S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7264--A
                                                         Cal. No. 203
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES,  THIELE, ANDERSON, ZINERMAN,
   L. ROSENTHAL, JACOBSON, LUNSFORD, SHRESTHA, SHIMSKY, GUNTHER,  WEPRIN,
   COLTON,  RAGA,  KELLES,  SIMON,  EPSTEIN, SEAWRIGHT, HEVESI, McDONALD,
   SOLAGES, SANTABARBARA, BICHOTTE HERMELYN, FORREST, BRONSON, LEVENBERG,
   CLARK, LUCAS, PAULIN, STIRPE, JACKSON -- read once and referred to the
   Committee on Local Governments -- ordered to a third reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 AN  ACT  to amend the general municipal law, in relation to the awarding
   of certain purchase contracts to purchase food
 
   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  chapter  668 of the laws of 2023, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05665-12-4
 A. 7264--A                          2
 
 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
 a  public  meeting;  AND PROVIDED, FURTHER, THAT FOOD PURCHASE CONTRACTS
 (INCLUDING CONTRACTS FOR FOOD SERVICE WORK, BUT EXCLUDING  ANY  PURCHASE
 CONTRACT  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 (C) OF THIS SUBDIVISION AND 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.  PROVIDED FURTHER
 THAT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS ON  FOOD
 PURCHASE  CONTRACTS  SHALL PROVIDE RELEVANT SUPPLY CHAIN DATA IN ITS BID
 TO THE APPROPRIATE OFFICER, BOARD OR AGENCY.   THE APPROPRIATE  OFFICER,
 BOARD OR AGENCY SHALL MAKE SUCH DATA PUBLICLY AVAILABLE ON THE ENTITIES'
 RESPECTIVE  WEBSITES,  EXCEPTING DATA NOT SUBJECT TO DISCLOSURE PURSUANT
 TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.  In any case where a  respon-
 sible  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 best value.  In cases where two or more responsible bidders furnish-
 ing the required security submit identical bids as to price, such  offi-
 cer, board or agency may award the contract to any of such bidders. Such
 officer,  board  or agency may, in [his or her or its] THEIR discretion,
 reject all bids or offers and readvertise for new bids or offers in  the
 manner provided by this section. In determining whether a purchase is an
 expenditure  within  the  discretionary threshold amounts established by
 this subdivision, the officer, board or agency of a  political  subdivi-
 sion  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  established  by  this  subdivision.  A
 change  to or a renewal of a discretionary purchase shall not be permit-
 ted if the change or renewal would bring the reasonably expected  aggre-
 gate  amount of all purchases of the same commodities, services or tech-
 nology from the same provider within the twelve-month period  commencing
 on  the date of the first purchase to an amount greater than the discre-
 tionary 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 pursu-
 ant  to  article  eight  of the labor law) shall include bids and offers
 submitted in an electronic format including submission of the  statement
 of  non-collusion  required by section one hundred three-d of this arti-
 cle, 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 method for the submission of
 bids and offers. Provided however, the  appropriate  officer,  board  or
 A. 7264--A                          3
 
 agency  of  a city with a population of one million inhabitants or more,
 or any district, board or agency with  jurisdiction  exclusively  within
 such  city, may authorize or require bids and offers for any contract to
 be  submitted  in  an electronic format. 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
 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) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER  DATA  FROM  SUBCONTRAC-
 TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
 AT  THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED AT
 POINT OF CONTRACT EXECUTION. SUCH DATA SHALL ALSO  BE  UPDATED  ANNUALLY
 AND  UPON ANY CHANGES TO SUPPLIER INFORMATION. SUCH DATA REQUIRED PURSU-
 ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND ADDRESS OF EACH SUPPLI-
 ER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN  THE  PROVISION  OF
 THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
   (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
 PURCHASE CONTRACTS AND BID PROPOSALS.
   (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 OR MORE OF THE  RAW  AGRICULTURAL  MATERIALS  HAVE  BEEN  GROWN,
 HARVESTED,  PROCESSED  AND  MANUFACTURED WITH WITHIN THE STATE OR REGION
 (WITHIN ONE HUNDRED MILES FOR PRODUCE AND TWO HUNDRED MILES  FOR  ANIMAL
 PRODUCTS); AND
   (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:
   (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC  PESTICIDES  AND
 FERTILIZERS  THROUGH  THE  USE OF PRECISION AGRICULTURE, INTEGRATED PEST
 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
   (B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED  AS
 USE  WHERE  IT  CAN  BE  SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
   (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;
 A. 7264--A                          4
 
