BAILEY, BROUK, COONEY, FAHY, HARCKHAM, HOYLMAN-SIGAL, KRUEGER, MARTINS, MAY, MYRIE, PALUMBO,
PARKER, ROLISON, RYAN S, WEBB
MLTSPNSR
Amd §103, Gen Muni L
Provides that certain purchase contracts to purchase food can be awarded to a qualified bidder who fulfills certain values based procurement standards when such bid is not more than 10% higher than the lowest responsible bidder and when the bidder makes publicly available data on where such bidder sources their food items; sets forth the criteria for values based procurement standards to include local economies, environmental resilience, racial equity, valued workforce, valued agricultural sector, animal welfare, and nutrition.
STATE OF NEW YORK
________________________________________________________________________
7638--B
2025-2026 Regular Sessions
IN SENATE
April 24, 2025
___________
Introduced by Sens. HINCHEY, BAILEY, BROUK, COONEY, FAHY, HARCKHAM,
KRUEGER, MARTINS, MAY, MYRIE, PALUMBO, PARKER, ROLISON, WEBB -- read
twice and ordered printed, and when printed to be committed to the
Committee on Procurement and Contracts -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- 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 general municipal law, in relation to the awarding
of certain purchase contracts to purchase food
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 103 of the general municipal law,
2 as amended by chapter 668 of the laws of 2023, is amended to read as
3 follows:
4 1. (a) Except as otherwise expressly provided by an act of the legis-
5 lature or by a local law adopted prior to September first, nineteen
6 hundred fifty-three, all contracts for public work involving an expendi-
7 ture of more than thirty-five thousand dollars and all purchase
8 contracts involving an expenditure of more than twenty thousand dollars,
9 shall be awarded by the appropriate officer, board or agency of a poli-
10 tical subdivision or of any district therein including but not limited
11 to a soil conservation district to the lowest responsible bidder
12 furnishing the required security after advertisement for sealed bids in
13 the manner provided by this section[,]; provided, however, that purchase
14 contracts (including contracts for service work, but excluding any
15 purchase contracts necessary for the completion of a public works
16 contract pursuant to article eight of the labor law) may be awarded on
17 the basis of best value, as defined in section one hundred sixty-three
18 of the state finance law, to a responsive and responsible bidder or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11802-04-5
S. 7638--B 2
1 offerer in the manner provided by this section except that in a poli-
2 tical subdivision other than a city with a population of one million
3 inhabitants or more or any district, board or agency with jurisdiction
4 exclusively therein the use of best value for awarding a purchase
5 contract or purchase contracts must be authorized by local law or, in
6 the case of a district corporation, school district or board of cooper-
7 ative educational services, by rule, regulation or resolution adopted at
8 a public meeting; and provided, further, that food purchase contracts
9 (including contracts for food service work, but excluding any purchase
10 contract necessary for the completion of a public works contract pursu-
11 ant to article eight of the labor law) may be awarded: (i) to an other-
12 wise qualified bidder based in New York state who complies with one or
13 more of the values based procurement standards pursuant to subparagraphs
14 (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (c) of this
15 subdivision and may be given preference over other bidders, provided,
16 however, that the cost included in the bid is not more than ten percent
17 greater than the cost included in a bid by the lowest responsible
18 bidder; or (ii) awarded to a responsive and responsible bidder or offer-
19 er based in New York state on the basis of best value, as defined in
20 section one hundred sixty-three of the state finance law, in the manner
21 provided by this section, and which complies with one or more of the
22 values based procurement standards pursuant to subparagraphs (i), (ii),
23 (iii), (iv), (v), (vi) and (vii) of paragraph (c) of this subdivision.
24 Provided further that pursuant to paragraph (b) of this subdivision, all
25 bidders or offerers on food purchase contracts shall provide relevant
26 supply chain data in their bids or offers to the appropriate officer,
27 board or agency. The appropriate officer, board or agency shall make
28 such data publicly available on the entities' respective websites,
29 excepting data not subject to disclosure pursuant to article six of the
30 public officers law. In any case where a responsible bidder's or
31 responsible offerer's gross price is reducible by an allowance for the
32 value of used machinery, equipment, apparatus or tools to be traded in
33 by a political subdivision, the gross price shall be reduced by the
34 amount of such allowance, for the purpose of determining the best value.
