S T A T E O F N E W Y O R K
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2244--B
Cal. No. 601
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. SANDERS, BAILEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Agriculture --
reported favorably from said committee and committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee, ordered to first report, amended on first report,
ordered to a second report and ordered reprinted, retaining its place
in the order of second report
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05361-04-9
S. 2244--B 2
(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;
(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
S. 2244--B 3
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-
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
S. 2244--B 4
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
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-
S. 2244--B 5
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.
§ 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.