   (E)  AVOID  CONTRIBUTING TO WATER QUALITY IMPAIRMENT AND 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 BY ARTICLE FIFTEEN-A OF THE EXEC-
 UTIVE LAW, OR SOCIALLY DISADVANTAGED FARMS. FOR  THE  PURPOSES  OF  THIS
 SUBPARAGRAPH,  "SOCIALLY  DISADVANTAGED" SHALL MEAN INDIVIDUALS WHO HAVE
 BEEN SUBJECT TO DISCRIMINATION  BY  VIRTUE  OF  THEIR  MEMBERSHIP  OF  A
 PARTICULAR  GROUP  WHICH  MAY  INCLUDE,  BUT IS NOT LIMITED TO, BLACK OR
 AFRICAN AMERICAN, AMERICAN INDIAN OR ALASKA NATIVE, HISPANIC OR  LATINO,
 AND ASIAN OR PACIFIC ISLANDER; OR
   (IV)  VALUED  WORKFORCE.  PREFERENCE  SHALL  BE GIVEN TO SUPPLIERS WHO
 RESPECT AND PROTECT WORKERS' RIGHTS, REGARDLESS OF  IMMIGRATION  STATUS,
 TO  ORGANIZE  A  UNION, TO AFFILIATE WITH WORKER CENTERS AND ALTERNATIVE
 FORMS OF WORKER REPRESENTATION AND TO  BARGAIN  COLLECTIVELY  FREE  FROM
 RETALIATION  AND  INTERFERENCE; AS EVIDENCED BY AGREEING TO ENTER INTO A
 LABOR PEACE AGREEMENT WITH A BONA FIDE LABOR  UNION;  HAVING  WORKER-LED
 WORKPLACE  HEALTH AND SAFETY COMMITTEES; OR BEING A WORKER-OWNED COOPER-
 ATIVE; OR
   (V) VALUED AGRICULTURAL SECTOR. PREFERENCE SHALL BE GIVEN TO SUPPLIERS
 WHO PAY FARMERS A FAIR PRICE, USING UNITED STATES DEPARTMENT OF AGRICUL-
 TURE PRICING STANDARDS, FOR THE PRODUCTS THEY SUPPLY THAT  COVERS  THEIR
 ACTUAL COST OF PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO
 FARMERS FOR THEIR MANAGEMENT AND LABOR; OR
   (VI)  ANIMAL  WELFARE.  PREFERENCE  SHALL  BE  GIVEN  TO PRODUCERS WHO
 PROVIDE MORE HUMANE CARE FOR FARMED ANIMALS BY  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 ENROLLMENT
 IN AN INDEPENDENT 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
 A. 7264--A                          5
 
 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; AND PROVIDED, FURTHER, THAT  FOOD  PURCHASE  CONTRACTS
 (INCLUDING  CONTRACTS  FOR  SERVICE  WORK,  BUT  EXCLUDING  ANY PURCHASE
 CONTRACT 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 (C) OF THIS SUBDIVISION AND 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.  PROVIDED  FURTHER
 THAT  PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION, ALL BIDDERS SHALL
 PROVIDE RELEVANT SUPPLY CHAIN DATA IN ITS BID TO THE  APPROPRIATE  OFFI-
 CER,  BOARD  OR  AGENCY.  THE APPROPRIATE OFFICER, BOARD OR AGENCY SHALL
 MAKE SUCH DATA PUBLICLY AVAILABLE ON THE ENTITIES' RESPECTIVE  WEBSITES,
 EXCEPTING  DATA NOT SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE
 PUBLIC OFFICERS LAW.  In determining whether a purchase is  an  expendi-
 ture  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  established  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 thres-
 hold  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 agen-
 cy may award the contract to any of such bidders. Such officer, board or
 agency may, in [his, her or its] THEIR discretion, reject  all  bids  or
 offers  and readvertise for new bids or offers in the manner provided by
 this section.
   (B) (I) ALL SUPPLIER DATA, INCLUDING SUPPLIER  DATA  FROM  SUBCONTRAC-
 TORS, SHALL BE SUBMITTED TO THE ENTITY ISSUING THE REQUEST FOR PROPOSALS
 AT  THE TIME OF BID, TO THE BEST OF THE BIDDER'S ABILITY, AND UPDATED AT
 POINT OF CONTRACT EXECUTION. SUCH DATA SHALL ALSO  BE  UPDATED  ANNUALLY
 A. 7264--A                          6
 
