Establishes procurement goals that certain percentages of all food and food products purchased by state agencies shall be New York state food products.
STATE OF NEW YORK
________________________________________________________________________
3125--A
2023-2024 Regular Sessions
IN SENATE
January 27, 2023
___________
Introduced by Sens. HINCHEY, HELMING, MAY, MURRAY, ROLISON -- 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 committee
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-e to read as follows:
3 § 163-e. Procurement goals for New York state food products. 1. For
4 the purposes of this section, the following terms shall have the follow-
5 ing meanings:
6 (a) "New York state food product" shall mean a food item that is:
7 (i) grown, harvested, or produced in this state; or
8 (ii) processed inside or outside this state comprising over fifty-one
9 percent agricultural raw materials grown, harvested, or produced in this
10 state, by weight or volume.
11 (b) "State agency" shall mean any agency or department over which the
12 governor has executive authority, including all offices and divisions
13 thereof, as well as all public authorities for which the governor
14 appoints the chair, the chief executive, or the majority of board
15 members, including all offices and divisions thereof, except for the
16 Port Authority of New York and New Jersey. State agency shall include
17 the state university of New York and the city university of New York.
18 2. (a) In order to create, strengthen, and expand local farm and food
19 economies throughout New York, all state agencies annually spending an
20 amount exceeding fifty thousand dollars on food or food products shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08184-02-4
S. 3125--A 2
1 set percentage goals for New York state food products purchased yearly
2 and if a state agency spends an amount greater than or equal to two
3 million dollars annually on food or food products then:
4 (i) on or before December thirty-first, two thousand twenty-five, at
5 least fifteen percent of all food and food products purchased by such
6 state agency shall be New York state food products;
7 (ii) on or before December thirty-first, two thousand twenty-six, at
8 least twenty percent of all food and food products purchased by such
9 state agency shall be New York state food products;
10 (iii) on or before December thirty-first, two thousand twenty-seven,
11 at least twenty-five percent of all food and food products purchased by
12 such state agency shall be New York state food products; and
13 (iv) on or before December thirty-first, two thousand twenty-eight and
14 thereafter, at least thirty percent of all food and food products
15 purchased by such state agency shall be New York state food products.
16 (b) To meet the goal set forth in this subdivision, when a state agen-
17 cy's contract for the purchase of food or food products is to be awarded
18 to the lowest responsible bidder, an otherwise qualified bidder who will
19 fulfill the contract through the use of New York state food products may
20 be given preference over other bidders, provided that the cost included
21 in the bid of New York state food products is not more than ten percent
22 greater than the cost included in a bid that is not for New York state
23 food products.
24 3. The provisions of this section shall not apply if the head of the
25 contracting state agency purchasing food or food products, in his or her
26 sole discretion, determines that: (a) purchasing New York state food or
27 food products pursuant to the provisions in subdivision one of this
28 section would be against the public interest; (b) purchasing New York
29 state food or food products would increase the cost of the contract by
30 an unreasonable amount; (c) New York state food products cannot be
31 obtained in sufficient and reasonable available quantities and of satis-
32 factory quality to meet the contracting state agency's requirements; or
33 (d) purchasing food or food products grown, harvested, or produced
34 outside of this state, or food processed in facilities inside or outside
35 of this state comprising less than fifty-one percent agricultural raw
36 materials grown, harvested, or produced in this state, by weight or
37 volume, is necessary to avoid a delay in the delivery of food or food
38 products.
39 4. Nothing in this section shall be construed to conflict with or
40 otherwise limit the goals and requirements set forth by section one
41 hundred sixty-two of the this article and articles fifteen-A and seven-
42 teen-B of the executive law. Any contracts meeting the goals and
43 requirements set forth by this section, in addition to requirements set
44 forth by section one hundred sixty-two of this article and/or articles
45 fifteen-A and seventeen-B of the executive law, shall be counted toward
46 all applicable goals and requirements it may satisfy.
47 5. The commissioner, in conjunction with the commissioner of agricul-
48 ture and markets shall periodically, but no later than every three
49 years, review the New York state food and food product goals and
50 requirements set forth by subdivision two of this section, and shall
51 issue a joint recommendation suggesting any changes in such goals and
52 requirements deemed necessary. Such recommendation shall be submitted to
53 the governor, the temporary president of the senate, and the speaker of
54 the assembly.
S. 3125--A 3
1 § 2. Paragraph g of subdivision 4 of section 165 of the state finance
2 law, as amended by chapter 533 of the laws of 2013, is amended to read
3 as follows:
4 g. No later than December first of each year the commissioner shall
5 annually report to the governor and legislature on the implementation of
6 this subdivision. Such report shall include, at minimum:
7 (i) a description of the office's efforts to improve and increase the
8 tracking of information relating to New York state food procured by
9 agencies; [and]
10 (ii) the information collected pursuant to paragraph f of this subdi-
11 vision, compiled to provide the following, disaggregated by food product
12 and processed food:
13 (a) the total dollar value of New York state food products procured by
14 agencies;
15 (b) the total dollar value of food products from outside of New York
16 state procured by agencies during their listed New York state availabil-
17 ity periods; and
18 (c) the total dollar value of all other food products from outside of
19 New York state and processed food from facilities outside of New York
20 state; and
21 (iii) an annual summary detailing each state agency contract made
22 which satisfies the New York state food product procurement goals and
23 requirements as set forth by section one hundred sixty-three-c of this
24 article, disaggregated by contracting agency, to include the following
25 information:
26 (a) the total dollar value of all food or food products purchased in
27 each contract;
28 (b) the total dollar value of New York state food or food products
29 purchased in each contract;
30 (c) the total dollar value of food or food products from outside of
31 New York state and food processed from facilities inside or outside of
32 New York state comprising less than fifty-one percent of agricultural
33 raw materials grown, harvested, or produced in this state, by weight or
34 volume purchased in each contract;
35 (d) the agency's annual aggregate percentage of food or food products
36 purchased; and
37 (e) an enumeration of all contracts entered into in which the head of
38 the contracting state agency applied one of the exceptions pursuant to
39 subdivision three of section one hundred sixty-three-a of this article
40 in the awarding of a bid; and the total dollar amount of food or food
41 products from outside of New York state and food processed from facili-
42 ties inside or outside of New York state comprising less than fifty-one
43 percent of agricultural raw materials grown, harvested, or produced in
44 this state, purchased in such contracts.
45 § 3. This act shall take effect one year after it shall have become a
46 law; provided, however, that section two of this act shall take effect
47 two years after it shall have become a law.
