NY State Senate Bill 2017-S1430A

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2018	print number 1430a
Feb 23, 2018	amend and recommit to local government
Jan 03, 2018	referred to local government returned to senate died in assembly
Mar 22, 2017	referred to local governments
Mar 21, 2017	delivered to assembly passed senate ordered to third reading cal.445 committee discharged and committed to rules
Jan 09, 2017	referred to local government

Votes

- Mar 21, 2017 - Floor Vote
  S1430A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
  Mar 21, 2017 - Rules Committee Vote
  S1430A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Mar 21, 2017
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S1430 - Details

See Assembly Version of this Bill:: A7011
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S252, A6733
2021-2022: S3974, A7482
2023-2024: A2959

2017-S1430 - Summary

Permits school districts to favor locally sourced goods.

2017-S1430 - Sponsor Memo

                                 BILL NUMBER:  S1430

 TITLE OF BILL :

An act to amend the general municipal law to facilitate school
districts in purchasing local agricultural products

 PURPOSE :

By removing certain limitations imposed by the General Municipal Law,
this bill will help schools that wish to integrate a variety of local
agricultural products in to their food services be able to do so.

 SUMMARY OF PROVISIONS :

The cap on limited local purchasing imposed by Article 5-A of the
General Municipal Law, section 103, subdivision 9, paragraph b will be
removed in its entirety. That article and section of the General
Municipal Law will also have a new subdivision added, 16. That
subdivision would allow a Board of Education to include language in an
offer for bids favoring local or regional procurement if certain
standards were met.

 JUSTIFICATION :

Allowing schools to put a regional preference in to their bid requests

would financially benefit local agricultural producers and
distributors with little risk of state expense.  Expanding the market
for local produce might also create new markets for New York's
hardworking farmers by encouraging larger distributors to invest in
their connections with smaller regional producers. This could help
co-ops or farms without the resources to independently participate in
a bidding process to access local school procurement programs. In
addition, students would benefit from what could potentially be a
wider variety of fresher fruits, vegetables and other farm products.

The major impediment to schools that wish to put out bids for a range
of local agricultural products is section 103 of the General Municipal
Law ("GML"). Comptroller's Opinions 91-52 and 92-50 have interpreted
the GML to allow local preferences to be included in bid offers in
certain conditions. This bill follows the language used by those
opinions and makes them, subject to restrictions, explicitly
applicable to offers for bids made by a board of education. This will
be done in such as way as to keep the protections the GML affords to
public funds intact.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
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 by the commissioner of the department of
agriculture and markets in consultation with the commissioner of the
department of education on or before such effective date.

2017-S1430 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1430
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law to facilitate school districts
   in purchasing local agricultural products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (b) and (c) of subdivision 9 of section 103 of
 the general municipal law, as amended by chapter  269  of  the  laws  of
 2004, are amended to read as follows:
   (b)  [the  amount  that  may  be  expended by a school district in any
 fiscal year for such purchases shall not exceed an amount equal to twen-
 ty cents multiplied by the total number  of  days  in  the  school  year
 multiplied by the total enrollment of such school district;
   (c)]  all such purchases shall be administered pursuant to regulations
 promulgated by the commissioner of education. Such regulations shall: be
 developed in consultation  with  the  commissioner  of  agriculture  and
 markets  to accommodate and promote the provisions of the farm-to-school
 program established  pursuant  to  subdivision  five-b  of  the  section
 sixteen of the agriculture and markets law and subdivision thirty-one of
 section  three hundred five of the education law as added by chapter two
 of the laws of two thousand [two] ONE; ensure that the prices paid by  a
 district for any items so purchased do not exceed the prices of compara-
 ble  local  farm  products that are available to districts through their
 usual purchases of such items; ensure that all producers and growers who
 desire to sell to school districts can  readily  access  information  in
 accordance  with  the  farm-to-school  law; include provisions for situ-
 ations when more than one producer or grower  seeks  to  sell  the  same
 product  to a district to ensure that all such producers or growers have
 an equitable opportunity to do so in  a  manner  similar  to  the  usual
 purchasing  practices of such districts; develop guidelines for approval
 of purchases of items from associations of more  than  ten  growers  and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06734-01-7

