S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8580
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to  the  awarding
   of certain purchase contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 103 of the general municipal  law,
 as  amended by section 1 of chapter 2 of the laws of 2012, is amended to
 read as follows:
   1. (A) Except as otherwise expressly provided by an act of the  legis-
 lature  or  by  a  local  law adopted prior to September first, nineteen
 hundred fifty-three, all contracts for public work involving an expendi-
 ture  of  more  than  thirty-five  thousand  dollars  and  all  purchase
 contracts involving an expenditure of more than twenty thousand dollars,
 shall  be awarded by the appropriate officer, board or agency of a poli-
 tical subdivision or of any district therein including but  not  limited
 to  a  soil  conservation  district  to  the  lowest  responsible bidder
 furnishing the required security after advertisement for sealed bids  in
 the  manner  provided  by this section, provided, however, that purchase
 contracts (including contracts  for  service  work,  but  excluding  any
 purchase  contracts  necessary  for  the  completion  of  a public works
 contract pursuant to article eight of the labor law) may be  awarded  on
 the  basis  of best value, as defined in section one hundred sixty-three
 of the state finance law, to a  responsive  and  responsible  bidder  or
 offerer  in  the  manner provided by this section except that in a poli-
 tical subdivision other than a city with a  population  of  one  million
 inhabitants  or  more or any district, board or agency with jurisdiction
 exclusively therein the use  of  best  value  for  awarding  a  purchase
 contract  or  purchase  contracts must be authorized by local law or, in
 the case of a district corporation, school district or board of  cooper-
 ative educational services, by rule, regulation or resolution adopted at
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11795-08-1
              

 A. 8580                             2
 
 a  public  meeting,  PROVIDED  FURTHER, HOWEVER, THAT PURCHASE CONTRACTS
 (INCLUDING CONTRACTS  FOR  SERVICE  WORK,  BUT  EXCLUDING  ANY  PURCHASE
 CONTRACTS NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
 ANT  TO  ARTICLE  EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
 QUALIFIED BIDDER WHO FULFILLS ONE OR MORE OF THE VALUES  BASED  PROCURE-
 MENT  STANDARDS  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION AND THE
 CONTRACT MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS  PROVIDED,  HOWEVER,
 THAT  THE  COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER
 THAN THE COST INCLUDED IN A BID BY THE  LOWEST  RESPONSIBLE  BIDDER  AND
 PROVIDED FURTHER THAT THE BIDDER PROVIDES ALL RELEVANT SUPPLY CHAIN DATA
 IN ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY, UPDATED ANNUALLY
 AND  UPON  CHANGES,  AND  THAT  THE APPROPRIATE OFFICER, BOARD OR AGENCY
 SHALL MAKE THIS DATA PUBLICLY AVAILABLE WITHOUT THE NEED FOR  A  FREEDOM
 OF  INFORMATION  LAW REQUEST, EXCEPTING DATA PROHIBITED BY STATE LAW. In
 any case where a responsible bidder's  or  responsible  offerer's  gross
 price  is  reducible  by  an  allowance for the value of used machinery,
 equipment, apparatus or tools to be traded in by  a  political  subdivi-
 sion,  the gross price shall be reduced by the amount of such allowance,
 for the purpose of determining the best value.   In cases where  two  or
 more responsible bidders furnishing the required security submit identi-
 cal  bids  as  to  price,  such  officer,  board or agency may award the
 contract to any of such bidders. Such officer, board or agency  may,  in
 his  or her or its discretion, reject all bids or offers and readvertise
 for new bids or offers in the manner provided by this section. In deter-
 mining whether a purchase is an  expenditure  within  the  discretionary
 threshold amounts established by this subdivision, the officer, board or
 agency  of  a  political  subdivision  or  of any district therein shall
 consider the reasonably expected aggregate amount of  all  purchases  of
 the  same  commodities,  services  or  technology  to be made within the
 twelve-month period commencing on the date of purchase.    Purchases  of
 commodities,  services  or  technology shall not be artificially divided
 for the purpose of satisfying the discretionary buying thresholds estab-
 lished by this subdivision. A change to or a renewal of a  discretionary
 purchase shall not be permitted if the change or renewal would bring the
 reasonably  expected  aggregate  amount  of  all  purchases  of the same
 commodities, services or technology from the same  provider  within  the
 twelve-month  period  commencing on the date of the first purchase to an
 amount greater than  the  discretionary  buying  threshold  amount.  For
 purposes  of  this  section,  "sealed bids" and "sealed offers", as that
 term applies to purchase contracts,  (including  contracts  for  service
 work,  but excluding any purchase contracts necessary for the completion
 of a public works contract pursuant to article eight of the  labor  law)
 shall  include bids and offers submitted in an electronic format includ-
 ing submission of the statement of non-collusion required by section one
 hundred three-d of this article, provided that the  governing  board  of
 the political subdivision or district, by resolution, has authorized the
 receipt  of  bids  and  offers  in such format. Submission in electronic
 format may, for technology contracts only, be required as the sole meth-
 od for the submission of bids and offers. Bids and offers  submitted  in
 an electronic format shall be transmitted by bidders and offerers to the
 receiving  device  designated  by the political subdivision or district.
