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S05251 Summary:

S05251 Actions:

S05251 Committee Votes:

S05251 Floor Votes:

S05251 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5251--B
            Cal. No. 794
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     March 17, 2017
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Local  Government  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          passed by Senate and delivered to the Assembly, recalled, vote  recon-
          sidered,  restored  to  third  reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the general municipal law, in relation to purchasing  on
          the  behalf of a school district or a board of cooperative educational
          services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 9 of section 103 of the general municipal law,
     2  as amended by chapter 269 of the laws of 2004, paragraph (a) as  amended
     3  by chapter 62 of the laws of 2016 and subparagraph (ii) of paragraph (a)
     4  as  amended by section 39 of part YYY of chapter 59 of the laws of 2017,
     5  is amended to read as follows:
     6    9. Notwithstanding the foregoing provisions of  this  section  to  the
     7  contrary,  a board of education [may], on behalf of its school district,
     8  or a board of cooperative educational services, may separately  purchase
     9  eggs,  livestock,  fish, dairy products (excluding milk), juice, grains,
    10  and species of fresh fruit and vegetables directly from New  York  State
    11  producers or growers, or associations of producers and growers, provided
    12  that:
    13    (a)  (i)  such association of producers or growers is comprised of ten
    14  or fewer owners of farms who  also  operate  such  farms  and  who  have
    15  combined  to fill the order of a school district or board of cooperative
    16  educational services as herein  authorized,  provided  however,  that  a
    17  school  district  or board of cooperative educational services may apply
    18  to the commissioner of education for  permission  to  purchase  from  an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10671-05-7
        S. 5251--B                          2
 
     1  association  of more than ten owners of such farms when no other produc-
     2  ers or growers have offered to sell to such school or board  of  cooper-
     3  ative educational services; or
     4    (ii)  such  association of producers or growers is comprised of owners
     5  of farms who also operate such farms and have combined to fill the order
     6  of a school district or board of cooperative educational  services,  and
     7  where such order is for fifty thousand dollars or less as herein author-
     8  ized,  provided  however, that a school district or board of cooperative
     9  educational services may apply to  the  commissioner  of  education  for
    10  permission  to  purchase orders of more than fifty thousand dollars from
    11  an association of owners of such farms when no other producers or  grow-
    12  ers have offered to sell to such school;
    13    (b) the amount that may be expended by a school district in any fiscal
    14  year for such purchases shall not exceed an amount equal to twenty cents
    15  multiplied  by the total number of days in the school year multiplied by
    16  the total enrollment of such school district;
    17    (b-1) the amount that may be expended by a board of cooperative educa-
    18  tional services in any fiscal year for such purchases shall  not  exceed
    19  an  amount  equal to twenty cents multiplied by the total number of days
    20  in the school year  multiplied  by  the  number  of  students  receiving
    21  services by such board of cooperative educational services at facilities
    22  operated by a board of cooperative educational services;
    23    (c)  all  such purchases shall be administered pursuant to regulations
    24  promulgated by the commissioner of education. Such regulations shall: be
    25  developed in consultation  with  the  commissioner  of  agriculture  and
    26  markets  to accommodate and promote the provisions of the farm-to-school
    27  program established pursuant to  subdivision  five-b  of  [the]  section
    28  sixteen of the agriculture and markets law and subdivision thirty-one of
    29  section  three hundred five of the education law as added by chapter two
    30  of the laws of two thousand two;  ensure  that  the  prices  paid  by  a
    31  district  or  board of cooperative educational services for any items so
    32  purchased do not exceed the prices of  comparable  local  farm  products
    33  that  are  available  to districts through their usual purchases of such
    34  items; ensure that all producers and  growers  who  desire  to  sell  to
    35  school districts or boards of cooperative educational services can read-
    36  ily  access  information  in  accordance  with  the  farm-to-school law;
    37  include provisions for situations when more than one producer or  grower
    38  seeks  to  sell  the  same product to a district or board of cooperative
    39  educational services to ensure that all such producers or  growers  have
    40  an  equitable  opportunity  to  do  so  in a manner similar to the usual
    41  purchasing practices of such districts or boards of  cooperative  educa-
    42  tional  services;  develop guidelines for approval of purchases of items
    43  from associations of more than ten growers and producers;  and,  to  the
    44  maximum extent practicable, minimize additional paperwork, recordkeeping
    45  and  other similar requirements on both growers and producers and school
    46  districts.
    47    § 2. Section 103 of the general municipal law is amended by  adding  a
    48  new subdivision 9-a to read as follows:
    49    9-a.  Notwithstanding any provision of this section to the contrary, a
    50  county may separately purchase eggs, livestock,  fish,  dairy  products,
    51  juice,  grains,  and species of fresh fruit and vegetables directly from
    52  New York state producers or growers, or associations  of  producers  and
    53  growers, provided that:
    54    (a)  such  association  of producers or growers is comprised of ten or
    55  fewer owners of farms who also operate such farms and who have  combined
    56  to  fill  the  order of a county as herein authorized, provided however,
        S. 5251--B                          3
 
     1  that a county may apply to the commissioner of  the  office  of  general
     2  services for permission to purchase from an association of more than ten
     3  owners  of such farms when no other producers or growers have offered to
     4  sell to such county;
     5    (b) the amount that may be expended by a county in any fiscal year for
     6  such purchases shall not exceed the greater of:
     7    (i)  the  expenditure  threshold  provided  in subdivision one of this
     8  section; or
     9    (ii) twenty cents multiplied by the total population of such county;
    10    (c) all such purchases shall be administered pursuant  to  regulations
    11  promulgated  by  the  commissioner of the office of general services and
    12  developed in consultation  with  the  commissioner  of  agriculture  and
    13  markets.  Such regulations shall ensure that the prices paid by a county
    14  for any items so purchased do not exceed the prices of comparable  local
    15  farm  products  that  are  available  to  the  political  subdivision or
    16  district therein through their usual purchases of  such  items;  include
    17  provisions for situations when more than one producer or grower seeks to
    18  sell  the  same product to a county to ensure that all such producers or
    19  growers have an equitable opportunity to do so in a  manner  similar  to
    20  the  usual  purchasing  practices of such county; include guidelines for
    21  the approval of purchases of items from associations of  more  than  ten
    22  growers  or  producers; and, to the maximum extent practicable, minimize
    23  additional paperwork, recordkeeping and other  similar  requirements  on
    24  both growers and producers and counties.
    25    § 3. This act shall take effect immediately.