 S. 1430                             2
 
 producers;  and,  to the maximum extent practicable, minimize additional
 paperwork, recordkeeping and other similar requirements on both  growers
 and producers and school districts.
   §  2.  Section 103 of the general municipal law is amended by adding a
 new subdivision 17 to read as follows:
   17. (A) WHEN A BOARD OF EDUCATION, ON BEHALF OF  A  SCHOOL  OR  SCHOOL
 DISTRICT, ADVERTISES AN OFFER FOR BIDS, IT MAY INCLUDE IN ITS SPECIFICA-
 TIONS LANGUAGE FAVORING LOCAL OR REGIONAL PROCUREMENT WHERE PROXIMITY TO
 THE  OFFEROR IS REASONABLY RELATED TO THE PERFORMANCE OF THE SERVICES OR
 THE PROVISION OF THE GOODS, INCLUDING THE  TYPE  OR  QUALITY  OF  GOODS,
 BEING SOUGHT.
   (B)  UPON A DETERMINATION BY THE BOARD OF EDUCATION ADVERTISING SUCH A
 BID THAT THE GOODS OR SERVICES INCLUDED IN SUCH AN OFFER ARE NOT  AVAIL-
 ABLE  LOCALLY  OR  REGIONALLY,  ANY LANGUAGE SPECIFYING PROXIMITY TO THE
 OFFEROR SHALL BE WAIVED UNTIL  THE  NEXT  CONTRACT  FOR  SUCH  GOODS  OR
 SERVICES IS LET OUT FOR BID.
   (C) IN THE EVENT THAT A BOARD OF EDUCATION RECEIVES NO ACCEPTABLE BIDS
 IT  MAY WAIVE THE LANGUAGE SPECIFYING PROXIMITY TO THE OFFEROR AND SHALL
 AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES.
   § 3. 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 by the commissioner of the department  of  agri-
 culture and markets in consultation with the commissioner of the depart-
 ment of education on or before such effective date.

co-Sponsors

2017-S1430A (ACTIVE) - Details

See Assembly Version of this Bill:: A7011
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S252, A6733
2021-2022: S3974, A7482
2023-2024: A2959

2017-S1430A (ACTIVE) - Summary

Permits school districts to favor locally sourced goods.

2017-S1430A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1430A

SPONSOR: RITCHIE
 
TITLE OF BILL:  An act to amend the general municipal law to facili-
tate school districts in purchasing local agricultural products

 
PURPOSE:

By removing certain limitations imposed by the General Municipal Law,
this bill will help schools that wish to integrate a variety of local
agricultural products in to their food services be able to do so.

 
SUMMARY OF PROVISIONS:

The cap on limited local purchasing imposed by Article 5-A of the Gener-
al Municipal Law, section 103, subdivision 9, paragraph b will be
removed in its entirety. That article and section of the General Munici-
pal Law will also have a new subdivision added, 16. That subdivision
would allow a Board of Education to include language in an offer for
bids favoring local or regional procurement if certain standards were
met.

 
JUSTIFICATION:

Allowing schools to put a regional preference in to their bid requests
would financially benefit local agricultural producers and distributors
with little risk of state expense.  Expanding the market for local
produce might also create new markets for New York's hardworking farmers
by encouraging larger distributors to invest in their connections with
smaller regional producers. This could help co-ops or farms without the
resources to independently participate in a bidding process to access
local school procurement programs. In addition, students would benefit
from what could potentially be a wider variety of fresher fruits, vege-
tables and other farm products.

The major impediment to schools that wish to put out bids for a range of
local agricultural products is section 103 of the General Municipal Law
("GML"). Comptroller's Opinions 91-52 and 92-50 have interpreted the GML
to allow local preferences to be included in bid offers in certain
conditions. This bill follows the language used by those opinions and
makes them, subject to restrictions, explicitly applicable to offers for
bids made by a board of education. This will be done in such as way as
to keep the protections the GML affords to public funds intact.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
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 by the commissioner of the department of agriculture
and markets in consultation with the commissioner of the department of
education on or before such effective date.

2017-S1430A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1430--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by Sens. RITCHIE, KENNEDY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local  Government
   -- recommitted to the Committee on Local Government in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general municipal law to facilitate school districts
   in purchasing local agricultural products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (b), (b-1) and (c) of subdivision 9 of section
 103 of the general municipal law, paragraphs (b) and (c) as amended  and
 paragraph  (b-1) as added by chapter 90 of the laws of 2017, are amended
 to read as follows:
   (b) [the amount that may be expended  by  a  school  district  in  any
 fiscal year for such purchases shall not exceed an amount equal to twen-
 ty  cents  multiplied  by  the  total  number of days in the school year
 multiplied by the total enrollment of such school district;
   (b-1) the amount that may be expended by a board of cooperative educa-
 tional services in any fiscal year for such purchases shall  not  exceed
 an  amount  equal to twenty cents multiplied by the total number of days
 in the school year  multiplied  by  the  number  of  students  receiving
 services by such board of cooperative educational services at facilities
 operated by a board of cooperative educational services;
   (c)]  all such purchases shall be administered pursuant to regulations
 promulgated by the commissioner of education. Such regulations shall: be
 developed in consultation  with  the  commissioner  of  agriculture  and
 markets  to accommodate and promote the provisions of the farm-to-school
 program established pursuant to subdivision five-b of section sixteen of
 the agriculture and markets law and subdivision  thirty-one  of  section
 three  hundred  five of the education law as added by chapter two of the
 laws of two thousand [two]  ONE;  ensure  that  the  prices  paid  by  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06734-02-8