35 In cases where two or more responsible bidders or offerers furnishing
36 the required security submit identical bids or offers as to price, such
37 officer, board or agency may award the contract to any of such bidders
38 or offerers. Such officer, board or agency may, in [his or her or its]
39 their discretion, reject all bids or offers and readvertise for new bids
40 or offers in the manner provided by this section. In determining whether
41 a purchase is an expenditure within the discretionary threshold amounts
42 established by this subdivision, the officer, board or agency of a poli-
43 tical subdivision or of any district therein shall consider the reason-
44 ably expected aggregate amount of all purchases of the same commodities,
45 services or technology to be made within the twelve-month period
46 commencing on the date of purchase. Purchases of commodities, services
47 or technology shall not be artificially divided for the purpose of
48 satisfying the discretionary buying thresholds established by this
49 subdivision. A change to or a renewal of a discretionary purchase shall
50 not be permitted if the change or renewal would bring the reasonably
51 expected aggregate amount of all purchases of the same commodities,
52 services or technology from the same provider within the twelve-month
53 period commencing on the date of the first purchase to an amount greater
54 than the discretionary buying threshold amount. For purposes of this
55 section, "sealed bids" and "sealed offers", as that term applies to
56 purchase contracts, (including contracts for service work, but excluding
S. 7638--B 3
1 any purchase contracts necessary for the completion of a public works
2 contract pursuant to article eight of the labor law) shall include bids
3 and offers submitted in an electronic format including submission of the
4 statement of non-collusion required by section one hundred three-d of
5 this article, provided that the governing board of the political subdi-
6 vision or district, by resolution, has authorized the receipt of bids
7 and offers in such format. Submission in electronic format may, for
8 technology contracts only, be required as the sole method for the
9 submission of bids and offers. Provided however, the appropriate offi-
10 cer, board or agency of a city with a population of one million inhabit-
11 ants or more, or any district, board or agency with jurisdiction exclu-
12 sively within such city, may authorize or require bids and offers for
13 any contract to be submitted in an electronic format. Bids and offers
14 submitted in an electronic format shall be transmitted by bidders and
15 offerers to the receiving device designated by the political subdivision
16 or district. Any method used to receive electronic bids and offers
17 shall comply with article three of the state technology law, and any
18 rules and regulations promulgated and guidelines developed thereunder
19 and, at a minimum, must [(a)] (i) document the time and date of receipt
20 of each bid and offer received electronically; [(b)] (ii) authenticate
21 the identity of the sender; [(c)] (iii) ensure the security of the
22 information transmitted; and [(d)] (iv) ensure the confidentiality of
23 the bid or offer until the time and date established for the opening of
24 bids or offers. The timely submission of an electronic bid or offer in
25 compliance with instructions provided for such submission in the adver-
26 tisement for bids or offers and/or the specifications shall be the
27 responsibility solely of each bidder or offerer or prospective bidder or
28 offerer. No political subdivision or district therein shall incur any
29 liability from delays of or interruptions in the receiving device desig-
30 nated for the submission and receipt of electronic bids and offers.
31 (b) (i) All relevant supplier data, including supplier data from
32 subcontractors, shall be submitted to the entity advertising the bid or
33 offer at the time of bid or offer, to the best of the bidder's or
34 offerer's ability, and updated by the winning bidder or offerer at the
35 point of contract execution. Such data shall also be updated annually by
36 the winning bidder or offerer and upon any changes to supplier informa-
37 tion related to the contract. Such data required pursuant to this para-
38 graph shall include the name and facility address of each supplier,
39 distributor, processor, and producer involved in the provision of the
40 products that the bidder or offerer will supply.
41 (ii) The provisions of this paragraph shall apply to all bidders' or
42 offerers' food purchase contracts and bid proposals.
43 (c) For the purposes of this subdivision, "values based procurement
44 standards" shall mean procurement criteria that is based on:
45 (i) local economies. Food products in which fifty-one percent or more
46 of the raw agricultural materials have been grown, harvested, processed
47 and manufactured within one hundred miles of the location of the
48 purchaser, or in which the bidder or offerer of such food products
49 participates in the department of agriculture and markets' grown and
50 certified program pursuant to section one hundred fifty-six-h of the
51 agriculture and markets law; or
52 (ii) environmental resilience. Preference shall be given to the
53 producers that adopt one or more practices that contribute to improved
54 soil health and increased carbon sequestration and storage, and that
55 achieve net short-term and long-term greenhouse gas benefits. Building
56 on progress made by the department of agriculture and markets' climate
S. 7638--B 4
1 resilient farming program pursuant to section one hundred fifty-one-n of
2 the agriculture and markets law, participation in such program shall
3 qualify businesses for this preference, or usage of specific practices.
