S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7049--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on   Agriculture   --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the agriculture and markets law, the state finance  law,
   and the economic development law, in relation to procurement of local-
   ly grown farm and food products and codifying the New York state coun-
   cil on food policy
 
   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 "local food, farms, and jobs act".
   §  2.  Section  16  of  the  agriculture and markets law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A. ESTABLISH A NEW YORK STATE COUNCIL ON FOOD POLICY.   THE  PURPOSE
 OF  THE  COUNCIL  SHALL  BE TO FACILITATE THE GROWTH OF A NEW YORK-BASED
 LOCAL FARM AND FOOD PRODUCT ECONOMY THAT  REVITALIZES  RURAL  AND  URBAN
 COMMUNITIES, PROMOTES HEALTHY EATING WITH ACCESS TO FRESH FOODS, CREATES
 JOBS,  ENSURES  A  READILY AVAILABLE SUPPLY OF SAFE FOOD IN AN EMERGENCY
 EVENT, AND SUPPORTS ECONOMIC GROWTH THROUGH MAKING LOCAL  FARM  OR  FOOD
 PRODUCTS AVAILABLE TO ALL NEW YORK CITIZENS.
   (A)  THE  RESPONSIBILITIES  OF  THE COUNCIL SHALL INCLUDE, BUT ARE NOT
 LIMITED TO, THE FOLLOWING:
   (I) TO DEVELOP AND RECOMMEND A FOOD POLICY FOR THE STATE WHICH  RECOG-
 NIZES THAT IT IS IN THE BEST INTERESTS OF THE STATE TO ENSURE THE AVAIL-
 ABILITY  OF  AN ADEQUATE SUPPLY OF AFFORDABLE, FRESH AND NUTRITIOUS FOOD
 TO ITS RESIDENTS;
   (II) TO DEVELOP AND RECOMMEND STATE POLICIES  TO  EXPAND  AGRICULTURAL
 PRODUCTION, INCLUDING LOCALLY-GROWN AND ORGANICALLY-GROWN FOOD;
   (III)  TO DEVELOP AND RECOMMEND A STRATEGIC PLAN FOR IMPLEMENTATION OF
 THE STATE FOOD POLICY, INCLUDING BENCHMARKS AND CRITERIA  FOR  MEASURING
 PROGRESS IN ACHIEVING STATE FOOD POLICY OBJECTIVES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05361-05-9