 Any method used to receive electronic bids and offers shall comply  with
 article three of the state technology law, and any rules and regulations
 promulgated  and guidelines developed thereunder and, at a minimum, must
 [(a)] (I) document the time and date of receipt of each  bid  and  offer
 received  electronically;  [(b)]  (II)  authenticate the identity of the
 A. 8580                             3
 
 sender; [(c)] (III) ensure the security of the information  transmitted;
 and  [(d)] (IV) ensure the confidentiality of the bid or offer until the
 time and date established for the opening of bids or offers. The  timely
 submission of an electronic bid or offer in compliance with instructions
 provided  for  such  submission  in the advertisement for bids or offers
 and/or the specifications shall be the  responsibility  solely  of  each
 bidder  or offerer or prospective bidder or offerer. No political subdi-
 vision or district therein shall incur any liability from delays  of  or
 interruptions  in the receiving device designated for the submission and
 receipt of electronic bids and offers.
   (B) SUPPLIER DATA SHALL BE SUBMITTED AT THE TIME OF BID, TO  THE  BEST
 OF  THE BIDDER'S ABILITY, UPDATED AT POINT OF CONTRACT, AND THEN UPDATED
 ANNUALLY AND UPON CHANGES. ANY CONTRACTOR SHALL SUBMIT UPDATED  SUPPLIER
 DATA.  SUCH  DATA  REQUIRED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE THE
 NAME AND ADDRESS  OF  EACH    SUPPLIER,  DISTRIBUTOR,  PROCESSOR,    AND
 PRODUCER  INVOLVED IN THE PROVISION OF THE PRODUCTS THAT THE BIDDER WILL
 SUPPLY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION,  "VALUES  BASED  PROCUREMENT
 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
   (I)  LOCAL  ECONOMIES.  PREFERENCE SHALL BE GIVEN TO NEW YORK STATE OR
 REGIONAL SUPPLIERS THAT ARE SOURCING FOOD PRODUCTS  IN  WHICH  FIFTY-ONE
 PERCENT  OF  THE  RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED,
 PROCESSED AND MANUFACTURED FROM WITHIN THE STATE OR REGION  (WITHIN  TWO
 HUNDRED  FIFTY  MILES  FOR  PRODUCE  AND  FIVE  HUNDRED MILES FOR ANIMAL
 PRODUCTS); OR
   (II)  ENVIRONMENTAL  SUSTAINABILITY.  PREFERENCE  SHALL  BE  GIVEN  TO
 PRODUCERS  THAT  ADOPT PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH
 AND INCREASED CARBON SEQUESTRATION AND STORAGE,  AND  THAT  ACHIEVE  NET
 SHORT-TERM  AND  LONG-TERM GREENHOUSE GAS BENEFITS. SUCH PRACTICES SHALL
 INCLUDE THOSE RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
 NATURAL RESOURCES CONSERVATION SERVICE OR THEIR EQUIVALENT, THAT WILL:
   (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC  PESTICIDES  AND
 FERTILIZERS  THROUGH  USE  OF  PRECISION  AGRICULTURE,  INTEGRATED  PEST
 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
   (B) AVOID THE MISUSE OR ROUTINE USE OF  HORMONES  OR  ANTIBIOTICS  FOR
 GROWTH PROMOTION OR ONGOING DISEASE PREVENTION;
   (C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
 TICES,  INCLUDING  BUT  NOT  LIMITED  TO  PLANTING COVER CROPS, ADOPTING
 NO-TILL AND REDUCED TILLAGE, INCREASING CROP  ROTATIONS  AND  INTERCROP-
 PING,  AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
 ENCE OF SOILS;
   (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
   (E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND AVOID  CONTRIB-
 UTING TO DETERIORATION OF LOCAL AIR QUALITY;
   (F)  REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
 USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT  OF
 AGRICULTURAL WASTE, AND MANURE MANAGEMENT; AND
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III)  RACIAL EQUITY. PREFERENCE SHALL BE GIVEN TO MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECU-
 TIVE LAW.
