STATE OF NEW YORK
________________________________________________________________________
7572--A
2013-2014 Regular Sessions
IN ASSEMBLY
May 23, 2013
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Agriculture -- recommitted to the Committee on Agriculture in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the agriculture and markets law, the economic develop-
ment law and the state finance law, in relation to local product
procurement; and in relation to a procurement training program for
agricultural business
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 16 of the agriculture and markets law is amended by
2 adding a new subdivision 2-d to read as follows:
3 2-d. Coordinate with the office of general services and the department
4 of economic development to provide a training program once per year, in
5 each economic development region, established in article eleven of the
6 economic development law, to encourage and increase participation in the
7 procurement process, pursuant to article eleven of the state finance
8 law, by small businesses, as defined in section one hundred thirty-one
9 of the economic development law, including farms, selling food or food
10 products grown, produced, harvested, or processed in New York state and
11 assist such businesses in identifying such food or food products, which
12 may help to meet state agencies' needs. The departments and office may
13 also invite to the regional training programs representatives of local
14 governments, including school districts, that may be interested in
15 purchasing New York state food products.
16 § 2. Section 100 of the economic development law is amended by adding
17 a new subdivision 18-i to read as follows:
18 18-i. To aid the department of agriculture and markets and office of
19 general services in providing a training program once per year, in each
20 economic development region, established in article eleven of this chap-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11055-07-4
A. 7572--A 2
1 ter, to encourage and increase participation in the procurement process,
2 pursuant to article eleven of the state finance law, by small busi-
3 nesses, as defined in section one hundred thirty-one of this chapter,
4 including farms, selling food or food products grown, produced,
5 harvested, or processed in New York state and assist such businesses in
6 identifying such food or food products, which may help to meet state
7 agencies' needs.
8 § 3. Subparagraphs (vii), (viii), (ix), (x) and (xi) of paragraph b of
9 subdivision 3 of section 163 of the state finance law, subparagraph
10 (vii) as added by chapter 584 of the laws of 2005, and subparagraphs
11 (viii), (ix), (x) and (xi) as added by chapter 137 of the laws of 2008,
12 are amended to read as follows:
13 (vii) assist the department of agriculture and markets and the depart-
14 ment of economic development in providing a training program once per
15 year, in each economic development region, established in article eleven
16 of the economic development law, to encourage and increase participation
17 in the procurement process, pursuant to this article, by small busi-
18 nesses, as defined in section one hundred thirty-one of the economic
19 development law, including farms, selling food or food products grown,
20 produced, harvested, or processed in New York state and assist such
21 businesses in identifying such food or food products which may help to
22 meet state agencies' needs.
23 (viii) maintain a list of contractors which produce or manufacture or
24 offer for sale environmentally-sensitive cleaning and maintenance
25 products in the form, function and utility generally used by elementary
26 and secondary schools in accordance with specifications or guidelines
27 promulgated pursuant to section four hundred nine-i of the education
28 law.
29 [(viii)] (ix) review and consider prior to issuance of bid solicita-
30 tions the term of the proposed contract based on factors, including, but
31 not limited to; (A) the nature of the commodity, (B) the complexity of
32 the procurement, (C) the identity and type of purchasers, (D) the suit-
33 ability of the contract for adding additional contractors during the
34 term, and (E) the estimated contract value. This determination shall be
35 documented in the procurement record.
36 [(ix)] (x) reasonably consider aggregate amount of public sales by
37 potential vendors.
38 [(x)] (xi) review and consider the feasibility of creating regional
39 contracts for commodities being procured by the state.
40 [(xi)] (xii) maintain a procurement record for each centralized
41 contract procurement identifying, with supporting documentation, deci-
42 sions made by the commissioner during the procurement process. The
43 procurement record shall include, but not be limited to, each contract
44 amendment, and the justification for each.
45 § 4. This act shall take effect immediately; provided however that the
46 amendments made to subparagraphs (vii), (viii), (ix), (x) and (xi) of
47 paragraph b of subdivision 3 of section 163 of the state finance law by
48 section three of this act shall not affect the repeal of such section
49 and shall be deemed repealed therewith.