 S. 1430--A                          2
 
 district  or  board of cooperative educational services for any items so
 purchased do not exceed the prices of  comparable  local  farm  products
 that  are  available  to districts through their usual purchases of such
 items;  ensure  that  all  producers  and  growers who desire to sell to
 school districts or boards of cooperative educational services can read-
 ily access  information  in  accordance  with  the  farm-to-school  law;
 include  provisions for situations when more than one producer or grower
 seeks to sell the same product to a district  or  board  of  cooperative
 educational  services  to ensure that all such producers or growers have
 an equitable opportunity to do so in  a  manner  similar  to  the  usual
 purchasing  practices  of such districts or boards of cooperative educa-
 tional services; develop guidelines for approval of purchases  of  items
 from  associations  of  more than ten growers and producers; and, to the
 maximum extent practicable, minimize additional paperwork, recordkeeping
 and other similar requirements on both growers and producers and  school
 districts.
   §  2.  Section 103 of the general municipal law is amended by adding a
 new subdivision 17 to read as follows:
   17. (A) WHEN A BOARD OF EDUCATION, ON BEHALF OF  A  SCHOOL  OR  SCHOOL
 DISTRICT, ADVERTISES AN OFFER FOR BIDS, IT MAY INCLUDE IN ITS SPECIFICA-
 TIONS LANGUAGE FAVORING LOCAL OR REGIONAL PROCUREMENT WHERE PROXIMITY TO
 THE  OFFEROR IS REASONABLY RELATED TO THE PERFORMANCE OF THE SERVICES OR
 THE PROVISION OF THE GOODS, INCLUDING THE  TYPE  OR  QUALITY  OF  GOODS,
 BEING SOUGHT.
   (B)  UPON A DETERMINATION BY THE BOARD OF EDUCATION ADVERTISING SUCH A
 BID THAT THE GOODS OR SERVICES INCLUDED IN SUCH AN OFFER ARE NOT  AVAIL-
 ABLE  LOCALLY  OR  REGIONALLY,  ANY LANGUAGE SPECIFYING PROXIMITY TO THE
 OFFEROR SHALL BE WAIVED UNTIL  THE  NEXT  CONTRACT  FOR  SUCH  GOODS  OR
 SERVICES IS LET OUT FOR BID.
   (C) IN THE EVENT THAT A BOARD OF EDUCATION RECEIVES NO ACCEPTABLE BIDS
 IT  MAY WAIVE THE LANGUAGE SPECIFYING PROXIMITY TO THE OFFEROR AND SHALL
 AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES.
   § 3. 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 are authorized
 and directed to be made by the commissioner of the department  of  agri-
 culture and markets in consultation with the commissioner of the depart-
 ment of education on or before such effective date.

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Senate Bill S1430A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Mar 21, 2017 - Floor Vote

Floor Vote: Mar 21, 2017

Mar 21, 2017 - Rules Committee Vote

Rules Committee Vote: Mar 21, 2017

Bill Amendments

co-Sponsors

2017-S1430 - Details

2017-S1430 - Summary

2017-S1430 - Sponsor Memo

2017-S1430 - Bill Text download pdf

co-Sponsors

2017-S1430A (ACTIVE) - Details

2017-S1430A (ACTIVE) - Summary

2017-S1430A (ACTIVE) - Sponsor Memo

2017-S1430A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1430A

Share this bill

Sponsored By

Patty Ritchie

Archive: Last Bill Status - In Senate Committee Local Government Committee

Bill Amendments

co-Sponsors

Timothy M. Kennedy

2017-S1430 - Details

2017-S1430 - Summary

2017-S1430 - Sponsor Memo

2017-S1430 - Bill Text download pdf

co-Sponsors

Timothy M. Kennedy

2017-S1430A (ACTIVE) - Details

2017-S1430A (ACTIVE) - Summary

2017-S1430A (ACTIVE) - Sponsor Memo

2017-S1430A (ACTIVE) - Bill Text download pdf

Comments