Bill Text: NY A04406 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes procurement goals that certain percentages of all food products purchased by state agencies shall be New York state food products.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced) 2024-03-12 - print number 4406a [A04406 Detail]

Download: New_York-2023-A04406-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4406

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced by M. of A. LUPARDO, WOERNER, THIELE, FAHY, DICKENS, GUNTHER,
          GLICK, BUTTENSCHON, STIRPE, JONES, TAGUE, FITZPATRICK, HAWLEY, ANGELI-
          NO  --  read  once and referred to the Committee on Governmental Oper-
          ations

        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
    21  food  products; and  in the fourth year after the effective date of this
    22  section and thereafter, at least twenty-five percent  of  all  food  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08184-01-3
        A. 4406                             2

     1  food  products  purchased  by  such state agency shall be New York state
     2  food products.
     3    (b) To meet the goal set forth in this subdivision, when a state agen-
     4  cy's contract for the purchase of food or food products is to be awarded
     5  to the lowest responsible bidder, an otherwise qualified bidder who will
     6  fulfill the contract through the use of New York state food products may
     7  be  given preference over other bidders, provided that the cost included
     8  in the bid of New York state food products is not more than ten  percent
     9  greater  than  the cost included in a bid that is not for New York state
    10  food products.
    11    3. The provisions of this section shall not apply if the head  of  the
    12  contracting state agency purchasing food or food products, in his or her
    13  sole  discretion, determines that: (a) purchasing New York state food or
    14  food products pursuant to the provisions  in  subdivision  one  of  this
    15  section  would  be  against the public interest; (b) purchasing New York
    16  state food or food products would increase the cost of the  contract  by
    17  an  unreasonable  amount;  (c)  New  York  state food products cannot be
    18  obtained in sufficient and reasonable available quantities and of satis-
    19  factory quality to meet the contracting state agency's requirements;  or
    20  (d)  purchasing  food  or  food  products  grown, harvested, or produced
    21  outside of this state, or food processed in facilities inside or outside
    22  of this state comprising less than  fifty-one percent  agricultural  raw
    23  materials  grown,  harvested,  or  produced  in this state, by weight or
    24  volume, is necessary to avoid a delay in the delivery of  food  or  food
    25  products.
    26    4.  Nothing  in  this  section  shall be construed to conflict with or
    27  otherwise limit the goals and requirements  set  forth  by  section  one
    28  hundred  sixty-two of the this article and articles fifteen-A and seven-
    29  teen-B of the  executive  law.  Any  contracts  meeting  the  goals  and
    30  requirements  set forth by this section, in addition to requirements set
    31  forth by section one hundred sixty-two of this article  and/or  articles
    32  fifteen-A  and seventeen-B of the executive law, shall be counted toward
    33  all applicable goals and requirements it may satisfy.
    34    5. The commissioner, in conjunction with the commissioner of  agricul-
    35  ture  and  markets  shall  periodically,  but  no later than every three
    36  years, review the New  York  state  food  and  food  product  goals  and
    37  requirements  set  forth  by  subdivision two of this section, and shall
    38  issue a joint recommendation suggesting any changes in  such  goals  and
    39  requirements deemed necessary. Such recommendation shall be submitted to
    40  the  governor, the temporary president of the senate, and the speaker of
    41  the assembly.
    42    §  2. Paragraph g of subdivision 4 of section 165 of the state finance
    43  law, as amended by chapter 533 of the laws of 2013, is amended  to  read
    44  as follows:
    45    g.  No  later  than December first of each year the commissioner shall
    46  annually report to the governor and legislature on the implementation of
    47  this subdivision. Such report shall include, at minimum:
    48    (i) a description of the office's efforts to improve and increase  the
    49  tracking  of  information  relating  to  New York state food procured by
    50  agencies; [and]
    51    (ii) the information collected pursuant to paragraph f of this  subdi-
    52  vision, compiled to provide the following, disaggregated by food product
    53  and processed food:
    54    (a) the total dollar value of New York state food products procured by
    55  agencies;
        A. 4406                             3

     1    (b)  the  total dollar value of food products from outside of New York
     2  state procured by agencies during their listed New York state availabil-
     3  ity periods; and
     4    (c)  the total dollar value of all other food products from outside of
     5  New York state and processed food from facilities outside  of  New  York
     6  state; and
     7    (iii)  an  annual  summary  detailing  each state agency contract made
     8  which satisfies the New York state food product  procurement  goals  and
     9  requirements  as  set forth by section one hundred sixty-three-c of this
    10  article, disaggregated by contracting agency, to include  the  following
    11  information:
    12    (a)  the  total dollar value of all food or food products purchased in
    13  each contract;
    14    (b) the total dollar value of New York state  food  or  food  products
    15  purchased in each contract;
    16    (c)  the  total  dollar value of food or food products from outside of
    17  New York state and food processed from facilities inside or  outside  of
    18  New  York  state  comprising less than fifty-one percent of agricultural
    19  raw materials grown, harvested, or produced in this state, by weight  or
    20  volume purchased in each contract;
    21    (d)  the agency's annual aggregate percentage of food or food products
    22  purchased; and
    23    (e) an enumeration of all contracts entered into in which the head  of
    24  the  contracting  state agency applied one of the exceptions pursuant to
    25  subdivision three of section one hundred and sixty-three-a of this arti-
    26  cle in the awarding of a bid; and the total dollar  amount  of  food  or
    27  food  products  from  outside  of New York state and food processed from
    28  facilities inside or outside of New  York  state  comprising  less  than
    29  fifty-one  percent  of  agricultural  raw materials grown, harvested, or
    30  produced in this state, purchased in such contracts.
    31    § 3. This act shall take effect one year after it shall have become  a
    32  law;  provided,  however, that section two of this act shall take effect
    33  two years after it shall have become a law.