S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3125--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced by Sens. HINCHEY, HELMING, MAY, MURRAY, ROLISON -- 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 committee
 
 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-e to read as follows:
   § 163-E. PROCUREMENT GOALS FOR NEW YORK STATE FOOD  PRODUCTS.  1.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A) "NEW YORK STATE FOOD PRODUCT" SHALL MEAN A FOOD ITEM THAT IS:
   (I) GROWN, HARVESTED, OR PRODUCED IN THIS STATE; OR
   (II)  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.
   (B) "STATE AGENCY" SHALL MEAN ANY AGENCY OR DEPARTMENT OVER WHICH  THE
 GOVERNOR  HAS  EXECUTIVE  AUTHORITY, INCLUDING ALL OFFICES AND DIVISIONS
 THEREOF, AS WELL AS  ALL  PUBLIC  AUTHORITIES  FOR  WHICH  THE  GOVERNOR
 APPOINTS  THE  CHAIR,  THE  CHIEF  EXECUTIVE,  OR  THE MAJORITY OF BOARD
 MEMBERS, INCLUDING ALL OFFICES AND DIVISIONS  THEREOF,  EXCEPT  FOR  THE
 PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY. STATE AGENCY SHALL INCLUDE
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08184-02-4
              

 S. 3125--A                          2
 
 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:
   (I)  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, AT
 LEAST FIFTEEN PERCENT OF ALL FOOD AND FOOD PRODUCTS  PURCHASED  BY  SUCH
 STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS;
   (II)  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AT
 LEAST TWENTY PERCENT OF ALL FOOD AND FOOD  PRODUCTS  PURCHASED  BY  SUCH
 STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS;
   (III)  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN,
 AT LEAST TWENTY-FIVE PERCENT OF ALL FOOD AND FOOD PRODUCTS PURCHASED  BY
 SUCH STATE AGENCY SHALL BE NEW YORK STATE FOOD PRODUCTS; AND
   (IV) ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT AND
 THEREAFTER,  AT  LEAST  THIRTY  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 THIS ARTICLE AND ARTICLES FIFTEEN-A AND  SEVEN-
 TEEN-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 THIS ARTICLE AND/OR ARTICLES
 FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW, SHALL BE COUNTED  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.
 S. 3125--A                          3
 
   §  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:
   (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 SIXTY-THREE-A OF THIS ARTICLE
 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 FACILI-
 TIES 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.