S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6576
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 17, 2025
                                ___________
 
 Introduced by Sens. HINCHEY, HELMING, MAY, MURRAY, ROLISON, WEBB -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Procurement and Contracts
 
 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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10834-01-5
              

 S. 6576                             2
 
   (I)  ON  OR  BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, 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-SEVEN, 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-EIGHT,
 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-NINE  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 THEIR 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 UNREASON-
 ABLE AMOUNT; (C) NEW YORK STATE FOOD  PRODUCTS  CANNOT  BE  OBTAINED  IN
 SUFFICIENT AND REASONABLE AVAILABLE QUANTITIES AND OF SATISFACTORY QUAL-
 ITY TO MEET THE CONTRACTING STATE AGENCY'S REQUIREMENTS; OR (D) PURCHAS-
 ING  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.
   §  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:
 S. 6576                             3
 
   (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.