S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3918
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2017
                                ___________
 
 Introduced  by  Sens.  RITCHIE,  AVELLA, BONACIC, DeFRANCISCO, GALLIVAN,
   LARKIN, MARCHIONE, ORTT, RANZENHOFER, SEWARD -- 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".
   §  2.  The opening paragraph of paragraph a, paragraphs b, c, subpara-
 graph (i) of paragraph f and paragraph h of subdivision 4 of section 165
 of the state finance law, the opening paragraph of paragraph a, subpara-
 graph (i) of paragraph f and paragraph h as amended by  chapter  533  of
 the  laws  of  2013, and paragraphs b and c as amended by chapter 137 of
 the laws of 2008, are amended to read as follows:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05545-01-7

 S. 3918                             2
 
 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
 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.]
   (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] require-
 ments 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.
   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] 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. 3918                             3
 
   § 3. The agriculture and markets  law  is  amended  by  adding  a  new
 section 5-a to read as follows:
   §  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.
   § 4. This act shall take effect on the first of April  next succeeding
 the date on which it shall have become a law.