4 Such practices shall:
5 (A) preserve and rebuild soil quality through use of soil health prac-
6 tices, including but not limited to planting cover crops, adopting
7 no-till and reduced tillage, increasing crop rotations and intercrop-
8 ping, and planting perennial crops, to improve the function and resili-
9 ence of soils;
10 (B) achieve the reduction or elimination of synthetic pesticides and
11 fertilizers;
12 (C) avoid the use of hormones or antibiotics except for treatment of a
13 sick animal or for disease control, where disease control is defined as
14 use where it can be shown that a particular disease or infection is
15 present on the premises where the animal is kept;
16 (D) protect and enhance wildlife habitats and biodiversity;
17 (E) avoid contributing to water quality impairment and deterioration
18 of local air quality;
19 (F) reduce greenhouse gas emissions attributable to livestock through
20 use of feed management, prescribed grazing, amendments for treatment of
21 agricultural waste, and manure management; or
22 (G) reduce on-farm energy and water consumption, food waste and green-
23 house gas emissions; or
24 (iii) racial equity. Minority and women-owned business enterprises, as
25 defined by article fifteen-A of the executive law, or socially disadvan-
26 taged farms. For the purposes of this subparagraph, "socially disadvan-
27 taged" shall mean individuals who have been subject to discrimination by
28 virtue of their membership of a particular group which may include, but
29 is not limited to, Black or African American, American Indian or Alaska
30 Native, Hispanic or Latino, and Asian or Pacific Islander; or
31 (iv) valued workforce. Suppliers who respect and protect workers'
32 rights, regardless of immigration status, to organize a union, to affil-
33 iate with worker centers and alternative forms of worker representation
34 and to bargain collectively free from retaliation and interference; as
35 evidenced by agreeing to enter into a labor peace agreement with a bona
36 fide labor union; having worker-led workplace health and safety commit-
37 tees; or being a worker-owned cooperative; or
38 (v) valued agricultural sector. Suppliers who pay farmers a fair
39 price, using United States department of agriculture pricing standards,
40 for the products they supply that covers their actual cost of
41 production; and to suppliers who pay fair remuneration to farmers for
42 their management and labor; or
43 (vi) animal welfare. Producers who provide more humane care for farmed
44 animals by providing enough space and environmental enrichments to allow
45 animals to carry out their natural behaviors, using pain control as
46 needed when carrying out physical alterations, utilizing responsible,
47 therapeutic antibiotic use, and requiring humane handling and slaughter,
48 as demonstrated by enrollment in an independent animal welfare certif-
49 ication program with regular, third-party on-farm audits assessing a
50 producer's compliance with one hundred percent of the program's welfare
51 standards; or
52 (vii) nutrition. Foods that promote health and well being, comprised
53 of namely whole grains, fresh and minimally-processed fruits and vegeta-
54 bles, dairy products, essential fats (including nuts, seeds and fish),
55 and whole plant-based and lean proteins so as to decrease sodium, added
S. 7638--B 5
1 sugars, artificial additives, and saturated, hydrogenated, and trans
2 fats.
