S4061-2013 Actions

• Mar 6, 2013: REFERRED TO FINANCE

S4061-2013 Memo

BILL NUMBER:S4061

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 Sate  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 DOS 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: None

EFFECTIVE DATE: This act shall take effect on the ninetieth day.

S4061-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4061

                         2013-2014 Regular Sessions

                              I N  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.