   (IV) VALUED WORKFORCE. IN ORDER TO  AVOID  LABOR  UNREST  AND  THEREBY
 SECURE  BEST VALUE, PREFERENCE SHALL BE GIVEN TO SUPPLIERS WHO:  RESPECT
 AND PROTECT WORKERS' RIGHTS TO FREEDOM OF  ASSOCIATION,  TO  ORGANIZE  A
 UNION,  AND  TO BARGAIN COLLECTIVELY FREE FROM RETALIATION; AS EVIDENCED
 A. 8580                             4
 
 BY A UNION CONTRACT OR AGREEING TO ENTER INTO A  LABOR  PEACE  AGREEMENT
 WITH  A BONA FIDE LABOR UNION UPON REQUEST BY THAT UNION; OR ARE A WORK-
 ER-OWNED COOPERATIVE; OR
   (V)  VALUED  AGRICULTURAL  WORKFORCE.    PREFERENCE  SHALL BE GIVEN TO
 SUPPLIERS WHO PAY FARMERS A FAIR PRICE, USING UNITED  STATES  DEPARTMENT
 OF  AGRICULTURE  PRICING  STANDARDS,  FOR  THE PRODUCTS THEY SUPPLY THAT
 COVERS THEIR ACTUAL COST OF PRODUCTION AND FAIR REMUNERATION  FOR  THEIR
 MANAGEMENT AND LABOR; OR
   (VI)  ANIMAL  WELFARE.  PREFERENCE  SHALL  BE  GIVEN  TO PRODUCERS WHO
 PROVIDE MORE HUMANE CARE FOR FARMED  ANIMALS  BY  PROHIBITING  INTENSIVE
 CONFINEMENT  (E.G. CAGING, CRATING OR TETHERING), PROVIDING ENOUGH SPACE
 AND ENVIRONMENTAL ENRICHMENTS  TO  ALLOW  ANIMALS  TO  CARRY  OUT  THEIR
 NATURAL  BEHAVIORS, USING PAIN CONTROL AS NEEDED WHEN CARRYING OUT PHYS-
 ICAL ALTERATIONS, UTILIZING RESPONSIBLE, THERAPEUTIC ANTIBIOTIC USE, AND
 REQUIRING HUMANE HANDLING AND SLAUGHTER, AS DEMONSTRATED BY AN INDEPEND-
 ENT UNITED STATES DEPARTMENT OF AGRICULTURE  RECOGNIZED  ANIMAL  WELFARE
 CERTIFICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING
 A  PRODUCER'S  COMPLIANCE  WITH  ONE  HUNDRED  PERCENT  OF THE PROGRAM'S
 WELFARE STANDARDS; OR
   (VII) NUTRITION.   PREFERENCE SHALL BE GIVEN  TO  FOODS  THAT  PROMOTE
 HEALTH AND WELL-BEING, COMPRISED OF NAMELY WHOLE GRAINS, FRESH AND MINI-
 MALLY-PROCESSED  FRUITS  AND VEGETABLES, ESSENTIAL FATS (INCLUDING NUTS,
 SEEDS AND FISH), AND WHOLE  PLANT-BASED  AND  LEAN  PROTEINS  SO  AS  TO
 DECREASE  SODIUM,  ADDED  SUGARS,  ARTIFICIAL  ADDITIVES, AND SATURATED,
 HYDROGENATED, AND TRANS FATS.
