Bill Text: NY A07049 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts the local food, farms, and jobs act; relates to the procurement of locally grown farm and food products; sets goals for levels of procurement by state agencies; creates the New York state council on food policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A07049 Detail]
Download: New_York-2019-A07049-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7049--A 2019-2020 Regular Sessions IN ASSEMBLY April 4, 2019 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Agriculture -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the agriculture and markets law, the state finance law, and the economic development law, in relation to procurement of local- ly grown farm and food products and codifying the New York state coun- cil on food policy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "local food, farms, and jobs act". 3 § 2. Section 16 of the agriculture and markets law is amended by 4 adding a new subdivision 6-a to read as follows: 5 6-a. Establish a New York state council on food policy. The purpose 6 of the council shall be to facilitate the growth of a New York-based 7 local farm and food product economy that revitalizes rural and urban 8 communities, promotes healthy eating with access to fresh foods, creates 9 jobs, ensures a readily available supply of safe food in an emergency 10 event, and supports economic growth through making local farm or food 11 products available to all New York citizens. 12 (a) The responsibilities of the council shall include, but are not 13 limited to, the following: 14 (i) to develop and recommend a food policy for the state which recog- 15 nizes that it is in the best interests of the state to ensure the avail- 16 ability of an adequate supply of affordable, fresh and nutritious food 17 to its residents; 18 (ii) to develop and recommend state policies to expand agricultural 19 production, including locally-grown and organically-grown food; 20 (iii) to develop and recommend a strategic plan for implementation of 21 the state food policy, including benchmarks and criteria for measuring 22 progress in achieving state food policy objectives; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05361-05-9A. 7049--A 2 1 (iv) to offer comments on state regulations, legislation and budget 2 proposals in the area of food policy, to ensure a coordinated and 3 comprehensive inter-agency approach to food policy issues; 4 (v) to assist state agencies, state-owned facilities, and other enti- 5 ties with the purchase of local farm or food products and with tracking 6 and reporting of such purchases in order to meet the goals established 7 in this section; 8 (vi) to assist local farm and food entrepreneurs to identify and 9 secure necessary resources and equipment to begin, maintain, and expand 10 projects and networks necessary for the development of local farm or 11 food products; provided, however, that the council will facilitate 12 program start-ups and then relinquish rights, benefits, and control 13 within a reasonably short duration of time; 14 (vii) to facilitate the building of infrastructure, including aggre- 15 gation, processing, storage, packaging, and distribution facilities 16 necessary to move local farm or food products to local and other 17 markets; 18 (viii) to support and expand programs that recruit, train, and provide 19 technical assistance to New York farmers and residents in order to 20 encourage the production of local farm or food products; 21 (ix) to coordinate interagency policies, initiatives, and procedures 22 promoting local farm and food products in New York communities, by work- 23 ing with and involving state, federal, and local agencies, as well as 24 community based organizations, educational institutions, and trade 25 organizations in executing the purposes of this section; 26 (x) to facilitate the elimination of legal barriers hindering the 27 development of a local farm and food economy by working with federal, 28 state, and local public health agencies, other agencies and applicable 29 entities, and the New York attorney general to create consistent and 30 compatible regulations for the production, storage, distribution, and 31 marketing of local farm or food products; 32 (xi) to facilitate the use of public lands for growing local farm or 33 food products by working with governmental entities at the local, state, 34 and federal levels; 35 (xii) to set annual goals for all purchases of local farm or food 36 products by New York residents and to monitor the development and expan- 37 sion of a local farm and food economy through data collection, tracking, 38 measurement, analysis, and reporting on progress made in an annual 39 report to the legislature; and 40 (xiii) to initiate and facilitate public awareness campaigns about the 41 economic benefits of a local farm and food economy. 