Relates to solicitation of available New York food products.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Espaillat
Excused (2): Perkins, Ranzenhofer
BILL NUMBER:S4061 REVISED 6/5/13
TITLE OF BILL: An act to amend the state finance law, in relation to solicitation of available New York food products
PURPOSE: To establish guidelines that will assist state agencies with the procurement of New York food products.
SUMMARY OF PROVISIONS: Subdivision four of section 165 of the State Finance Law would be amended as follows: Paragraph (a) would add a new subparagraph (i) to require that all solicitations for purchases of food by state agencies include the list of New York food products developed by the Commissioner of Agriculture and Markets pursuant to paragraph (b) and a notice that such New York State food products are available in sufficient quantities for competitive purchasing.
Paragraph (d) would be amended to authorize the Commissioners of General Services and Agriculture and Markets to develop regulations to: establish guidelines to increase purchases of New York food products; publish the guidelines on the Office of General Services (OGS) website; and, provide for monitoring and implementation of subdivision four.
Paragraph (f) would be amended to require that successful bidders review the list of New York State food products and report to the procuring agency their total food products and processed food products procured under such contracts, by specific type with the dollar value, identifying New York State food products, and, those products procured from outside of New York State that were listed as available from New York by the Commissioner of Agriculture and Markets.
Paragraph (g) is amended to require that the Commissioner of General Services report to the governor and legislature on the implementation of subdivision four by December first of each year. The report must include the aggregate of the information reported to agencies in paragraph (f).
JUSTIFICATION: Current law authorizes OGS to require that all or some of the food purchased by the State is grown, produced, harvested or processed in New York State and requires the Commissioner of Agriculture and Markets to provide a listing of available, competitively-priced food products grown, produced or harvested in New York. Although this law has been in effect for more than two decades it is unclear as to how effectively it is used by State agencies to purchase local foods. There is little to no reporting, or evidence, that agencies or successful bidders are making an effort to buy locally grown foods, even when they are available at a competitive price.
The citizens of New York actively support local agriculture by using their purchasing power at farmers' markets, restaurants, other food retailers and increasingly at institutions such as schools and universities. The State Legislature has also clearly expressed its intention that the power of State purchasing be used to support the State's farmers and food producers and small food businesses. This bill would make
clear to procurement officials, vendors seeking to sell food to the State, farmers and business owners that New York intends to make this law work. Tracking State agencies' purchases would be beneficial to help the State and food vendors to identify how food dollars are being spent now, opportunities for additional purchases of local foods by the State, and opportunities for producers to begin, or expand, production of foods that are being procured elsewhere.
LEGISLATIVE HISTORY: A.10206 of 2012
FISCAL IMPLICATIONS: Pursuant to a cost analysis provided by the Department of Agriculture and Markets dated May 31, 2013 the Department estimates that developing and maintaining this list will cost $45,000.
EFFECTIVE DATE: This act shall take effect on the ninetieth day.