   § 2. Subdivision 1 of section 103 of the  general  municipal  law,  as
 amended  by  section  2  of chapter 2 of the laws of 2012, is amended to
 read as follows:
   1. (A) Except as otherwise expressly provided by an act of the  legis-
 lature  or  by  a  local  law adopted prior to September first, nineteen
 hundred fifty-three, all contracts for public work involving an expendi-
 ture  of  more  than  thirty-five  thousand  dollars  and  all  purchase
 contracts involving an expenditure of more than twenty thousand dollars,
 shall  be awarded by the appropriate officer, board or agency of a poli-
 tical subdivision or of any district therein including but  not  limited
 to  a  soil  conservation  district  to  the  lowest  responsible bidder
 furnishing the required security after advertisement for sealed bids  in
 the  manner  provided  by this section, provided, however, that purchase
 contracts (including contracts  for  service  work,  but  excluding  any
 purchase  contracts  necessary  for  the  completion  of  a public works
 contract pursuant to article eight of the labor law) may be  awarded  on
 the  basis  of best value, as defined in section one hundred sixty-three
 of the state finance law, to a  responsive  and  responsible  bidder  or
 offerer  in  the  manner provided by this section except that in a poli-
 tical subdivision other than a city with a  population  of  one  million
 inhabitants  or  more or any district, board or agency with jurisdiction
 exclusively therein the  use  of  best  value  of  awarding  a  purchase
 contract  or  purchase  contracts must be authorized by local law or, in
 the case of a district corporation, school district or board of  cooper-
 ative educational services, by rule, regulation or resolution adopted at
 a  public  meeting,  PROVIDED  FURTHER, HOWEVER, THAT PURCHASE CONTRACTS
 (INCLUDING CONTRACTS  FOR  SERVICE  WORK,  BUT  EXCLUDING  ANY  PURCHASE
 CONTRACTS NECESSARY FOR THE COMPLETION OF A PUBLIC WORKS CONTRACT PURSU-
 ANT  TO  ARTICLE  EIGHT OF THE LABOR LAW) MAY BE AWARDED TO AN OTHERWISE
 QUALIFIED BIDDER WHO FULFILLS ONE OR MORE OF THE VALUES  BASED  PROCURE-
 MENT  STANDARDS  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION AND THE
 A. 8580                             5
 
 CONTRACT MAY BE GIVEN PREFERENCE OVER OTHER  BIDDERS  PROVIDED,  HOWEVER
 THAT  THE  COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER
 THAN THE COST INCLUDED IN A BID BY THE  LOWEST  RESPONSIBLE  BIDDER  AND
 PROVIDED FURTHER THAT THE BIDDER PROVIDES ALL RELEVANT SUPPLY CHAIN DATA
 IN ITS BID TO THE APPROPRIATE OFFICER, BOARD OR AGENCY, UPDATED ANNUALLY
 AND  UPON  CHANGES,  AND  THAT  THE APPROPRIATE OFFICER, BOARD OR AGENCY
 SHALL MAKE THIS DATA PUBLICLY AVAILABLE WITHOUT THE NEED FOR  A  FREEDOM
 OF  INFORMATION  LAW REQUEST, EXCEPTING DATA PROHIBITED BY STATE LAW. In
 determining whether a purchase is an expenditure within the  discretion-
 ary  threshold  amounts  established  by  this subdivision, the officer,
 board or agency of a political subdivision or of  any  district  therein
 shall consider the reasonably expected aggregate amount of all purchases
 of  the  same  commodities, services or technology to be made within the
 twelve-month period commencing on the date  of  purchase.  Purchases  of
 commodities,  services  or  technology shall not be artificially divided
 for the purpose of satisfying the discretionary buying thresholds estab-
 lished by this subdivision. A change to or a renewal of a  discretionary
 purchase shall not be permitted if the change or renewal would bring the
 reasonably  expected  aggregate  amount  of  all  purchases  of the same
 commodities, services or technology from the same  provider  within  the
 twelve-month  period  commencing on the date of the first purchase to an
 amount greater than the discretionary buying threshold  amount.  In  any
 case  where  a responsible bidder's or responsible offerer's gross price
 is reducible by an allowance for the value of used machinery, equipment,
 apparatus or tools to be traded in by a political subdivision, the gross
 price shall be reduced by the amount of such allowance, for the  purpose
 of  determining  the  low  bid or best value. In cases where two or more
 responsible bidders furnishing the required  security  submit  identical
 bids  as  to price, such officer, board or agency may award the contract
 to any of such bidders. Such officer, board or agency may, in  his,  her
 or  its  discretion,  reject  all bids or offers and readvertise for new
 bids or offers in the manner provided by this section.
