S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    252
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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  facilitating
   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
 district or board of cooperative educational services for any  items  so
 purchased  do  not  exceed  the prices of comparable local farm products
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03672-02-9

 S. 252                              2
 
 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.    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 agriculture and markets in
 consultation with the commissioner of the department of education on  or
 before such effective date.