S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5251
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- 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, in relation to purchasing  on
   the  behalf of a school district or a board of cooperative educational
   services

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 9 of section 103 of the general municipal law,
 as amended by chapter 269 of the laws of 2004, paragraph (a) as  amended
 by chapter 62 of the laws of 2016, is amended to read as follows:
   9.  Notwithstanding  the  foregoing  provisions of this section to the
 contrary, a board of education may, on behalf of its school district, OR
 A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, separately  purchase  eggs,
 livestock,  fish,  dairy  products  (excluding milk), juice, grains, and
 species of fresh fruit and  vegetables  directly  from  New  York  State
 producers or growers, or associations of producers and growers, provided
 that:
   (a)  (i)  such association of producers or growers is comprised of ten
 or fewer owners of farms who  also  operate  such  farms  and  who  have
 combined  to fill the order of a school district OR BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES as herein  authorized,  provided  however,  that  a
 school  district  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES may apply
 to the commissioner of education for  permission  to  purchase  from  an
 association  of more than ten owners of such farms when no other produc-
 ers or growers have offered to sell to such school; or
   (ii) such association of producers or growers is comprised  of  owners
 of farms who also operate such farms and have combined to fill the order
 of  a  school district OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, and
 where such order is for twenty-five thousand dollars or less  as  herein
 authorized,  provided however, that a school district OR BOARD OF EDUCA-
 TIONAL SERVICES may apply to the commissioner of education  for  permis-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10671-01-7

 S. 5251                             2
 
 sion  to  purchase orders of more than twenty-five thousand dollars from
 an association of owners of such farms when no other producers or  grow-
 ers have offered to sell to such school;
   (b)  the  amount that may be expended by a school district OR BOARD OF
 COOPERATIVE EDUCATIONAL 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 total enrollment of
 such school district OR 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 [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;  ensure that the prices paid by a
 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 9-a to read as follows:
   9-A. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  A
 COUNTY  MAY  SEPARATELY  PURCHASE EGGS, LIVESTOCK, FISH, DAIRY PRODUCTS,
 JUICE, GRAINS, AND SPECIES OF FRESH FRUIT AND VEGETABLES  DIRECTLY  FROM
 NEW  YORK  STATE  PRODUCERS OR GROWERS, OR ASSOCIATIONS OF PRODUCERS AND
 GROWERS, PROVIDED THAT:
   (A) SUCH ASSOCIATION OF PRODUCERS OR GROWERS IS COMPRISED  OF  TEN  OR
 FEWER  OWNERS OF FARMS WHO ALSO OPERATE SUCH FARMS AND WHO HAVE COMBINED
 TO FILL THE ORDER OF A COUNTY AS HEREIN  AUTHORIZED,  PROVIDED  HOWEVER,
 THAT  A  COUNTY  MAY  APPLY TO THE COMMISSIONER OF THE OFFICE OF GENERAL
 SERVICES FOR PERMISSION TO PURCHASE FROM AN ASSOCIATION OF MORE THAN TEN
 OWNERS OF SUCH FARMS WHEN NO OTHER PRODUCERS OR GROWERS HAVE OFFERED  TO
 SELL TO SUCH COUNTY;
   (B) THE AMOUNT THAT MAY BE EXPENDED BY A COUNTY IN ANY FISCAL YEAR FOR
 SUCH PURCHASES SHALL NOT EXCEED THE GREATER OF:
   (I)  THE  EXPENDITURE  THRESHOLD  PROVIDED  IN SUBDIVISION ONE OF THIS
 SECTION; OR
   (II) TWENTY CENTS MULTIPLIED BY THE TOTAL POPULATION OF SUCH COUNTY;
   (C) ALL SUCH PURCHASES SHALL BE ADMINISTERED PURSUANT  TO  REGULATIONS
 PROMULGATED  BY  THE  COMMISSIONER OF THE OFFICE OF GENERAL SERVICES AND
 DEVELOPED IN CONSULTATION  WITH  THE  COMMISSIONER  OF  AGRICULTURE  AND
 MARKETS.  SUCH REGULATIONS SHALL ENSURE THAT THE PRICES PAID BY A COUNTY
 FOR ANY ITEMS SO PURCHASED DO NOT EXCEED THE PRICES OF COMPARABLE  LOCAL