   (B) SUPPLIER DATA SHALL BE SUBMITTED AT THE TIME OF BID, TO  THE  BEST
 OF  THE BIDDER'S ABILITY, UPDATED AT POINT OF CONTRACT, AND THEN UPDATED
 ANNUALLY AND UPON CHANGES. ANY CONTRACTOR SHALL SUBMIT UPDATED  SUPPLIER
 DATA.  SUCH  DATA  REQUIRED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE THE
 NAME AND ADDRESS  OF  EACH    SUPPLIER,  DISTRIBUTOR,  PROCESSOR,    AND
 PRODUCER  INVOLVED IN THE PROVISION OF THE PRODUCTS THAT THE BIDDER WILL
 SUPPLY.
   (C) FOR THE PURPOSES OF THIS SUBDIVISION,  "VALUES  BASED  PROCUREMENT
 STANDARDS" SHALL MEAN PROCUREMENT CRITERIA THAT IS BASED ON:
   (I)  LOCAL  ECONOMIES.  PREFERENCE SHALL BE GIVEN TO NEW YORK STATE OR
 REGIONAL SUPPLIERS THAT ARE SOURCING FOOD PRODUCTS  IN  WHICH  FIFTY-ONE
 PERCENT  OF  THE  RAW AGRICULTURAL MATERIALS HAVE BEEN GROWN, HARVESTED,
 PROCESSED AND MANUFACTURED FROM WITHIN THE STATE OR REGION  (WITHIN  TWO
 HUNDRED  FIFTY  MILES  FOR  PRODUCE  AND  FIVE  HUNDRED MILES FOR ANIMAL
 PRODUCTS); OR
   (II)  ENVIRONMENTAL  SUSTAINABILITY.  PREFERENCE  SHALL  BE  GIVEN  TO
 PRODUCERS  THAT  ADOPT PRACTICES THAT CONTRIBUTE TO IMPROVED SOIL HEALTH
 AND INCREASED CARBON SEQUESTRATION AND STORAGE,  AND  THAT  ACHIEVE  NET
 SHORT-TERM  AND  LONG-TERM  GREENHOUSE  GAS  BENEFITS.  THESE  PRACTICES
 INCLUDE THOSE RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
 NATURAL RESOURCES CONSERVATION SERVICE OR THEIR EQUIVALENT, THAT WILL:
   (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC  PESTICIDES  AND
 FERTILIZERS  THROUGH  USE  OF  PRECISION  AGRICULTURE,  INTEGRATED  PEST
 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
 A. 8580                             6
 
   (B) AVOID THE MISUSE OR ROUTINE USE OF  HORMONES  OR  ANTIBIOTICS  FOR
 GROWTH PROMOTION OR ONGOING DISEASE PREVENTION;
   (C) PRESERVE AND REBUILD SOIL QUALITY THROUGH USE OF SOIL HEALTH PRAC-
 TICES,  INCLUDING  BUT  NOT  LIMITED  TO  PLANTING COVER CROPS, ADOPTING
 NO-TILL AND REDUCED TILLAGE, INCREASING CROP  ROTATIONS  AND  INTERCROP-
 PING,  AND PLANTING PERENNIAL CROPS, TO IMPROVE THE FUNCTION AND RESILI-
 ENCE OF SOILS;
   (D) PROTECT AND ENHANCE WILDLIFE HABITATS AND BIODIVERSITY;
   (E) AVOID CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND AVOID  CONTRIB-
 UTING TO DETERIORATION OF LOCAL AIR QUALITY;
   (F)  REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK THROUGH
 USE OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT  OF
 AGRICULTURAL WASTE, AND MANURE MANAGEMENT; AND