STATE OF NEW YORK ________________________________________________________________________ 4061 2013-2014 Regular Sessions IN SENATE March 6, 2013 ___________Introduced by Sens. RITCHIE, MARCHIONE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to solicitation of available New York food products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs a, d, f and g of subdivision 4 of section 165 of the state finance law, as amended by chapter 137 of the laws of 2008, are amended to read as follows: 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 require provisions that mandate that all or some 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. (I) ALL SUCH SOLICITATIONS FOR THE PURCHASE OF FOOD PRODUCTS SHALL INCLUDE THE LIST OF FOOD PRODUCTS DEVELOPED BY THE COMMISSIONER OF AGRI- CULTURE AND MARKETS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; AND (II) NOTICE THAT SUCH FOOD PRODUCTS ARE AVAILABLE IN SUFFICIENT QUAN- TITIES FOR COMPETITIVE PURCHASING AND THAT THE LIST WAS DEVELOPED TO ASSIST THE STATE IN INCREASING PURCHASES OF NEW YORK STATE FOOD PRODUCTS. d. The commissioner, and the commissioner of agriculture and markets,
[may]SHALL issue [such]regulations [as they deem necessary and proper]for the implementation of this subdivision, INCLUDING BUT NOT LIMITED TO: (I) ESTABLISHING GUIDELINES THAT WILL ASSIST AGENCIES IN INCREASING THEIR USE AND PURCHASE OF NEW YORK STATE FOOD PRODUCTS;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09009-01-3 S. 4061 2
(II) PUBLISHING SUCH PURCHASING GUIDELINES ON THE OFFICE OF GENERAL SERVICES WEBSITE, DISSEMINATING SUCH GUIDELINES TO AGENCIES AND TRAINING CONTRACTING PERSONNEL ON IMPLEMENTING SUCH GUIDELINES; AND (III) PROVIDING FOR MONITORING OF IMPLEMENTATION. 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. (III) EVERY SUCCESSFUL OFFERER SHALL: (1) REVIEW THE LIST OF NEW YORK STATE FOOD PRODUCTS DEVELOPED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION TO DETERMINE WHETHER ANY SUCH PRODUCTS ARE BEING PROVIDED UNDER THEIR CONTRACTS; (2) REPORT TO THE PROCURING AGENCY ALL OF THE FOOD PRODUCTS AND PROC- ESSED FOOD PROCURED UNDER SUCH CONTRACTS, CATEGORIZED BY SPECIFIC TYPE, TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH CONTRACT, TO THE EXTENT PRACTICABLE AND KNOWN TO SUCH VENDOR; AND (3) FOR EACH SUCH TYPE OF FOOD PRODUCT OR PROCESSED FOOD INCLUDED ON THE LIST OF NEW YORK STATE FOOD PRODUCTS, REPORT TO THE PROCURING AGEN- CY, TO THE EXTENT PRACTICABLE AND KNOWN TO SUCH VENDOR: (A) ANY SUCH NEW YORK STATE FOOD PRODUCT PROCURED UNDER SUCH CONTRACT, TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH CONTRACT; (B) ANY SUCH FOOD PRODUCT FROM OUTSIDE OF NEW YORK STATE PROCURED UNDER SUCH CONTRACT DURING ITS LISTED NEW YORK STATE AVAILABILITY PERI- OD, TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH CONTRACT; AND (C) ANY OTHER SUCH FOOD PRODUCT FROM OUTSIDE OF NEW YORK STATE OR PROCESSED FOOD FROM FACILITIES OUTSIDE OF NEW YORK STATE PROCURED UNDER SUCH CONTRACT FROM OUTSIDE NEW YORK STATE, TOGETHER WITH THE DOLLAR VALUE OF EACH SUCH TYPE PROCURED UNDER SUCH CONTRACT. g. NO LATER THAN DECEMBER FIRST OF EACH YEAR THE COMMISSIONER SHALL ANNUALLY REPORT TO THE GOVERNOR AND LEGISLATURE ON THE IMPLEMENTATION OF THIS SUBDIVISION. SUCH REPORT SHALL INCLUDE, AT MINIMUM: (I) A DESCRIPTION OF THE OFFICE'S EFFORTS TO IMPROVE AND INCREASE THE TRACKING OF INFORMATION RELATING TO NEW YORK STATE FOOD PROCURED BY AGENCIES; AND (II) THE INFORMATION COLLECTED PURSUANT TO PARAGRAPH F OF THIS SUBDI- VISION, COMPILED TO PROVIDE THE FOLLOWING, DISAGGREGATED BY FOOD PRODUCT AND PROCESSED FOOD: (A) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD PRODUCTS PROCURED BY AGENCIES; (B) THE TOTAL DOLLAR VALUE OF FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE PROCURED BY AGENCIES DURING THEIR LISTED NEW YORK STATE AVAILABIL- ITY PERIODS; AND (C) THE TOTAL DOLLAR VALUE OF ALL OTHER FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE AND PROCESSED FOOD FROM FACILITIES OUTSIDE OF NEW YORK STATE.S. 4061 3
H. 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 of the provisions of this subdivision to the university and shall modify any regulations or procedures heretofore established pursuant to this subdivision, in order to facilitate such participation. S 2. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made and completed on or before such effective date.