percent of agricultural raw materials grown, harvested, or 27 produced in this state, purchased in such contracts. 28 § 3. This act shall take effect one year after it shall have become a 29 law; provided, however, that section two of this act shall take effect 30 two years after it shall have become a law.