42 (b) (i) The council shall consist of twenty voting members as follows: 43 eight members with experience and expertise related to agriculture, 44 nutrition or food policy appointed on the recommendation of the legisla- 45 tive leaders, three each by the temporary president of the senate and 46 the speaker of the assembly, and one each by the minority leader of the 47 senate, and the minority leader of the assembly; the dean of the New 48 York state college of agriculture and life sciences; and eleven members 49 shall be appointed by the governor. 50 (ii) The council shall consist of the following non-voting members: 51 the commissioner, the commissioner of health, the commissioner of the 52 office of temporary and disability assistance, the commissioner of the 53 office of children and family services, the commissioner of education, 54 the commissioner of the department of economic development, the director 55 of the office for the aging and the director of the office of rural 56 affairs; one member representing farm organizations; one member repres-A. 7049--A 3 1 enting school food administrators; one member representing consumers; 2 two members representing an organization that provides food assistance; 3 one member representing anti-hunger advocates; one member who is a 4 nutritionist; two members representing the food industry, who are 5 producers, distributors, processors or retailers in the state of New 6 York, at least one of whom produces organic food; four local farm or 7 food product farmers representing different agribusiness sectors, 8 including, but not limited to, the dairy, meat, vegetable, and grain 9 sectors; two representatives of not-for-profit educational organizations 10 that specialize in supporting and expanding local farm or food product 11 networks; one certifier of specialty local farm or food products, such 12 as an organic, naturally grown, biodynamic, Halal, or Kosher certifier; 13 one representative from a philanthropic organization supporting the 14 development of local farm or food products; two municipal represen- 15 tatives from different communities in the state actively engaged in the 16 development of local farm or food products; two representatives from 17 community-based organizations focusing on access to local farm or food 18 products, including at least three minority members; and one chef 19 specializing in the preparation of locally grown foods. 20 (c) (i) The eight voting members selected by the legislative leaders 21 shall be appointed to three-year staggered terms as determined by the 22 legislature. Such persons may be nominated by organizations representing 23 the sectors outlined in paragraph (b) of this subdivision. Vacancies 24 shall be filled by the legislative leaders. 25 (ii) The eleven voting members selected by the governor and the dean 26 of the New York state college of agriculture and life sciences shall be 27 appointed to three-year staggered terms as determined by the governor. 28 Such persons may be nominated by organizations representing the sectors 29 outlined in paragraph (b) of this subdivision. Vacancies shall be filled 30 by the governor. 31 (iii) The twenty-two non-voting, non-state governmental members shall 32 be appointed to three-year staggered terms as determined by the gover- 33 nor. Such persons shall be nominated by organizations representing the 34 sectors outlined in paragraph (b) of this subdivision. Vacancies shall 35 be filled by the governor. 36 (d) The council may apply for and establish a not-for-profit corpo- 37 ration. 38 (e) The board of directors shall elect its presiding officers from 39 among its members and may elect or appoint an executive committee, other 40 committees, and subcommittees to conduct the business of the organiza- 41 tion. 42 (f) The council may solicit grants, loans, and contributions from 43 public or private sources and may enter into any contracts, grants, 44 loans, or agreements with respect to the use of such funds to execute 45 the purposes of this subdivision. 46 (g) The council shall issue a written report on the first day of 47 December each year on: (i) the activities of the council during the 48 preceding year; (ii) recommended food policies for the state; (iii) 49 recommended changes to the strategic plan; (iv) an account of the 50 progress made in achieving the goals of the council; and (v) actions 51 which are necessary to implement the recommendations of the council and 52 effectuate its purposes. 53 (h) Subject to the availability of public or private funds, the board 54 of directors may employ an executive director, treasurer, other staff, 55 or independent contractors necessary to execute the purposes of thisA. 7049--A 4 1 subdivision, and it may fix the compensation, benefits, terms, and 2 conditions of those persons' employment. 3 (i) The state governmental agencies represented on the board of direc- 4 tors may re-direct existing staff, as appropriations permit; assist in 5 executing the purposes of this subdivision; and provide office space, 6 meeting space, and other research and communication services as appro- 7 priate. 