S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3974
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  HELMING, MAY, RITCHIE -- 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.
              

                                                            LBD06929-01-1

 S. 3974                             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 to be made by the
 commissioner of the department of agriculture and markets  in  consulta-
 tion  with  the commissioner of the department of education on or before
 such effective date.