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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:

BILL NUMBER:A5102

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
agencies 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
developed by the Commissioner of Agriculture and Markets  pursuant  to
paragraph  (b) and a notice that such New York State food products are
available 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: establish 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,
identifying 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
processed  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 effectively 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
universities.  The  State  Legislature  has also clearly expressed its
intention that the power of State purchasing be used  to  support  the
State's  farmers  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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5102

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   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    S 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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