Bill Text: NY S00252 | 2019-2020 | General Assembly | Introduced


Bill Title: Permits school districts to favor locally sourced goods.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2019-03-06 - referred to local governments [S00252 Detail]

Download: New_York-2019-S00252-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           252
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
        AN ACT to amend the general municipal law, in relation  to  facilitating
          school districts in purchasing local agricultural products
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraphs (b), (b-1) and (c) of subdivision 9  of  section
     2  103  of the general municipal law, paragraphs (b) and (c) as amended and
     3  paragraph (b-1) as added by chapter 90 of the laws of 2017, are  amended
     4  to read as follows:
     5    (b)  [the  amount  that  may  be  expended by a school district in any
     6  fiscal year for such purchases shall not exceed an amount equal to twen-
     7  ty cents multiplied by the total number  of  days  in  the  school  year
     8  multiplied by the total enrollment of such school district;
     9    (b-1) the amount that may be expended by a board of cooperative educa-
    10  tional  services  in any fiscal year for such purchases shall not exceed
    11  an amount equal to twenty cents multiplied by the total number  of  days
    12  in  the  school  year  multiplied  by  the  number of students receiving
    13  services by such board of cooperative educational services at facilities
    14  operated by a board of cooperative educational services;
    15    (c)] all such purchases shall be administered pursuant to  regulations
    16  promulgated by the commissioner of education. Such regulations shall: be
    17  developed  in  consultation  with  the  commissioner  of agriculture and
    18  markets to accommodate and promote the provisions of the  farm-to-school
    19  program established pursuant to subdivision five-b of section sixteen of
    20  the  agriculture  and  markets law and subdivision thirty-one of section
    21  three hundred five of the education law as added by chapter two  of  the
    22  laws  of  two  thousand  [two]  one;  ensure  that  the prices paid by a
    23  district or board of cooperative educational services for any  items  so
    24  purchased  do  not  exceed  the prices of comparable local farm products
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03672-02-9

        S. 252                              2
     1  that are available to districts through their usual  purchases  of  such
     2  items;  ensure  that  all  producers  and  growers who desire to sell to
     3  school districts or boards of cooperative educational services can read-
     4  ily  access  information  in  accordance  with  the  farm-to-school law;
     5  include provisions for situations when more than one producer or  grower
     6  seeks  to  sell  the  same product to a district or board of cooperative
     7  educational services to ensure that all such producers or  growers  have
     8  an  equitable  opportunity  to  do  so  in a manner similar to the usual
     9  purchasing practices of such districts or boards of  cooperative  educa-
    10  tional  services;  develop guidelines for approval of purchases of items
    11  from associations of more than ten growers and producers;  and,  to  the
    12  maximum extent practicable, minimize additional paperwork, recordkeeping
    13  and  other similar requirements on both growers and producers and school
    14  districts.
    15    § 2. Section 103 of the general municipal law is amended by  adding  a
    16  new subdivision 17 to read as follows:
    17    17.  (a)  When  a  board of education, on behalf of a school or school
    18  district, advertises an offer for bids, it may include in its specifica-
    19  tions language favoring local or regional procurement where proximity to
    20  the offeror is reasonably related to the performance of the services  or
    21  the  provision  of  the  goods,  including the type or quality of goods,
    22  being sought.
    23    (b) Upon a determination by the board of education advertising such  a
    24  bid  that the goods or services included in such an offer are not avail-
    25  able locally or regionally, any language  specifying  proximity  to  the
    26  offeror  shall  be  waived  until  the  next  contract for such goods or
    27  services is let out for bid.
    28    (c) In the event that a board of education receives no acceptable bids
    29  it may waive the language specifying proximity to the offeror and  shall
    30  award a contract in accordance with other applicable statutes.
    31    §  3.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.    Effective  immediately  the  addition,  amendment,
    33  and/or repeal of any rule or regulation necessary for the implementation
    34  of this act on its effective date are authorized and directed to be made
    35  by  the  commissioner  of  the  department of agriculture and markets in
    36  consultation with the commissioner of the department of education on  or
    37  before such effective date.
feedback