3 § 2. Subdivision 1 of section 103 of the general municipal law, as
4 amended by chapter 2 of the laws of 2012, is amended to read as follows:
5 1. (a) Except as otherwise expressly provided by an act of the legis-
6 lature or by a local law adopted prior to September first, nineteen
7 hundred fifty-three, all contracts for public work involving an expendi-
8 ture of more than thirty-five thousand dollars and all purchase
9 contracts involving an expenditure of more than twenty thousand dollars,
10 shall be awarded by the appropriate officer, board or agency of a poli-
11 tical subdivision or of any district therein including but not limited
12 to a soil conservation district to the lowest responsible bidder
13 furnishing the required security after advertisement for sealed bids in
14 the manner provided by this section[,]; provided, however, that purchase
15 contracts (including contracts for service work, but excluding any
16 purchase contracts necessary for the completion of a public works
17 contract pursuant to article eight of the labor law) may be awarded on
18 the basis of best value, as defined in section one hundred sixty-three
19 of the state finance law, to a responsive and responsible bidder or
20 offerer in the manner provided by this section except that in a poli-
21 tical subdivision other than a city with a population of one million
22 inhabitants or more or any district, board or agency with jurisdiction
23 exclusively therein the use of best value of awarding a purchase
24 contract or purchase contracts must be authorized by local law or, in
25 the case of a district corporation, school district or board of cooper-
26 ative educational services, by rule, regulation or resolution adopted at
27 a public meeting; and provided, further, that food purchase contracts
28 (including contracts for service work, but excluding any purchase
29 contract necessary for the completion of a public works contract pursu-
30 ant to article eight of the labor law) may be awarded: (i) to an other-
31 wise qualified bidder based in New York state who complies with one or
32 more of the values based procurement standards pursuant to subparagraphs
33 (i), (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (c) of this
34 subdivision and may be given preference over other bidders, provided,
35 however, that the cost included in the bid is not more than ten percent
36 greater than the cost included in a bid by the lowest responsible
37 bidder; or (ii) awarded to a responsive and responsible bidder or offer-
38 er based in New York state on the basis of best value, as defined in
39 section one hundred sixty-three of the state finance law, and in the
40 manner provided by this section, and which complies with one or more of
41 the values based procurement standards pursuant to subparagraphs (i),
42 (ii), (iii), (iv), (v), (vi) and (vii) of paragraph (c) of this subdivi-
43 sion. Provided further that pursuant to paragraph (b) of this subdivi-
44 sion, all bidders or offerers on food purchase contracts shall provide
45 relevant supply chain data in their bids or offers to the appropriate
46 officer, board or agency. The appropriate officer, board or agency shall
47 make such data publicly available on the entities' respective websites,
48 excepting data not subject to disclosure pursuant to article six of the
49 public officers law. In determining whether a purchase is an expendi-
50 ture within the discretionary threshold amounts established by this
51 subdivision, the officer, board or agency of a political subdivision or
52 of any district therein shall consider the reasonably expected aggregate
53 amount of all purchases of the same commodities, services or technology
54 to be made within the twelve-month period commencing on the date of
55 purchase. Purchases of commodities, services or technology shall not be
56 artificially divided for the purpose of satisfying the discretionary
S. 7638--B 6
1 buying thresholds established by this subdivision. A change to or a
2 renewal of a discretionary purchase shall not be permitted if the change
3 or renewal would bring the reasonably expected aggregate amount of all
4 purchases of the same commodities, services or technology from the same
5 provider within the twelve-month period commencing on the date of the
6 first purchase to an amount greater than the discretionary buying thres-
7 hold amount. In any case where a responsible bidder's or responsible
8 offerer's gross price is reducible by an allowance for the value of used
9 machinery, equipment, apparatus or tools to be traded in by a political
10 subdivision, the gross price shall be reduced by the amount of such
11 allowance, for the purpose of determining the low bid or best value. In
12 cases where two or more responsible bidders or offerers furnishing the
13 required security submit identical bids or offers as to price, such
14 officer, board or agency may award the contract to any of such bidders
15 or offerers. Such officer, board or agency may, in [his, her or its]
16 their discretion, reject all bids or offers and readvertise for new bids
17 or offers in the manner provided by this section.
18 (b) (i) All relevant supplier data, including supplier data from
19 subcontractors, shall be submitted to the entity advertising the bid or
20 offer at the time of bid, to the best of the bidder's or offerer's abil-
21 ity, and updated by the winning bidder or offerer at the point of
22 contract execution. Such data shall also be updated annually by the
23 winning bidder or offerer and upon any changes to supplier information
24 related to the contract. Such data required pursuant to this paragraph
25 shall include the name and facility address of each supplier, distribu-
26 tor, processor, and producer involved in the provision of the products
27 that the bidder or offerer will supply.
28 (ii) The provisions of this paragraph shall apply to all bidders' and
29 offerers' food purchase contracts and bid proposals.
