Establishes a procurement goal that at least fifteen percent of all food and food products purchased by state agencies shall be New York state food products in the first and second year after such law takes effect, at least twenty percent in the third year and twenty-five percent thereafter.
STATE OF NEW YORK
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8665--A
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. LUPARDO -- read once and referred to the Commit-
tee on Governmental Operations -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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.
25 (b) To meet the goal set forth in this subdivision, when a state agen-
26 cy's contract for the purchase of food or food products is to be awarded
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11264-05-2
A. 8665--A 2
1 to the lowest responsible bidder, an otherwise qualified bidder who will
2 fulfill the contract through the use of New York state food products may
3 be given preference over other bidders, provided that the cost included
4 in the bid of New York state food products is not more than ten percent
5 greater than the cost included in a bid that is not for New York state
6 food products.
7 3. The provisions of this section shall not apply if the head of the
8 contracting state agency purchasing food or food products, in his or her
9 sole discretion, determines that: (a) purchasing New York state food or
10 food products pursuant to the provisions in subdivision one of this
11 section would be against the public interest; (b) purchasing New York
12 state food or food products would increase the cost of the contract by
13 an unreasonable amount; (c) New York state food products cannot be
14 obtained in sufficient and reasonable available quantities and of satis-
15 factory quality to meet the contracting state agency's requirements; or
16 (d) purchasing food or food products grown, harvested, or produced
17 outside of this state, or food processed in facilities inside or outside
18 of this state comprising less than fifty-one percent agricultural raw
19 materials grown, harvested, or produced in this state, by weight or
20 volume, is necessary to avoid a delay in the delivery of food or food
21 products.
22 4. Nothing in this section shall be construed to conflict with or
23 otherwise limit the goals and requirements set forth by section one
24 hundred sixty-two of the state finance law and articles fifteen-A and
25 seventeen-B of the executive law. Any contracts meeting the goals and
26 requirements set forth by this section, in addition to requirements set
27 forth by section one hundred sixty-two of the state finance law and/or
28 articles fifteen-A and seventeen-B of the executive law, shall be count-
29 ed toward all applicable goals and requirements it may satisfy.
30 5. The commissioner, in conjunction with the commissioner of agricul-
31 ture and markets shall periodically, but no later than every three
32 years, review the New York state food and food product goals and
33 requirements set forth by subdivision two of this section, and shall
34 issue a joint recommendation suggesting any changes in such goals and
35 requirements deemed necessary. Such recommendation shall be submitted to
36 the governor, the temporary president of the senate, and the speaker of
37 the assembly.
38 § 2. Paragraph g of subdivision 4 of section 165 of the state finance
39 law, as amended by chapter 533 of the laws of 2013, is amended to read
40 as follows:
41 g. No later than December first of each year the commissioner shall
42 annually report to the governor and legislature on the implementation of
43 this subdivision. Such report shall include, at minimum:
44 (i) a description of the office's efforts to improve and increase the
45 tracking of information relating to New York state food procured by
46 agencies; [and]
47 (ii) the information collected pursuant to paragraph f of this subdi-
48 vision, compiled to provide the following, disaggregated by food product
49 and processed food:
50 (a) the total dollar value of New York state food products procured by
51 agencies;
52 (b) the total dollar value of food products from outside of New York
53 state procured by agencies during their listed New York state availabil-
54 ity periods; and
A. 8665--A 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.