 A. 7049--A                          2
 
   (IV)  TO  OFFER  COMMENTS ON STATE REGULATIONS, LEGISLATION AND BUDGET
 PROPOSALS IN THE AREA OF  FOOD  POLICY,  TO  ENSURE  A  COORDINATED  AND
 COMPREHENSIVE INTER-AGENCY APPROACH TO FOOD POLICY ISSUES;
   (V)  TO ASSIST STATE AGENCIES, STATE-OWNED FACILITIES, AND OTHER ENTI-
 TIES WITH THE PURCHASE OF LOCAL FARM OR FOOD PRODUCTS AND WITH  TRACKING
 AND  REPORTING  OF SUCH PURCHASES IN ORDER TO MEET THE GOALS ESTABLISHED
 IN THIS SECTION;
   (VI) TO ASSIST LOCAL FARM  AND  FOOD  ENTREPRENEURS  TO  IDENTIFY  AND
 SECURE  NECESSARY RESOURCES AND EQUIPMENT TO BEGIN, MAINTAIN, AND EXPAND
 PROJECTS AND NETWORKS NECESSARY FOR THE DEVELOPMENT  OF  LOCAL  FARM  OR
 FOOD  PRODUCTS;  PROVIDED,  HOWEVER,  THAT  THE  COUNCIL WILL FACILITATE
 PROGRAM START-UPS AND THEN  RELINQUISH  RIGHTS,  BENEFITS,  AND  CONTROL
 WITHIN A REASONABLY SHORT DURATION OF TIME;
   (VII)  TO  FACILITATE THE BUILDING OF INFRASTRUCTURE, INCLUDING AGGRE-
 GATION, PROCESSING,  STORAGE,  PACKAGING,  AND  DISTRIBUTION  FACILITIES
 NECESSARY  TO  MOVE  LOCAL  FARM  OR  FOOD  PRODUCTS  TO LOCAL AND OTHER
 MARKETS;
   (VIII) TO SUPPORT AND EXPAND PROGRAMS THAT RECRUIT, TRAIN, AND PROVIDE
 TECHNICAL ASSISTANCE TO NEW YORK  FARMERS  AND  RESIDENTS  IN  ORDER  TO
 ENCOURAGE THE PRODUCTION OF LOCAL FARM OR FOOD PRODUCTS;
   (IX)  TO  COORDINATE INTERAGENCY POLICIES, INITIATIVES, AND PROCEDURES
 PROMOTING LOCAL FARM AND FOOD PRODUCTS IN NEW YORK COMMUNITIES, BY WORK-
 ING WITH AND INVOLVING STATE, FEDERAL, AND LOCAL AGENCIES,  AS  WELL  AS
 COMMUNITY  BASED  ORGANIZATIONS,  EDUCATIONAL  INSTITUTIONS,  AND  TRADE
 ORGANIZATIONS IN EXECUTING THE PURPOSES OF THIS SECTION;
   (X) TO FACILITATE THE ELIMINATION  OF  LEGAL  BARRIERS  HINDERING  THE
 DEVELOPMENT  OF  A  LOCAL FARM AND FOOD ECONOMY BY WORKING WITH FEDERAL,
 STATE, AND LOCAL PUBLIC HEALTH AGENCIES, OTHER AGENCIES  AND  APPLICABLE
 ENTITIES,  AND  THE  NEW  YORK ATTORNEY GENERAL TO CREATE CONSISTENT AND
 COMPATIBLE REGULATIONS FOR THE PRODUCTION,  STORAGE,  DISTRIBUTION,  AND
 MARKETING OF LOCAL FARM OR FOOD PRODUCTS;
   (XI)  TO  FACILITATE THE USE OF PUBLIC LANDS FOR GROWING LOCAL FARM OR
 FOOD PRODUCTS BY WORKING WITH GOVERNMENTAL ENTITIES AT THE LOCAL, STATE,
 AND FEDERAL LEVELS;
   (XII) TO SET ANNUAL GOALS FOR ALL PURCHASES  OF  LOCAL  FARM  OR  FOOD
 PRODUCTS BY NEW YORK RESIDENTS AND TO MONITOR THE DEVELOPMENT AND EXPAN-
 SION OF A LOCAL FARM AND FOOD ECONOMY THROUGH DATA COLLECTION, TRACKING,
 MEASUREMENT,  ANALYSIS,  AND  REPORTING  ON  PROGRESS  MADE IN AN ANNUAL
 REPORT TO THE LEGISLATURE; AND
   (XIII) TO INITIATE AND FACILITATE PUBLIC AWARENESS CAMPAIGNS ABOUT THE
 ECONOMIC BENEFITS OF A LOCAL FARM AND FOOD ECONOMY.
   (B) (I) THE COUNCIL SHALL CONSIST OF TWENTY VOTING MEMBERS AS FOLLOWS:
 EIGHT MEMBERS WITH EXPERIENCE  AND  EXPERTISE  RELATED  TO  AGRICULTURE,
 NUTRITION OR FOOD POLICY APPOINTED ON THE RECOMMENDATION OF THE LEGISLA-
 TIVE  LEADERS,  THREE  EACH BY THE TEMPORARY PRESIDENT OF THE SENATE AND
 THE SPEAKER OF THE ASSEMBLY, AND ONE EACH BY THE MINORITY LEADER OF  THE
 SENATE,  AND  THE  MINORITY  LEADER OF THE ASSEMBLY; THE DEAN OF THE NEW
 YORK STATE COLLEGE OF AGRICULTURE AND LIFE SCIENCES; AND ELEVEN  MEMBERS
 SHALL BE APPOINTED BY THE GOVERNOR.
   (II)  THE  COUNCIL  SHALL CONSIST OF THE FOLLOWING NON-VOTING MEMBERS:
 THE COMMISSIONER, THE COMMISSIONER OF HEALTH, THE  COMMISSIONER  OF  THE
 OFFICE  OF  TEMPORARY AND DISABILITY ASSISTANCE, THE COMMISSIONER OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES, THE COMMISSIONER  OF  EDUCATION,
 THE COMMISSIONER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, THE DIRECTOR
 OF  THE  OFFICE  FOR  THE  AGING AND THE DIRECTOR OF THE OFFICE OF RURAL
 AFFAIRS; ONE MEMBER REPRESENTING FARM ORGANIZATIONS; ONE MEMBER  REPRES-