30 (c) For the purposes of this subdivision, "values based procurement
31 standards" shall mean procurement criteria that is based on:
32 (i) local economies. Food products in which fifty-one percent or more
33 of the raw agricultural materials have been grown, harvested, processed
34 and manufactured within one hundred miles of the location of the
35 purchaser, or in which the bidder or offerer of such food products
36 participates in the department of agriculture and markets' grown and
37 certified program pursuant to section one hundred fifty-six-h of the
38 agriculture and markets law; or
39 (ii) environmental resilience. Preference shall be given to producers
40 that adopt one or more practices that contribute to improved soil health
41 and increased carbon sequestration and storage, and that achieve net
42 short-term and long-term greenhouse gas benefits. Building on progress
43 made by the department of agriculture and markets' climate resilient
44 farming program pursuant to section one hundred fifty-one-n of the agri-
45 culture and markets law, participation in such program shall qualify
46 businesses for this preference, or usage of specific practices. Such
47 practices shall:
48 (A) preserve and rebuild soil quality through use of soil health prac-
49 tices, including but not limited to planting cover crops, adopting
50 no-till and reduced tillage, increasing crop rotations and intercrop-
51 ping, and planting perennial crops, to improve the function and resili-
52 ence of soils;
53 (B) achieve the reduction or elimination of synthetic pesticides and
54 fertilizers;
55 (C) avoid the use of hormones or antibiotics except for treatment of a
56 sick animal or for disease control, where disease control is defined as
S. 7638--B 7
1 use where it can be shown that a particular disease or infection is
2 present on the premises where the animal is kept;
3 (D) protect and enhance wildlife habitats and biodiversity;
4 (E) avoid contributing to water quality impairment and deterioration
5 of local air quality;
6 (F) reduce greenhouse gas emissions attributable to livestock through
7 use of feed management, prescribed grazing, amendments for treatment of
8 agricultural waste, and manure management; or
9 (G) reduce on-farm energy and water consumption, food waste and green-
10 house gas emissions; or
11 (iii) racial equity. Minority and women-owned business enterprises, as
12 defined by article fifteen-A of the executive law, or socially disadvan-
13 taged farms. For the purposes of this subparagraph, "socially disadvan-
14 taged" shall mean individuals who have been subject to discrimination by
15 virtue of their membership of a particular group which may include, but
16 is not limited to, Black or African American, American Indian or Alaska
17 Native, Hispanic or Latino, and Asian or Pacific Islander; or
18 (iv) valued workforce. Suppliers who respect and protect workers'
19 rights, regardless of immigration status, to organize a union, to affil-
20 iate with worker centers and alternative forms of worker representation
21 and to bargain collectively free from retaliation and interference; as
22 evidenced by agreeing to enter into a labor peace agreement with a bona
23 fide labor union; having worker-led workplace health and safety commit-
24 tees; or being a worker-owned cooperative; or
25 (v) valued agricultural sector. Suppliers who pay farmers a fair
26 price, using United States department of agriculture pricing standards,
27 for the products they supply that covers their actual cost of
28 production; and to suppliers who pay fair remuneration to farmers for
29 their management and labor; or
30 (vi) animal welfare. Producers who provide more humane care for farmed
31 animals by providing enough space and environmental enrichments to allow
32 animals to carry out their natural behaviors, using pain control as
33 needed when carrying out physical alterations, utilizing responsible,
34 therapeutic antibiotic use, and requiring humane handling and slaughter,
35 as demonstrated by enrollment in an independent animal welfare certif-
36 ication program with regular, third-party on-farm audits assessing a
37 producer's compliance with one hundred percent of the program's welfare
38 standards; or
39 (vii) nutrition. Foods that promote health and well being, comprised
40 of namely whole grains, fresh and minimally-processed fruits and vegeta-
41 bles, dairy products, essential fats (including nuts, seeds and fish),
42 and whole plant-based and lean proteins so as to decrease sodium, added
43 sugars, artificial additives, and saturated, hydrogenated, and trans
44 fats.
45 § 3. This act shall take effect immediately; provided, however that
46 the amendments to subdivision 1 of section 103 of the general municipal
47 law made by section one of this act shall be subject to the expiration
48 and reversion of such subdivision pursuant to subdivision (a) of section
49 41 of part X of chapter 62 of the laws of 2003, when upon such date the
50 provisions of section two of this act shall take effect.
