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
________________________________________________________________________
6808--A
2021-2022 Regular Sessions
IN SENATE
May 18, 2021
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
-- recommitted to the Committee on Procurement and Contracts in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11264-04-2
S. 6808--A 2
1 food products; and in the fourth year after the effective date of this
2 section and thereafter, at least twenty-five percent of all food and
3 food products purchased by such state agency shall be New York state
4 food products.
5 (b) To meet the goal set forth in this subdivision, when a state agen-
6 cy's contract for the purchase of food or food products is to be awarded
7 to the lowest responsible bidder, an otherwise qualified bidder who will
8 fulfill the contract through the use of New York state food products may
9 be given preference over other bidders, provided that the cost included
10 in the bid of New York state food products is not more than ten percent
11 greater than the cost included in a bid that is not for New York state
12 food products.
13 3. The provisions of this section shall not apply if the head of the
14 contracting state agency purchasing food or food products, in his or her
15 sole discretion, determines that: (a) purchasing New York state food or
16 food products pursuant to the provisions in subdivision one of this
17 section would be against the public interest; (b) purchasing New York
18 state food or food products would increase the cost of the contract by
19 an unreasonable amount; (c) New York state food products cannot be
20 obtained in sufficient and reasonable available quantities and of satis-
21 factory quality to meet the contracting state agency's requirements; or
22 (d) purchasing food or food products grown, harvested, or produced
23 outside of this state, or food processed in facilities inside or outside
24 of this state comprising less than fifty-one percent agricultural raw
25 materials grown, harvested, or produced in this state, by weight or
26 volume, is necessary to avoid a delay in the delivery of food or food
27 products.
28 4. Nothing in this section shall be construed to conflict with or
29 otherwise limit the goals and requirements set forth by section one
30 hundred sixty-two of the state finance law and articles fifteen-A and
31 seventeen-B of the executive law. Any contracts meeting the goals and
32 requirements set forth by this section, in addition to requirements set
33 forth by section one hundred sixty-two of the state finance law and/or
34 articles fifteen-A and seventeen-B of the executive law, shall be count-
35 ed toward all applicable goals and requirements it may satisfy.
36 5. The commissioner, in conjunction with the commissioner of agricul-
37 ture and markets shall periodically, but no later than every three
38 years, review the New York state food and food product goals and
39 requirements set forth by subdivision two of this section, and shall
40 issue a joint recommendation suggesting any changes in such goals and
41 requirements deemed necessary. Such recommendation shall be submitted to
42 the governor, the temporary president of the senate, and the speaker of
43 the assembly.
44 § 2. Paragraph g of subdivision 4 of section 165 of the state finance
45 law, as amended by chapter 533 of the laws of 2013, is amended to read
46 as follows:
47 g. No later than December first of each year the commissioner shall
48 annually report to the governor and legislature on the implementation of
49 this subdivision. Such report shall include, at minimum:
50 (i) a description of the office's efforts to improve and increase the
51 tracking of information relating to New York state food procured by
52 agencies; [and]
53 (ii) the information collected pursuant to paragraph f of this subdi-
54 vision, compiled to provide the following, disaggregated by food product
55 and processed food:
S. 6808--A 3
1 (a) the total dollar value of New York state food products procured by
2 agencies;
3 (b) the total dollar value of food products from outside of New York
4 state procured by agencies during their listed New York state availabil-
5 ity periods; and
6 (c) the total dollar value of all other food products from outside of
7 New York state and processed food from facilities outside of New York
8 state; and
9 (iii) an annual summary detailing each state agency contract made
10 which satisfies the New York state food product procurement goals and
11 requirements as set forth by section one hundred sixty-three-c of this
12 article, disaggregated by contracting agency, to include the following
13 information:
14 (a) the total dollar value of all food or food products purchased in
15 each contract;
16 (b) the total dollar value of New York state food or food products
17 purchased in each contract;
18 (c) the total dollar value of food or food products from outside of
19 New York state and food processed from facilities inside or outside of
20 New York state comprising less than fifty-one percent of agricultural
21 raw materials grown, harvested, or produced in this state, by weight or
22 volume purchased in each contract;
23 (d) the agency's annual aggregate percentage of food or food products
24 purchased; and
25 (e) an enumeration of all contracts entered into in which the head of
26 the contracting state agency applied one of the exceptions pursuant to
27 subdivision three of section one hundred and sixty-three-a of this arti-
28 cle in the awarding of a bid; and the total dollar amount of food or
29 food products from outside of New York state and food processed from
30 facilities inside or outside of New York state comprising less than
31 fifty-one percent of agricultural raw materials grown, harvested, or
32 produced in this state, purchased in such contracts.
33 § 3. This act shall take effect one year after it shall have become a
34 law; provided, however, that section two of this act shall take effect
35 two years after it shall have become a law.
