Bill S2468-2011

Enacts the "buy from the backyard act"

Enacts the "buy from the backyard act"; requires the office of general services and other state agencies to buy 20% of all their food products from producers and/or processors in New York state; provides that the commissioner of agriculture and markets shall determine the New York food products that are available during the various times during the year; directs such commissioner to report to the governor and the legislature on the implementation of such provisions.

Details

Actions

  • Mar 19, 2012: referred to agriculture
  • Mar 19, 2012: DELIVERED TO ASSEMBLY
  • Mar 19, 2012: PASSED SENATE
  • Mar 15, 2012: ADVANCED TO THIRD READING
  • Mar 14, 2012: 2ND REPORT CAL.
  • Mar 13, 2012: 1ST REPORT CAL.330
  • Jan 4, 2012: REFERRED TO FINANCE
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to agriculture
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • May 18, 2011: ADVANCED TO THIRD READING
  • May 17, 2011: 2ND REPORT CAL.
  • May 16, 2011: 1ST REPORT CAL.660
  • Jan 21, 2011: REFERRED TO FINANCE

Votes

Memo

BILL NUMBER:S2468

TITLE OF BILL:

An act to amend the state finance law and the agriculture and markets law, in relation to enacting the "buy from the backyard act"

PURPOSE:

To require that State agencies who purchase food and food products to purchase 20% of their total contracts for food from within New York State, likely resulting in significant spending in New York State's agricultural industry.

SUMMARY OF PROVISIONS: Section 1. Designates this act to be known as the "Buy From the Backyard Act".

Section 2. Amends §165(4) of the State Finance Law to require that during each fiscal year, not less than twenty percent of food products purchased through contracts on behalf of facilities and institutions of the State, be products grown, produced or harvested in New York State, or that any processing of such food products took place within New York State. This section also classifies "competitive purchasing" under the subdivision to be deemed to be established when the cost of such products are not more than ten percent higher than other food products.

Section 3. Adds a Section 5-a to the Agriculture and Markets Law to require a yearly report, on or before March 1st of each year, by the Commissioner of Agriculture and Markets, to the Governor and Legislature regarding the compliance by State agencies with § 165(4) of State Finance Law.

Section 4. Sets the effective date as the first of April next succeeding the date on which it shall have become a law.

JUSTIFICATION: This bill expands upon an existing law, which creates a program that encourages the purchase of local food products by State agencies. These inevitable purchases by the State agencies will provide a boost to the economy within the boundaries of the New York State. This bill would require that 20 percent of the total contracts for food by a State agency during each fiscal year be bought "from the backyard".

LEGISLATIVE HISTORY: 2010: S.6974 - Referred to Finance

FISCAL IMPLICATIONS:

This legislation is likely to result in significant spending in local agricultural industries, which employ many local workers. As one of the top industries in the State, agriculture is a vital part of our efforts to create new jobs. There may be a slight cost to the State due to the competitive pricing flexibility allowed in the bill.

