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A05102 Summary:

BILL NO    A05102 

SAME AS    SAME AS S04061

SPONSOR    Peoples-Stokes

COSPNSR    Barrett, Russell, Jaffee, Buchwald, Lupardo, Brennan, Englebright,
           Rosenthal, Stevenson, Markey, Stirpe, Thiele, Clark, Abinanti, Lopez
           P, Kavanagh

MLTSPNSR   Colton, Galef, McDonald, Millman, Montesano, Schimel, Sweeney

Amd S165, St Fin L

Relates to solicitation of available New York food products.
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A05102 Actions:

BILL NO    A05102 

02/20/2013 referred to governmental operations
06/13/2013 reported referred to ways and means
06/18/2013 reported referred to rules
06/19/2013 reported 
06/19/2013 rules report cal.509
06/19/2013 ordered to third reading rules cal.509
06/20/2013 substituted by s4061
           S04061  AMEND=  RITCHIE
           03/06/2013 REFERRED TO FINANCE
           06/11/2013 REPORTED AND COMMITTED TO RULES
           06/11/2013 ORDERED TO THIRD READING CAL.1269
           06/12/2013 PASSED SENATE
           06/12/2013 DELIVERED TO ASSEMBLY
           06/12/2013 referred to governmental operations
           06/20/2013 substituted for a5102
           06/20/2013 ordered to third reading rules cal.509
           06/20/2013 passed assembly
           06/20/2013 returned to senate
           12/06/2013 DELIVERED TO GOVERNOR
           12/18/2013 SIGNED CHAP.533
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A05102 Votes:

There are no votes for this bill in this legislative session.
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A05102 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5102
 
SPONSOR: Peoples-Stokes
  TITLE OF BILL: An act to amend the state finance law, in relation to solicitation of available New York food products   PURPOSE OF BILL: To establish guidelines that will assist state agen- cies with the procurement of New York food products.   SUMMARY OF SPECIFIC PROVISIONS: Subdivision four of section 165 of the State Finance Law would be amended as follows: Paragraph (a) would add a new subparagraph (i) to require that all solicitations for purchases of food by state agencies include the list of New York food products devel- oped by the Commissioner of Agriculture and Markets pursuant to para- graph (b) and a notice that such New York State food products are avail- able in sufficient quantities for competitive purchasing. Paragraph (d) would be amended to authorize the Commissioners of General Services and Agriculture and Markets to develop regulations to: estab- lish guidelines to increase purchases of New York food products; publish the guidelines on the Office of General Services (OGS) website; and, provide for monitoring and implementation of subdivision four. Paragraph (f) would be amended to require that successful bidders review the list of New York. Sate food products and report to the procuring agency their total food products and processed food products procured under such contracts, by specific type with the dollar value, identify- ing New York State food products, and, those products procured from outside of New York State that were listed as available from New York by the Commissioner of Agriculture and Markets. Paragraph (g) is amended to require that the Commissioner of General Services report to the governor and legislature on the implementation of subdivision four by December first of each year. The report must include the aggregate of the information reported to agencies in paragraph (f).   JUSTIFICATION: Current law authorizes OGS to require that all or some of the food purchased by the State is gown, produced, harvested or proc- essed in New York State and requires the Commissioner of Agriculture and Markets to provide a listing of available, competitively-priced food products grown, produced or harvested in New York. Although this law has been in effect for more than two decades it is unclear as to how effec- tively it is used by State agencies to purchase local foods. There is little to no -reporting, or evidence, that agencies or successful bidders are making an effort to buy locally gown, even when they are available at a competitive price. The citizens of New York actively support local agriculture by using their purchasing power at farmers' markets, restaurants, other food retailers and increasingly at institutions such as schools and universi- ties. The State Legislature has also clearly expressed its intention that the power of State purchasing be used to support the State's farm- ers and food producers and small food businesses, This bill would make clear to procurement officials, vendors seeking to sell food to the State, farmers and business owners that New York intends to make this law work. Tracking State agencies' purchases would be beneficial to help the State and food vendors to identify how food dollars are being spent now, opportunities for additional purchases of local foods by the State, and opportunities for producers to begin, or expand, production of foods that are being procured elsewhere.   LEGISLATIVE HISTORY: A10206 of 2012   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effecting ninety days.
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A05102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5102
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 20, 2013
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Governmental Operations
 
        AN ACT to amend the state finance law, in relation  to  solicitation  of
          available New York food products
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 

