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.

---

S978-2013 Actions

• May 20, 2013: referred to agriculture
• May 20, 2013: DELIVERED TO ASSEMBLY
• May 20, 2013: PASSED SENATE
• May 8, 2013: ADVANCED TO THIRD READING
• May 7, 2013: 2ND REPORT CAL.
• May 6, 2013: 1ST REPORT CAL.546
• Jan 9, 2013: REFERRED TO FINANCE

S978-2013 Meetings

Finance: May 6, 2013

S978-2013 Calendars

Active List: May 20, 2013 , Floor Calendar: May 7, 2013 , Floor Calendar: May 8, 2013 , Floor Calendar: May 20, 2013

S978-2013 Votes

S978-2013 Memo

BILL NUMBER:S978

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:
2012: S.2468 - Passed Senate
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.

S978-2013 Text

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

                                     978

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05265-01-3

 S. 978                              2

  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.

 S. 978                              3

    (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.