8 (j) No member of the council shall be disqualified from holding any 9 public office or employment, nor shall he or she forfeit any such office 10 or employment by virtue of his or her appointment hereunder. Members of 11 the council shall receive no compensation for their services but shall 12 be allowed their actual and necessary expenses incurred in the perform- 13 ance of their functions hereunder. All members of the council shall 14 serve at the pleasure of the governor and vacancies shall be filled in 15 the same manner as original appointments. 16 § 3. The state finance law is amended by adding a new section 163-c to 17 read as follows: 18 § 163-c. Procurement goals for local farm or food products. 1. For 19 the purposes of this section, "local farm or food products" are products 20 grown, processed, packaged, and distributed by New York citizens or 21 businesses located wholly within the borders of New York state. 22 2. (a) In order to create, strengthen, and expand local farm and food 23 economies throughout New York, it shall be the goal of this state that: 24 (i) twenty percent of all food and food products purchased by state 25 agencies and state-owned facilities, including, without limitation, 26 facilities for persons with mental health and developmental disabili- 27 ties, correctional facilities, and public universities, shall, by two 28 thousand twenty, be local farm or food products; and 29 (ii) fifty percent of all food and food products purchased by state 30 agencies and state-owned facilities, including, without limitation, 31 facilities for persons with mental health and developmental disabili- 32 ties, correctional facilities, and public universities, shall, by two 33 thousand twenty-four, be local farm or food products. 34 (b) The New York state council on food policy shall support and 35 encourage that twenty-five percent of food and food products purchased 36 by entities funded in part or in whole by state funds, which spend more 37 than twenty-five thousand dollars per year on food or food products for 38 its students, residents, or clients, including, without limitation, 39 public schools, child care facilities, after-school programs, and hospi- 40 tals, shall, by two thousand twenty-one, be local farm or food products. 41 The goal shall increase to forty percent by two thousand twenty-six. 42 (c) To meet the goals set forth in this section, when a state contract 43 for purchase of food or food products is to be awarded to the lowest 44 responsible bidder, an otherwise qualified bidder who will fulfill the 45 contract through the use of local farm or food products may be given 46 preference over other bidders, provided that the cost included in the 47 bid of local farm or food products is not more than ten percent greater 48 than the cost included in a bid that is not for local farm or food 49 products. 50 (d) All state agencies and state-owned facilities that purchase food 51 and food products shall, with the assistance of the New York state coun- 52 cil on food policy, develop a system for (i) identifying the percentage 53 of local farm or food products purchased for fiscal year two thousand 54 twenty as the baseline; and (ii) tracking and reporting local farm or 55 food products purchases on an annual basis.A. 7049--A 5 1 § 4. Section 16 of the agriculture and markets law is amended by 2 adding a new subdivision 50 to read as follows: 3 50. Establish, and make available on its website, a geo-coded elec- 4 tronic database to facilitate the purchase of fresh produce and food 5 products by schools. The database shall be developed jointly with the 6 New York state council on food policy and, at a minimum, contain the 7 information necessary for (a) schools to identify and contact agricul- 8 tural producers that are interested in supplying schools in the state 9 with fresh produce and food products and (b) agricultural producers of 10 fresh produce and food products to identify schools in the state that 11 are interested in purchasing those products. 12 § 5. Subdivisions 8 and 9 of section 180-a of the economic development 13 law, as added by chapter 550 of the laws of 1999, are amended to read as 14 follows: 15 8. geographically balanced public input and advice from individuals 16 and agencies directly involved with the production, processing, manufac- 17 turing and storage of agricultural products; and such other individuals 18 and agencies as may be engaged in state and local activities in support 19 of economic development in the agriculture resource industry; [and] 20 9. the establishment and purposes of the New York state council on 21 food policy established pursuant to subdivision six-a of section sixteen 22 of the agriculture and markets law; and 23 10. all things necessary or convenient to carry out the functions, 24 powers and duties expressly set forth in this article. 25 § 6. This act shall take effect immediately.