 S. 5251                             3
 
 FARM  PRODUCTS  THAT  ARE  AVAILABLE  TO  THE  POLITICAL  SUBDIVISION OR
 DISTRICT THEREIN THROUGH THEIR USUAL PURCHASES OF  SUCH  ITEMS;  INCLUDE
 PROVISIONS FOR SITUATIONS WHEN MORE THAN ONE PRODUCER OR GROWER SEEKS TO
 SELL  THE  SAME PRODUCT TO A COUNTY 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 COUNTY; INCLUDE GUIDELINES FOR
 THE APPROVAL OF PURCHASES OF ITEMS FROM ASSOCIATIONS OF  MORE  THAN  TEN
 GROWERS  OR  PRODUCERS; AND, TO THE MAXIMUM EXTENT PRACTICABLE, MINIMIZE
 ADDITIONAL PAPERWORK, RECORDKEEPING AND OTHER  SIMILAR  REQUIREMENTS  ON
 BOTH GROWERS AND PRODUCERS AND COUNTIES.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5251--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2017
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Local  Government  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general municipal law, in relation to purchasing  on
   the  behalf of a school district or a board of cooperative educational
   services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 9 of section 103 of the general municipal law,
 as amended by chapter 269 of the laws of 2004, paragraph (a) as  amended
 by chapter 62 of the laws of 2016 and subparagraph (ii) of paragraph (a)
 as  amended by section 39 of part YYY of chapter 59 of the laws of 2017,
 is amended to read as follows:
   9. Notwithstanding the foregoing provisions of  this  section  to  the
 contrary, a board of education may, on behalf of its school district, OR
 A  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, separately purchase eggs,
 livestock, fish, dairy products (excluding  milk),  juice,  grains,  and
 species  of  fresh  fruit  and  vegetables  directly from New York State
 producers or growers, or associations of producers and growers, provided
 that:
   (a) (i) such association of producers or growers is comprised  of  ten
 or  fewer  owners  of  farms  who  also  operate such farms and who have
 combined to fill the order of a school district OR BOARD OF  COOPERATIVE
 EDUCATIONAL  SERVICES  as  herein  authorized,  provided however, that a
 school district OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES  may  apply
 to  the  commissioner  of  education  for permission to purchase from an
 association of more than ten owners of such farms when no other  produc-
 ers or growers have offered to sell to such school; or
   (ii)  such  association of producers or growers is comprised of owners
 of farms who also operate such farms and have combined to fill the order
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10671-02-7

 S. 5251--A                          2
 
 of a school district OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  and
 where such order is for fifty thousand dollars or less as herein author-
 ized,  provided  however, that a school district OR BOARD OF COOPERATIVE
 EDUCATIONAL  SERVICES  may  apply  to  the commissioner of education for
 permission to purchase orders of more than fifty thousand  dollars  from
 an  association of owners of such farms when no other producers or grow-
 ers have offered to sell to such school;
   (b) the amount that may be expended by a school district OR  BOARD  OF
 COOPERATIVE  EDUCATIONAL  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 total enrollment  of
 such school district OR 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  [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;  ensure  that  the  prices  paid  by  a
 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 9-a to read as follows:
   9-A.  NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
 COUNTY MAY SEPARATELY PURCHASE EGGS, LIVESTOCK,  FISH,  DAIRY  PRODUCTS,
 JUICE,  GRAINS,  AND SPECIES OF FRESH FRUIT AND VEGETABLES DIRECTLY FROM
 NEW YORK STATE PRODUCERS OR GROWERS, OR ASSOCIATIONS  OF  PRODUCERS  AND
 GROWERS, PROVIDED THAT:
   (A)  SUCH  ASSOCIATION  OF PRODUCERS OR GROWERS IS COMPRISED OF TEN OR
 FEWER OWNERS OF FARMS WHO ALSO OPERATE SUCH FARMS AND WHO HAVE  COMBINED
 TO  FILL  THE  ORDER OF A COUNTY AS HEREIN AUTHORIZED, PROVIDED HOWEVER,
 THAT A COUNTY MAY APPLY TO THE COMMISSIONER OF  THE  OFFICE  OF  GENERAL
 SERVICES FOR PERMISSION TO PURCHASE FROM AN ASSOCIATION OF MORE THAN TEN
 OWNERS  OF SUCH FARMS WHEN NO OTHER PRODUCERS OR GROWERS HAVE OFFERED TO
 SELL TO SUCH COUNTY;
   (B) THE AMOUNT THAT MAY BE EXPENDED BY A COUNTY IN ANY FISCAL YEAR FOR
 SUCH PURCHASES SHALL NOT EXCEED THE GREATER OF:
   (I) THE EXPENDITURE THRESHOLD PROVIDED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION; OR
   (II) TWENTY CENTS MULTIPLIED BY THE TOTAL POPULATION OF SUCH COUNTY;

 S. 5251--A                          3
 
   (C)  ALL  SUCH PURCHASES SHALL BE ADMINISTERED PURSUANT TO REGULATIONS
 PROMULGATED BY THE COMMISSIONER OF THE OFFICE OF  GENERAL  SERVICES  AND
 DEVELOPED  IN  CONSULTATION  WITH  THE  COMMISSIONER  OF AGRICULTURE AND
 MARKETS. SUCH REGULATIONS SHALL ENSURE THAT THE PRICES PAID BY A  COUNTY
 FOR  ANY ITEMS SO PURCHASED DO NOT EXCEED THE PRICES OF COMPARABLE LOCAL
 FARM PRODUCTS  THAT  ARE  AVAILABLE  TO  THE  POLITICAL  SUBDIVISION  OR
 DISTRICT  THEREIN  THROUGH  THEIR USUAL PURCHASES OF SUCH ITEMS; INCLUDE
 PROVISIONS FOR SITUATIONS WHEN MORE THAN ONE PRODUCER OR GROWER SEEKS TO
 SELL THE SAME PRODUCT TO A COUNTY 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 COUNTY;  INCLUDE  GUIDELINES  FOR
 THE  APPROVAL  OF  PURCHASES OF ITEMS FROM ASSOCIATIONS OF MORE THAN TEN
 GROWERS OR PRODUCERS; AND, TO THE MAXIMUM EXTENT  PRACTICABLE,  MINIMIZE
 ADDITIONAL  PAPERWORK,  RECORDKEEPING  AND OTHER SIMILAR REQUIREMENTS ON
 BOTH GROWERS AND PRODUCERS AND COUNTIES.
   § 3. This act shall take effect immediately.