S T A T E O F N E W Y O R K
________________________________________________________________________
7572
2013-2014 Regular Sessions
I N A S S E M B L Y
May 23, 2013
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law and the state finance
law, in relation to local product procurement; and in relation to a
procurement training program for agricultural business
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of the agriculture and markets law is amended by
adding a new subdivision 6 to read as follows:
6. "LOCAL FOOD PRODUCTS" MEANS ANY FOOD PRODUCTS THAT ARE GROWN,
PRODUCED, HARVESTED, AND/OR PROCESSED BY NEW YORK CITIZENS OR BUSINESSES
LOCATED WITHIN THE BORDERS OF NEW YORK STATE, OR PREDOMINANTLY CONTAIN
NEW YORK-GROWN INGREDIENTS.
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 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] LOCAL FOOD PRODUCTS, AS SUCH TERM
IS DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND
MARKETS LAW.
b. The commissioner of agriculture and markets shall determine, using
uniform criteria, those LOCAL food products, AS SUCH TERM IS DEFINED IN
SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS LAW, for
which the requirements of this subdivision are deemed beneficial and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11055-04-3
A. 7572 2
shall promulgate and forward to the appropriate agencies a list of such
LOCAL food products, and shall in addition ascertain those periods of
time each year that those LOCAL food products are available in suffi-
cient 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.
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 include in its solicitation a require-
ment 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] LOCAL
FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN SUBDIVISION SIX OF SECTION TWO
OF THE AGRICULTURE AND MARKETS LAW. THE PURCHASING AGENCY MAY THEN GIVE
PREFERENCE TO PROCURING LOCAL FOOD PRODUCTS, IF THE PRODUCTS COST NO
MORE THAN TEN PERCENT MORE THAN FOOD PRODUCTS THAT ARE NOT GROWN,
PRODUCED, HARVESTED, AND/OR PROCESSED WITHIN THIS 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] LOCAL FOOD PRODUCTS, AS SUCH TERM IS
DEFINED IN SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS
LAW. In such cases, the purchasing agency may 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] LOCAL FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN SUBDIVISION SIX
OF SECTION TWO OF THE AGRICULTURE AND MARKETS LAW, it may waive the
provisions of this subdivision and award a contract in accordance with
other applicable statutes. In addition, if the commissioners of agricul-
ture 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.
A. 7572 3
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] LOCAL FOOD PRODUCTS, AS SUCH TERM IS DEFINED IN
SUBDIVISION SIX OF SECTION TWO OF THE AGRICULTURE AND MARKETS LAW.
(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 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 3. Subparagraphs (vii), (viii), (ix), (x) and (xi) of paragraph b of
subdivision 3 of section 163 of the state finance law, subparagraph
(vii) as added by chapter 584 of the laws of 2005, and subparagraphs
(viii), (ix), (x) and (xi) as added by chapter 137 of the laws of 2008,
are amended to read as follows:
(vii) WITH THE ASSISTANCE OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT
AND THE DEPARTMENT OF AGRICULTURE AND MARKETS, PROVIDE A TRAINING
PROGRAM ONCE PER YEAR, IN EACH ECONOMIC DEVELOPMENT REGION, AS ESTAB-
LISHED IN ARTICLE ELEVEN OF THE ECONOMIC DEVELOPMENT LAW, BEGINNING
JANUARY FIRST, TWO THOUSAND FOURTEEN, FOR AGRICULTURAL BUSINESSES. SUCH
TRAINING PROGRAM SHALL PROVIDE ASSISTANCE WITH RESPECT TO PARTICIPATION
AS A VENDOR IN THE PROCUREMENT PROCESS, AS ESTABLISHED IN THIS ARTICLE,
AND THE DEVELOPMENT OF LOCAL FOOD PRODUCTS WHICH ARE NOT GROWN,
PRODUCED, HARVESTED, AND/OR PROCESSED IN SUFFICIENT QUANTITIES TO
FULFILL STATE AGENCIES' NEEDS.
(VIII) maintain a list of contractors which produce or manufacture or
offer for sale environmentally-sensitive cleaning and maintenance
products in the form, function and utility generally used by elementary
and secondary schools in accordance with specifications or guidelines
promulgated pursuant to section four hundred nine-i of the education
law.
[(viii)] (IX) review and consider prior to issuance of bid solicita-
tions the term of the proposed contract based on factors, including, but
not limited to; (A) the nature of the commodity, (B) the complexity of
the procurement, (C) the identity and type of purchasers, (D) the suit-
ability of the contract for adding additional contractors during the
term, and (E) the estimated contract value. This determination shall be
documented in the procurement record.
[(ix)] (X) reasonably consider aggregate amount of public sales by
potential vendors.
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[(x)] (XI) review and consider the feasibility of creating regional
contracts for commodities being procured by the state.
[(xi)] (XII) maintain a procurement record for each centralized
contract procurement identifying, with supporting documentation, deci-
sions made by the commissioner during the procurement process. The
procurement record shall include, but not be limited to, each contract
amendment, and the justification for each.
S 4. This act shall take effect immediately; provided however that the
amendments made to subparagraphs (vii), (viii), (ix), (x) and (xi) of
paragraph b of subdivision 3 of section 163 of the state finance law by
section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.