 A. 7049--A                          3
 
 ENTING  SCHOOL  FOOD  ADMINISTRATORS; ONE MEMBER REPRESENTING CONSUMERS;
 TWO MEMBERS REPRESENTING AN ORGANIZATION THAT PROVIDES FOOD  ASSISTANCE;
 ONE  MEMBER  REPRESENTING  ANTI-HUNGER  ADVOCATES;  ONE  MEMBER WHO IS A
 NUTRITIONIST;  TWO  MEMBERS  REPRESENTING  THE  FOOD  INDUSTRY,  WHO ARE
 PRODUCERS, DISTRIBUTORS, PROCESSORS OR RETAILERS IN  THE  STATE  OF  NEW
 YORK,  AT  LEAST  ONE  OF WHOM PRODUCES ORGANIC FOOD; FOUR LOCAL FARM OR
 FOOD  PRODUCT  FARMERS  REPRESENTING  DIFFERENT  AGRIBUSINESS   SECTORS,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE DAIRY, MEAT, VEGETABLE, AND GRAIN
 SECTORS; TWO REPRESENTATIVES OF NOT-FOR-PROFIT EDUCATIONAL ORGANIZATIONS
 THAT SPECIALIZE IN SUPPORTING AND EXPANDING LOCAL FARM OR  FOOD  PRODUCT
 NETWORKS;  ONE  CERTIFIER OF SPECIALTY LOCAL FARM OR FOOD PRODUCTS, SUCH
 AS AN ORGANIC, NATURALLY GROWN, BIODYNAMIC, HALAL, OR KOSHER  CERTIFIER;
 ONE  REPRESENTATIVE  FROM  A  PHILANTHROPIC  ORGANIZATION SUPPORTING THE
 DEVELOPMENT OF LOCAL FARM OR  FOOD  PRODUCTS;  TWO  MUNICIPAL  REPRESEN-
 TATIVES  FROM DIFFERENT COMMUNITIES IN THE STATE ACTIVELY ENGAGED IN THE
 DEVELOPMENT OF LOCAL FARM OR FOOD  PRODUCTS;  TWO  REPRESENTATIVES  FROM
 COMMUNITY-BASED  ORGANIZATIONS  FOCUSING ON ACCESS TO LOCAL FARM OR FOOD
 PRODUCTS, INCLUDING AT  LEAST  THREE  MINORITY  MEMBERS;  AND  ONE  CHEF
 SPECIALIZING IN THE PREPARATION OF LOCALLY GROWN FOODS.
   (C)  (I)  THE EIGHT VOTING MEMBERS SELECTED BY THE LEGISLATIVE LEADERS
 SHALL BE APPOINTED TO THREE-YEAR STAGGERED TERMS AS  DETERMINED  BY  THE
 LEGISLATURE. SUCH PERSONS MAY BE NOMINATED BY ORGANIZATIONS REPRESENTING
 THE  SECTORS  OUTLINED  IN PARAGRAPH (B) OF THIS SUBDIVISION.  VACANCIES
 SHALL BE FILLED BY THE LEGISLATIVE LEADERS.
   (II) THE ELEVEN VOTING MEMBERS SELECTED BY THE GOVERNOR AND  THE  DEAN
 OF  THE NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE SCIENCES SHALL BE
 APPOINTED TO THREE-YEAR STAGGERED TERMS AS DETERMINED BY  THE  GOVERNOR.
 SUCH  PERSONS MAY BE NOMINATED BY ORGANIZATIONS REPRESENTING THE SECTORS
 OUTLINED IN PARAGRAPH (B) OF THIS SUBDIVISION. VACANCIES SHALL BE FILLED
 BY THE GOVERNOR.
   (III) THE TWENTY-TWO NON-VOTING, NON-STATE GOVERNMENTAL MEMBERS  SHALL
 BE  APPOINTED  TO THREE-YEAR STAGGERED TERMS AS DETERMINED BY THE GOVER-
 NOR. SUCH PERSONS SHALL BE NOMINATED BY ORGANIZATIONS  REPRESENTING  THE
 SECTORS  OUTLINED  IN PARAGRAPH (B) OF THIS SUBDIVISION. VACANCIES SHALL
 BE FILLED BY THE GOVERNOR.
   (D) THE COUNCIL MAY APPLY FOR AND ESTABLISH  A  NOT-FOR-PROFIT  CORPO-
 RATION.
   (E)  THE  BOARD  OF  DIRECTORS SHALL ELECT ITS PRESIDING OFFICERS FROM
 AMONG ITS MEMBERS AND MAY ELECT OR APPOINT AN EXECUTIVE COMMITTEE, OTHER
 COMMITTEES, AND SUBCOMMITTEES TO CONDUCT THE BUSINESS OF  THE  ORGANIZA-
 TION.
   (F)  THE  COUNCIL  MAY  SOLICIT  GRANTS, LOANS, AND CONTRIBUTIONS FROM
 PUBLIC OR PRIVATE SOURCES AND MAY  ENTER  INTO  ANY  CONTRACTS,  GRANTS,
 LOANS,  OR  AGREEMENTS  WITH RESPECT TO THE USE OF SUCH FUNDS TO EXECUTE
 THE PURPOSES OF THIS SUBDIVISION.
   (G) THE COUNCIL SHALL ISSUE A WRITTEN  REPORT  ON  THE  FIRST  DAY  OF
 DECEMBER  EACH  YEAR  ON:  (I)  THE ACTIVITIES OF THE COUNCIL DURING THE
 PRECEDING YEAR; (II) RECOMMENDED FOOD  POLICIES  FOR  THE  STATE;  (III)
 RECOMMENDED  CHANGES  TO  THE  STRATEGIC  PLAN;  (IV)  AN ACCOUNT OF THE
 PROGRESS MADE IN ACHIEVING THE GOALS OF THE  COUNCIL;  AND  (V)  ACTIONS
 WHICH  ARE NECESSARY TO IMPLEMENT THE RECOMMENDATIONS OF THE COUNCIL AND
 EFFECTUATE ITS PURPOSES.
   (H) SUBJECT TO THE AVAILABILITY OF PUBLIC OR PRIVATE FUNDS, THE  BOARD
 OF  DIRECTORS  MAY EMPLOY AN EXECUTIVE DIRECTOR, TREASURER, OTHER STAFF,
 OR INDEPENDENT CONTRACTORS NECESSARY TO EXECUTE  THE  PURPOSES  OF  THIS