 AND  UPON ANY CHANGES TO SUPPLIER INFORMATION. SUCH DATA REQUIRED PURSU-
 ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME AND ADDRESS OF EACH SUPPLI-
 ER, DISTRIBUTOR, PROCESSOR, AND PRODUCER INVOLVED IN  THE  PROVISION  OF
 THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
   (II) THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL BIDDERS' FOOD
 PURCHASE CONTRACTS AND BID PROPOSALS.
   (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 OR MORE OF THE  RAW  AGRICULTURAL  MATERIALS  HAVE  BEEN  GROWN,
 HARVESTED,  PROCESSED  AND  MANUFACTURED WITH WITHIN THE STATE OR REGION
 (WITHIN ONE HUNDRED MILES FOR PRODUCE AND TWO HUNDRED MILES  FOR  ANIMAL
 PRODUCTS); AND
   (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:
   (A) ACHIEVE THE REDUCTION OR ELIMINATION OF SYNTHETIC  PESTICIDES  AND
 FERTILIZERS  THROUGH  THE  USE OF PRECISION AGRICULTURE, INTEGRATED PEST
 MANAGEMENT, AND/OR ADVANCED NUTRIENT MANAGEMENT;
   (B) AVOID THE USE OF HORMONES OR ANTIBIOTICS EXCEPT FOR TREATMENT OF A
 SICK ANIMAL OR FOR DISEASE CONTROL, WHERE DISEASE CONTROL IS DEFINED  AS
 USE  WHERE  IT  CAN  BE  SHOWN THAT A PARTICULAR DISEASE OR INFECTION IS
 PRESENT ON THE PREMISES WHERE THE ANIMAL IS KEPT;
   (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 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 BY ARTICLE FIFTEEN-A OF THE EXEC-
 UTIVE  LAW,  OR  SOCIALLY  DISADVANTAGED FARMS. FOR THE PURPOSES OF THIS
 SUBPARAGRAPH, "SOCIALLY DISADVANTAGED" SHALL MEAN INDIVIDUALS  WHO  HAVE
 BEEN  SUBJECT  TO  DISCRIMINATION  BY  VIRTUE  OF  THEIR MEMBERSHIP OF A
 PARTICULAR GROUP WHICH MAY INCLUDE, BUT IS  NOT  LIMITED  TO,  BLACK  OR
 AFRICAN  AMERICAN, AMERICAN INDIAN OR ALASKA NATIVE, HISPANIC OR LATINO,
 AND ASIAN OR PACIFIC ISLANDER; OR
   (IV) VALUED WORKFORCE. PREFERENCE SHALL  BE  GIVEN  TO  SUPPLIERS  WHO
 RESPECT  AND  PROTECT WORKERS' RIGHTS, REGARDLESS OF IMMIGRATION STATUS,
 TO ORGANIZE A UNION, TO AFFILIATE WITH WORKER  CENTERS  AND  ALTERNATIVE
 FORMS  OF  WORKER  REPRESENTATION  AND TO BARGAIN COLLECTIVELY FREE FROM
 RETALIATION AND INTERFERENCE; AS EVIDENCED BY AGREEING TO ENTER  INTO  A
 LABOR  PEACE  AGREEMENT  WITH A BONA FIDE LABOR UNION; HAVING WORKER-LED
 WORKPLACE HEALTH AND SAFETY COMMITTEES; OR BEING A WORKER-OWNED  COOPER-
 ATIVE; OR
   (V) VALUED AGRICULTURAL SECTOR. PREFERENCE SHALL BE GIVEN TO SUPPLIERS
 WHO PAY FARMERS A FAIR PRICE, USING UNITED STATES DEPARTMENT OF AGRICUL-
 A. 7264--A                          7
 
 TURE  PRICING  STANDARDS, FOR THE PRODUCTS THEY SUPPLY THAT COVERS THEIR
 ACTUAL COST OF PRODUCTION; AND TO SUPPLIERS WHO PAY FAIR REMUNERATION TO
 FARMERS FOR THEIR MANAGEMENT AND LABOR; OR
   (VI)  ANIMAL  WELFARE.  PREFERENCE  SHALL  BE  GIVEN  TO PRODUCERS WHO
 PROVIDE MORE HUMANE CARE FOR FARMED ANIMALS BY  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 ENROLLMENT
 IN AN INDEPENDENT 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 pursuant to subdivision (a) of section
 41  of part X of chapter 62 of the laws of 2003, when upon such date the
 provisions of section two of this act shall take effect.