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III)  RACIAL EQUITY. PREFERENCE SHALL BE GIVEN TO MINORITY AND WOMEN-
 OWNED BUSINESS ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECU-
 TIVE LAW
   (IV) VALUED WORKFORCE. IN ORDER TO  AVOID  LABOR  UNREST  AND  THEREBY
 SECURE  BEST VALUE, PREFERENCE SHALL BE GIVEN TO SUPPLIERS WHO:  RESPECT
 AND PROTECT WORKERS' RIGHTS TO FREEDOM OF  ASSOCIATION,  TO  ORGANIZE  A
 UNION,  AND  TO BARGAIN COLLECTIVELY FREE FROM RETALIATION; AS EVIDENCED
 BY A UNION CONTRACT OR AGREEING TO ENTER INTO A  LABOR  PEACE  AGREEMENT
 WITH  A BONA FIDE LABOR UNION UPON REQUEST BY THAT UNION; OR ARE A WORK-
 ER-OWNED COOPERATIVE; OR
   (V) VALUED  AGRICULTURAL  WORKFORCE.  PREFERENCE  SHALL  BE  GIVEN  TO
 SUPPLIERS  WHO  PAY FARMERS A FAIR PRICE, USING UNITED STATES DEPARTMENT
 OF AGRICULTURE PRICING STANDARDS, FOR  THE  PRODUCTS  THEY  SUPPLY  THAT
 COVERS  THEIR  ACTUAL COST OF PRODUCTION AND FAIR REMUNERATION FOR THEIR
 MANAGEMENT AND LABOR; OR
   (VI) ANIMAL WELFARE.  PREFERENCE  SHALL  BE  GIVEN  TO  PRODUCERS  WHO
 PROVIDE  MORE  HUMANE  CARE  FOR FARMED ANIMALS BY PROHIBITING INTENSIVE
 CONFINEMENT (E.G. CAGING, CRATING OR TETHERING), PROVIDING ENOUGH  SPACE
 AND  ENVIRONMENTAL  ENRICHMENTS  TO  ALLOW  ANIMALS  TO  CARRY OUT THEIR
 NATURAL BEHAVIORS, USING PAIN CONTROL AS NEEDED WHEN CARRYING OUT  PHYS-
 ICAL ALTERATIONS, UTILIZING RESPONSIBLE, THERAPEUTIC ANTIBIOTIC USE, AND
 REQUIRING HUMANE HANDLING AND SLAUGHTER, AS DEMONSTRATED BY AN INDEPEND-
 ENT  UNITED  STATES  DEPARTMENT OF AGRICULTURE RECOGNIZED ANIMAL WELFARE
 CERTIFICATION PROGRAM WITH REGULAR, THIRD-PARTY ON-FARM AUDITS ASSESSING
 A PRODUCER'S COMPLIANCE  WITH  ONE  HUNDRED  PERCENT  OF  THE  PROGRAM'S
 WELFARE STANDARDS; OR
   (VII)  NUTRITION.  PREFERENCE  SHALL  BE  GIVEN  TO FOODS THAT PROMOTE
 HEALTH AND WELL-BEING, COMPRISED OF NAMELY WHOLE GRAINS, FRESH AND MINI-
 MALLY-PROCESSED FRUITS AND VEGETABLES, ESSENTIAL FATS  (INCLUDING  NUTS,
 SEEDS  AND  FISH),  AND  WHOLE  PLANT-BASED  AND  LEAN PROTEINS SO AS TO
 DECREASE SODIUM, ADDED  SUGARS,  ARTIFICIAL  ADDITIVES,  AND  SATURATED,
 HYDROGENATED, AND TRANS FATS.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 1 of section 103 of the general  municipal
 law  made  by section one of this act shall be subject to the expiration
 and reversion of such subdivision when upon such date the provisions  of
 section two of this act shall take effect.