S T A T E O F N E W Y O R K
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6808--A
2021-2022 Regular Sessions
I N S E N A T E
May 18, 2021
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Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
-- recommitted to the Committee on Procurement and Contracts in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the state finance law, in relation to establishing
procurement goals for the purchase of New York state food products by
state agencies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
163-c to read as follows:
§ 163-C. PROCUREMENT GOALS FOR NEW YORK STATE FOOD PRODUCTS. 1. DEFI-
NITION. FOR THE PURPOSES OF THIS SECTION, THE TERM "NEW YORK STATE FOOD
PRODUCT" SHALL MEAN A FOOD ITEM THAT IS:
(A) GROWN, HARVESTED, OR PRODUCED IN THIS STATE; OR
(B) PROCESSED INSIDE OR OUTSIDE THIS STATE COMPRISING OVER FIFTY-ONE
PERCENT AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS
STATE, BY WEIGHT OR VOLUME.
2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL FARM AND FOOD
ECONOMIES THROUGHOUT NEW YORK, ALL STATE AGENCIES ANNUALLY SPENDING AN
AMOUNT EXCEEDING FIFTY THOUSAND DOLLARS ON FOOD OR FOOD PRODUCTS SHALL
SET PERCENTAGE GOALS FOR NEW YORK STATE FOOD PRODUCTS PURCHASED YEARLY
AND IF A STATE AGENCY SPENDS AN AMOUNT GREATER THAN OR EQUAL TO TWO
MILLION DOLLARS ANNUALLY ON FOOD OR FOOD PRODUCTS THEN: IN THE FIRST
AND SECOND YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AT LEAST
FIFTEEN PERCENT OF ALL FOOD AND FOOD PRODUCTS PURCHASED BY SUCH STATE
AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; IN THE THIRD YEAR AFTER
THE EFFECTIVE DATE OF THIS SECTION, AT LEAST TWENTY PERCENT OF ALL FOOD
AND FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11264-04-2
S. 6808--A 2
FOOD PRODUCTS; AND IN THE FOURTH YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION AND THEREAFTER, AT LEAST TWENTY-FIVE PERCENT OF ALL FOOD AND
FOOD PRODUCTS PURCHASED BY SUCH STATE AGENCY SHALL BE NEW YORK STATE
FOOD PRODUCTS.
(B) TO MEET THE GOAL SET FORTH IN THIS SUBDIVISION, WHEN A STATE AGEN-
CY'S CONTRACT FOR THE 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 NEW YORK STATE FOOD PRODUCTS MAY
BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED
IN THE BID OF NEW YORK STATE FOOD PRODUCTS IS NOT MORE THAN TEN PERCENT
GREATER THAN THE COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE
FOOD PRODUCTS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
CONTRACTING STATE AGENCY PURCHASING FOOD OR FOOD PRODUCTS, IN HIS OR HER
SOLE DISCRETION, DETERMINES THAT: (A) PURCHASING NEW YORK STATE FOOD OR
FOOD PRODUCTS PURSUANT TO THE PROVISIONS IN SUBDIVISION ONE OF THIS
SECTION WOULD BE AGAINST THE PUBLIC INTEREST; (B) PURCHASING NEW YORK
STATE FOOD OR FOOD PRODUCTS WOULD INCREASE THE COST OF THE CONTRACT BY
AN UNREASONABLE AMOUNT; (C) NEW YORK STATE FOOD PRODUCTS CANNOT BE
OBTAINED IN SUFFICIENT AND REASONABLE AVAILABLE QUANTITIES AND OF SATIS-
FACTORY QUALITY TO MEET THE CONTRACTING STATE AGENCY'S REQUIREMENTS; OR
(D) PURCHASING FOOD OR FOOD PRODUCTS GROWN, HARVESTED, OR PRODUCED
OUTSIDE OF THIS STATE, OR FOOD PROCESSED IN FACILITIES INSIDE OR OUTSIDE
OF THIS STATE COMPRISING LESS THAN FIFTY-ONE PERCENT AGRICULTURAL RAW
MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR
VOLUME, IS NECESSARY TO AVOID A DELAY IN THE DELIVERY OF FOOD OR FOOD
PRODUCTS.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH OR
OTHERWISE LIMIT THE GOALS AND REQUIREMENTS SET FORTH BY SECTION ONE
HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW AND ARTICLES FIFTEEN-A AND
SEVENTEEN-B OF THE EXECUTIVE LAW. ANY CONTRACTS MEETING THE GOALS AND
REQUIREMENTS SET FORTH BY THIS SECTION, IN ADDITION TO REQUIREMENTS SET
FORTH BY SECTION ONE HUNDRED SIXTY-TWO OF THE STATE FINANCE LAW AND/OR
ARTICLES FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNT-
ED TOWARD ALL APPLICABLE GOALS AND REQUIREMENTS IT MAY SATISFY.
5. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF AGRICUL-
TURE AND MARKETS SHALL PERIODICALLY, BUT NO LATER THAN EVERY THREE
YEARS, REVIEW THE NEW YORK STATE FOOD AND FOOD PRODUCT GOALS AND
REQUIREMENTS SET FORTH BY SUBDIVISION TWO OF THIS SECTION, AND SHALL
ISSUE A JOINT RECOMMENDATION SUGGESTING ANY CHANGES IN SUCH GOALS AND
REQUIREMENTS DEEMED NECESSARY. SUCH RECOMMENDATION SHALL BE SUBMITTED TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY.
§ 2. Paragraph g of subdivision 4 of section 165 of the state finance
law, as amended by chapter 533 of the laws of 2013, is amended to read
as follows:
g. No later than December first of each year the commissioner shall
annually report to the governor and legislature on the implementation of
this subdivision. Such report shall include, at minimum:
(i) a description of the office's efforts to improve and increase the
tracking of information relating to New York state food procured by
agencies; [and]
(ii) the information collected pursuant to paragraph f of this subdi-
vision, compiled to provide the following, disaggregated by food product
and processed food:
S. 6808--A 3
(a) the total dollar value of New York state food products procured by
agencies;
(b) the total dollar value of food products from outside of New York
state procured by agencies during their listed New York state availabil-
ity periods; and
(c) the total dollar value of all other food products from outside of
New York state and processed food from facilities outside of New York
state; AND
(III) AN ANNUAL SUMMARY DETAILING EACH STATE AGENCY CONTRACT MADE
WHICH SATISFIES THE NEW YORK STATE FOOD PRODUCT PROCUREMENT GOALS AND
REQUIREMENTS AS SET FORTH BY SECTION ONE HUNDRED SIXTY-THREE-C OF THIS
ARTICLE, DISAGGREGATED BY CONTRACTING AGENCY, TO INCLUDE THE FOLLOWING
INFORMATION:
(A) THE TOTAL DOLLAR VALUE OF ALL FOOD OR FOOD PRODUCTS PURCHASED IN
EACH CONTRACT;
(B) THE TOTAL DOLLAR VALUE OF NEW YORK STATE FOOD OR FOOD PRODUCTS
PURCHASED IN EACH CONTRACT;
(C) THE TOTAL DOLLAR VALUE OF FOOD OR FOOD PRODUCTS FROM OUTSIDE OF
NEW YORK STATE AND FOOD PROCESSED FROM FACILITIES INSIDE OR OUTSIDE OF
NEW YORK STATE COMPRISING LESS THAN FIFTY-ONE PERCENT OF AGRICULTURAL
RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR
VOLUME PURCHASED IN EACH CONTRACT;
(D) THE AGENCY'S ANNUAL AGGREGATE PERCENTAGE OF FOOD OR FOOD PRODUCTS
PURCHASED; AND
(E) AN ENUMERATION OF ALL CONTRACTS ENTERED INTO IN WHICH THE HEAD OF
THE CONTRACTING STATE AGENCY APPLIED ONE OF THE EXCEPTIONS PURSUANT TO
SUBDIVISION THREE OF SECTION ONE HUNDRED AND SIXTY-THREE-A OF THIS ARTI-
CLE IN THE AWARDING OF A BID; AND THE TOTAL DOLLAR AMOUNT OF FOOD OR
FOOD PRODUCTS FROM OUTSIDE OF NEW YORK STATE AND FOOD PROCESSED FROM
FACILITIES INSIDE OR OUTSIDE OF NEW YORK STATE COMPRISING LESS THAN
FIFTY-ONE PERCENT OF AGRICULTURAL RAW MATERIALS GROWN, HARVESTED, OR
PRODUCED IN THIS STATE, PURCHASED IN SUCH CONTRACTS.
§ 3. This act shall take effect one year after it shall have become a
law; provided, however, that section two of this act shall take effect
two years after it shall have become a law.