 A. 7049--A                          4

 SUBDIVISION,  AND  IT  MAY  FIX  THE  COMPENSATION, BENEFITS, TERMS, AND
 CONDITIONS OF THOSE PERSONS' EMPLOYMENT.
   (I) THE STATE GOVERNMENTAL AGENCIES REPRESENTED ON THE BOARD OF DIREC-
 TORS  MAY  RE-DIRECT EXISTING STAFF, AS APPROPRIATIONS PERMIT; ASSIST IN
 EXECUTING THE PURPOSES OF THIS SUBDIVISION; AND  PROVIDE  OFFICE  SPACE,
 MEETING  SPACE,  AND OTHER RESEARCH AND COMMUNICATION SERVICES AS APPRO-
 PRIATE.
   (J) NO MEMBER OF THE COUNCIL SHALL BE DISQUALIFIED  FROM  HOLDING  ANY
 PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY SUCH OFFICE
 OR  EMPLOYMENT BY VIRTUE OF HIS OR HER APPOINTMENT HEREUNDER. MEMBERS OF
 THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES  BUT  SHALL
 BE  ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
 ANCE OF THEIR FUNCTIONS HEREUNDER. ALL  MEMBERS  OF  THE  COUNCIL  SHALL
 SERVE  AT  THE PLEASURE OF THE GOVERNOR AND VACANCIES SHALL BE FILLED IN
 THE SAME MANNER AS ORIGINAL APPOINTMENTS.
   § 3. The state finance law is amended by adding a new section 163-c to
 read as follows:
   § 163-C. PROCUREMENT GOALS FOR LOCAL FARM OR FOOD PRODUCTS.  1.    FOR
 THE PURPOSES OF THIS SECTION, "LOCAL FARM OR FOOD PRODUCTS" ARE PRODUCTS
 GROWN,  PROCESSED,  PACKAGED,  AND  DISTRIBUTED  BY NEW YORK CITIZENS OR
 BUSINESSES LOCATED WHOLLY WITHIN THE BORDERS OF NEW YORK STATE.
   2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND  FOOD
 ECONOMIES THROUGHOUT NEW YORK, IT SHALL BE THE GOAL OF THIS STATE THAT:
   (I)  TWENTY  PERCENT  OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY STATE
 AGENCIES AND  STATE-OWNED  FACILITIES,  INCLUDING,  WITHOUT  LIMITATION,
 FACILITIES  FOR  PERSONS  WITH MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
 TIES, CORRECTIONAL FACILITIES, AND PUBLIC UNIVERSITIES,  SHALL,  BY  TWO
 THOUSAND TWENTY, BE LOCAL FARM OR FOOD PRODUCTS; AND
   (II)  FIFTY  PERCENT  OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY STATE
 AGENCIES AND  STATE-OWNED  FACILITIES,  INCLUDING,  WITHOUT  LIMITATION,
 FACILITIES  FOR  PERSONS  WITH MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
 TIES, CORRECTIONAL FACILITIES, AND PUBLIC UNIVERSITIES,  SHALL,  BY  TWO
 THOUSAND TWENTY-FOUR, BE LOCAL FARM OR FOOD PRODUCTS.
   (B)  THE  NEW  YORK  STATE  COUNCIL  ON  FOOD POLICY SHALL SUPPORT AND
 ENCOURAGE THAT TWENTY-FIVE PERCENT OF FOOD AND FOOD  PRODUCTS  PURCHASED
 BY  ENTITIES FUNDED IN PART OR IN WHOLE BY STATE FUNDS, WHICH SPEND MORE
 THAN TWENTY-FIVE THOUSAND DOLLARS PER YEAR ON FOOD OR FOOD PRODUCTS  FOR
 ITS  STUDENTS,  RESIDENTS,  OR  CLIENTS,  INCLUDING, WITHOUT LIMITATION,
 PUBLIC SCHOOLS, CHILD CARE FACILITIES, AFTER-SCHOOL PROGRAMS, AND HOSPI-
 TALS, SHALL, BY TWO THOUSAND TWENTY-ONE, BE LOCAL FARM OR FOOD PRODUCTS.
 THE GOAL SHALL INCREASE TO FORTY PERCENT BY TWO THOUSAND TWENTY-SIX.
   (C) TO MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A STATE CONTRACT
 FOR PURCHASE OF FOOD OR FOOD PRODUCTS IS TO BE  AWARDED  TO  THE  LOWEST
 RESPONSIBLE  BIDDER,  AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE
 CONTRACT THROUGH THE USE OF LOCAL FARM OR FOOD  PRODUCTS  MAY  BE  GIVEN
 PREFERENCE  OVER  OTHER  BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE
 BID OF LOCAL FARM OR FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT  GREATER
 THAN  THE  COST  INCLUDED  IN  A  BID THAT IS NOT FOR LOCAL FARM OR FOOD
 PRODUCTS.
   (D) ALL STATE AGENCIES AND STATE-OWNED FACILITIES THAT  PURCHASE  FOOD
 AND FOOD PRODUCTS SHALL, WITH THE ASSISTANCE OF THE NEW YORK STATE COUN-
 CIL  ON FOOD POLICY, DEVELOP A SYSTEM FOR (I) IDENTIFYING THE PERCENTAGE
 OF LOCAL FARM OR FOOD PRODUCTS PURCHASED FOR FISCAL  YEAR  TWO  THOUSAND
 TWENTY  AS  THE  BASELINE; AND (II) TRACKING AND REPORTING LOCAL FARM OR
 FOOD PRODUCTS PURCHASES ON AN ANNUAL BASIS.