     1    Section 1. Paragraphs a, d, f and g of subdivision 4 of section 165 of
     2  the state finance law, as amended by chapter 137 of the  laws  of  2008,
     3  are amended to read as follows:
     4    a.  Except  as  otherwise  provided  in this subdivision, when letting
     5  contracts for the purchase of food products on behalf of facilities  and
     6  institutions  of the state, solicitation specifications of the office of
     7  general services and any other  agency,  department,  office,  board  or
     8  commission  may  require provisions that mandate that all or some of the
     9  required food products are grown, produced  or  harvested  in  New  York
    10  state, or that any processing of such food products take place in facil-
    11  ities located within New York state.
    12    (i)  All  such  solicitations  for the purchase of food products shall

    13  include the list of food products developed by the commissioner of agri-
    14  culture and markets pursuant to paragraph b of this subdivision; and
    15    (ii) notice that such food products are available in sufficient  quan-
    16  tities  for  competitive  purchasing  and that the list was developed to
    17  assist the  state  in  increasing  purchases  of  New  York  state  food
    18  products.
    19    d.  The commissioner, and the commissioner of agriculture and markets,
    20  [may] shall issue [such] regulations [as they deem necessary and proper]
    21  for the implementation of this subdivision, including  but  not  limited
    22  to:
    23    (i)  establishing  guidelines  that will assist agencies in increasing

    24  their use and purchase of New York state food products;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09009-01-3

        A. 5102                             2
 
     1    (ii) publishing such purchasing guidelines on the  office  of  general
     2  services website, disseminating such guidelines to agencies and training
     3  contracting personnel on implementing such guidelines; and
     4    (iii) providing for monitoring of implementation.
     5    f.  (i)  With  each  offer,  the  offerer  shall certify that the food
     6  products provided pursuant to that solicitation will  be  in  conformity

     7  with  the  provisions  of  the percentage required to meet or exceed the
     8  requirements in the solicitation specifying that all or some of the food
     9  products be grown, produced, or harvested within New York state or  that
    10  any  processing  of  such food products take place in facilities located
    11  within New York state.
    12    (ii) Any successful offerer who fails to comply with the provisions of
    13  this subdivision, at the discretion of such  agency,  board,  office  or
    14  commission,  shall  forfeit  the right to bid on contracts let under the
    15  provisions of this subdivision for a period of time to be determined  by
    16  the commissioner and the commissioner of agriculture and markets.
    17    (iii) Every successful offerer shall:
    18    (1) review the list of New York state food products developed pursuant

    19  to  paragraph  b  of  this  subdivision  to  determine  whether any such
    20  products are being provided under their contracts;
    21    (2) report to the procuring agency all of the food products and  proc-
    22  essed  food procured under such contracts, categorized by specific type,
    23  together with the dollar value of each such  type  procured  under  such
    24  contract, to the extent practicable and known to such vendor; and
    25    (3)  for  each such type of food product or processed food included on
    26  the list of New York state food products, report to the procuring  agen-
    27  cy, to the extent practicable and known to such vendor:
    28    (a) any such New York state food product procured under such contract,
    29  together  with  the  dollar  value of each such type procured under such

    30  contract;
    31    (b) any such food product from outside  of  New  York  state  procured
    32  under  such contract during its listed New York state availability peri-
    33  od, together with the dollar value of each such type procured under such
    34  contract; and
    35    (c) any other such food product from outside  of  New  York  state  or
    36  processed  food from facilities outside of New York state procured under
    37  such contract from outside New York  state,  together  with  the  dollar
    38  value of each such type procured under such contract.
    39    g.    No later than December first of each year the commissioner shall
    40  annually report to the governor and legislature on the implementation of
    41  this subdivision. Such report shall include, at minimum:

    42    (i) a description of the office's efforts to improve and increase  the
    43  tracking  of  information  relating  to  New York state food procured by
    44  agencies; and
    45    (ii) the information collected pursuant to paragraph f of this  subdi-
    46  vision, compiled to provide the following, disaggregated by food product
    47  and processed food:
    48    (a) the total dollar value of New York state food products procured by
    49  agencies;
    50    (b)  the  total dollar value of food products from outside of New York
    51  state procured by agencies during their listed New York state availabil-
    52  ity periods; and
    53    (c) the total dollar value of all other food products from outside  of

    54  New  York  state  and processed food from facilities outside of New York
    55  state.

        A. 5102                             3
 
     1    h. The commissioner and the commissioner of agriculture  and  markets,
     2  shall  advise  and  assist the chancellor of the state university of New
     3  York in extending the benefits of the provisions of this subdivision  to
     4  the university and shall modify any regulations or procedures heretofore
     5  established  pursuant  to  this subdivision, in order to facilitate such
     6  participation.
     7    § 2. This act shall take effect on the ninetieth day  after  it  shall
     8  have  become  a  law; provided, however, that effective immediately, the
     9  addition, amendment and/or repeal of any rule  or  regulation  necessary
    10  for  the  implementation of this act on its effective date is authorized

    11  and directed to be made and completed on or before such effective date.
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