EFFECTIVE DATE: First of April next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2468 2011-2012 Regular Sessions IN SENATE January 21, 2011 ___________
Introduced by Sen. LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law and the agriculture and markets law, in relation to enacting the "buy from the backyard act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "buy from the backyard act". S 2. Subdivision 4 of section 165 of the state finance law, as amended by chapter 137 of the laws of 2008, is amended to read as follows: 4. Special provisions for purchase of available New York food products. a. Except as otherwise provided in this subdivision, when letting contracts for the purchase of food products on behalf of facilities and institutions of the state, solicitation specifications of the office of general services and any other agency, department, office, board or commission [may] SHALL require provisions that mandate that [all or some], DURING EACH STATE FISCAL YEAR, NOT LESS THAN TWENTY PERCENT of the required food products are grown, produced or harvested in New York state, or that any processing of such food products take place in facil- ities located within New York state. b. The commissioner of agriculture and markets shall determine AND CERTIFY, using uniform criteria, those food products for which the requirements of this subdivision are deemed MOST beneficial and shall promulgate and forward to the appropriate agencies a list of such food products, and shall in addition ascertain those periods of time each year that those food products are available in sufficient quantities for competitive purchasing and shall forward such information to purchasing agencies. The commissioner of agriculture and markets shall update such list as often as is deemed by him or her to be necessary. FOR THE PURPOSES OF THIS SUBDIVISION, "COMPETITIVE PURCHASING" OF NEW YORK FOOD
PRODUCTS SHALL BE DEEMED TO BE ESTABLISHED WHEN THE COST OF SUCH PRODUCTS ARE NOT MORE THAN TEN PERCENT HIGHER THAN OTHER FOOD PRODUCTS. c. (i) Prior to issuing a solicitation for such food products, purchasing agencies shall advise the commissioner of agriculture and markets of the quantities of each food product on the list promulgated by the commissioner of agriculture and markets to fulfill that agency's purchasing needs. (ii) The commissioner of agriculture and markets will then make a determination of whether those products required by the purchasing agen- cy are available in sufficient quantities to satisfy the purchasing agency's requirements. (iii) Upon a determination by the commissioner of agriculture and markets that the food products required by the purchasing agency are available in sufficient quantities to fulfill the agency's purchasing needs, the purchasing agency [may] SHALL include in its solicitation a requirement that all or some of those food products are grown, produced or harvested in New York state, or that any processing of such food products take place in facilities located within New York state. (iv) Upon a determination by the commissioner of agriculture and markets that such food products are not available in sufficient quanti- ties to fulfill the agency's purchasing needs, the purchasing agency shall issue a solicitation that does not require that all or some of those food products are grown, produced or harvested in New York state, or that any processing of such food products take place in facilities located within New York state. In such cases, the purchasing agency [may] SHALL include such requirements in the next contract for such food products that is let if at such time those food products are available in sufficient quantities. If at that time, those food products are not available in sufficient quantities, the requirement shall again be waived until such time as the products are available. (v) In the event that the purchasing agency receives no offers that meet the agency's requirement that all or some of the food products are grown, produced or harvested in New York state, or that any processing of such food products take place in facilities located within New York state, it may waive the provisions of this subdivision and award a contract in accordance with other applicable statutes. [In addition, if the commissioners of agriculture and markets, economic development and any such individual agency shall agree as to the deleterious economic impact of specifications requiring such purchases, such agencies may waive the provisions of this subdivision for such purchases.] d. The commissioner, and the commissioner of agriculture and markets, may issue such regulations as they deem necessary and proper for the implementation of this subdivision. e. Notwithstanding any other section of law, rule, regulation or stat- ute, the department of agriculture and markets shall supply information required by paragraph b of this subdivision to the office of general services and to all other appropriate agencies. f. (i) With each offer, the offerer shall certify that the food products provided pursuant to that solicitation will be in conformity with the provisions of the [percentage required to meet or exceed the] requirements in the solicitation specifying that all [or some] of the food products be grown, produced, or harvested within New York state or that any processing of such food products take place in facilities located within New York state. (ii) Any successful offerer who fails to comply with the provisions of this subdivision, at the discretion of such agency, board, office or
commission, shall forfeit the right to bid on contracts let under the provisions of this subdivision for a period of time to be determined by the commissioner and the commissioner of agriculture and markets. g. The commissioner and the commissioner of agriculture and markets, shall advise and assist the chancellor of the state university of New York in [extending the benefits] THE IMPLEMENTATION of the provisions of this subdivision [to] BY the STATE university [and shall modify any regulations or procedures heretofore established pursuant to this subdi- vision, in order to facilitate such participation] OF NEW YORK. S 3. The agriculture and markets law is amended by adding a new section 5-a to read as follows: S 5-A. REPORT ON PURCHASE OF NEW YORK FOOD PRODUCTS. ON OR BEFORE MARCH FIRST EACH YEAR, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON THE IMPLEMENTATION OF THE PROVISIONS OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE OF THE STATE FINANCE LAW. SUCH REPORT SHALL INCLUDE THE LEVEL OF COMPLIANCE BY STATE AGENCIES WITH THE PROVISIONS OF SUCH SUBDIVISION, THE AVAILABLE NEW YORK FOOD PRODUCTS AND THE PRODUCERS AND/OR PROCESSORS THEREOF WHICH WERE PURCHASED AND RECOM- MENDATIONS FOR THE IMPROVED IMPLEMENTATION OF SUCH SUBDIVISION. S 4. This act shall take effect on the first of April next succeeding the date on which it shall have become a law.

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