 A. 7049--A                          5
 
   § 4. Section 16 of the agriculture  and  markets  law  is  amended  by
 adding a new subdivision 50 to read as follows:
   50.  ESTABLISH,  AND  MAKE AVAILABLE ON ITS WEBSITE, A GEO-CODED ELEC-
 TRONIC DATABASE TO FACILITATE THE PURCHASE OF  FRESH  PRODUCE  AND  FOOD
 PRODUCTS  BY  SCHOOLS.  THE DATABASE SHALL BE DEVELOPED JOINTLY WITH THE
 NEW YORK STATE COUNCIL ON FOOD POLICY AND, AT  A  MINIMUM,  CONTAIN  THE
 INFORMATION  NECESSARY  FOR (A) SCHOOLS TO IDENTIFY AND CONTACT AGRICUL-
 TURAL PRODUCERS THAT ARE INTERESTED IN SUPPLYING SCHOOLS  IN  THE  STATE
 WITH  FRESH  PRODUCE AND FOOD PRODUCTS AND (B) AGRICULTURAL PRODUCERS OF
 FRESH PRODUCE AND FOOD PRODUCTS TO IDENTIFY SCHOOLS IN  THE  STATE  THAT
 ARE INTERESTED IN PURCHASING THOSE PRODUCTS.
   § 5. Subdivisions 8 and 9 of section 180-a of the economic development
 law, as added by chapter 550 of the laws of 1999, are amended to read as
 follows:
   8.  geographically  balanced  public input and advice from individuals
 and agencies directly involved with the production, processing, manufac-
 turing and storage of agricultural products; and such other  individuals
 and  agencies as may be engaged in state and local activities in support
 of economic development in the agriculture resource industry; [and]
   9. THE ESTABLISHMENT AND PURPOSES OF THE NEW  YORK  STATE  COUNCIL  ON
 FOOD POLICY ESTABLISHED PURSUANT TO SUBDIVISION SIX-A OF SECTION SIXTEEN
 OF THE AGRICULTURE AND MARKETS LAW; AND
   10.  all  things  necessary  or convenient to carry out the functions,
 powers and duties expressly set forth in this article.
   § 6. This act shall take effect immediately.