S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7638
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2025
                                ___________
 
 Introduced  by  Sens.  HINCHEY, BAILEY, COONEY, HARCKHAM, HOYLMAN-SIGAL,
   KRUEGER, MARTINS, MAY, MYRIE, PALUMBO, PARKER, ROLISON, S. RYAN,  WEBB
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Procurement and Contracts
 
 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11802-01-5
              

 S. 7638                             2
 
 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 COMPLIES WITH ONE  OR  MORE  OF  THE  VALUES  BASED
 PROCUREMENT  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
 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 determin-
 ing the 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  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 poli-
 tical subdivision or of any district therein shall consider the  reason-
 ably 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  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 including 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  subdi-
 vision  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  offi-
 cer, board or agency of a city with a population of one million inhabit-
 ants  or more, or any district, board or agency with jurisdiction exclu-
 sively within such city, may authorize or require bids  and  offers  for
 any  contract  to  be submitted in an electronic format. Bids and offers
 S. 7638                             3
 
 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 adver-
 tisement 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  subdivision or district therein shall incur any
 liability from delays of or interruptions in the receiving device desig-
 nated 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 BY
 THE WINNING BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH  DATA  SHALL
 ALSO  BE  UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY CHANGES TO
 SUPPLIER INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED  PURSU-
 ANT  TO  THIS  PARAGRAPH  SHALL INCLUDE THE NAME AND FACILITY ADDRESS OF
 EACH SUPPLIER, 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. 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  MANU-
 FACTURED  WITH  WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
 PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
   (II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT  ONE  OR  MORE
 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;
 S. 7638                             4
 
   (F) REDUCE GREENHOUSE GAS EMISSIONS ATTRIBUTABLE TO LIVESTOCK  THROUGH
 USE  OF FEED MANAGEMENT, PRESCRIBED GRAZING, AMENDMENTS FOR TREATMENT OF
 AGRICULTURAL WASTE, AND MANURE MANAGEMENT; OR
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
 TAGED  FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY DISADVAN-
 TAGED" 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.   SUPPLIERS WHO RESPECT  AND  PROTECT  WORKERS'
 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
 IATE  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  COMMIT-
 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
   (V)  VALUED  AGRICULTURAL  SECTOR.  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 TO SUPPLIERS WHO PAY FAIR REMUNERATION  TO  FARMERS  FOR
 THEIR MANAGEMENT AND LABOR; OR
   (VI) ANIMAL WELFARE. 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 PHYSICAL  ALTERATIONS,  UTILIZING  RESPONSIBLE,
 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
 AS  DEMONSTRATED  BY ENROLLMENT IN AN INDEPENDENT ANIMAL WELFARE CERTIF-
 ICATION 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. FOODS THAT PROMOTE HEALTH AND WELL  BEING,  COMPRISED
 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
 BLES,  ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
 BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS,  ARTIFI-
 CIAL 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
 S. 7638                             5
 
 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 COMPLIES WITH ONE  OR  MORE  OF  THE  VALUES  BASED
 PROCUREMENT  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
 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 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  BY
 THE  WINNING  BIDDER AT THE POINT OF CONTRACT EXECUTION. SUCH DATA SHALL
 ALSO BE UPDATED ANNUALLY BY THE WINNING BIDDER AND UPON ANY  CHANGES  TO
 SUPPLIER  INFORMATION RELATED TO THE CONTRACT. SUCH DATA REQUIRED PURSU-
 ANT TO THIS PARAGRAPH SHALL INCLUDE THE NAME  AND  FACILITY  ADDRESS  OF
 EACH  SUPPLIER,  DISTRIBUTOR,  PROCESSOR,  AND  PRODUCER INVOLVED IN THE
 PROVISION OF THE PRODUCTS THAT THE BIDDER WILL SUPPLY.
 S. 7638                             6
 
   (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. 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  MANU-
 FACTURED  WITH  WITHIN THE STATE OR REGION (WITHIN ONE HUNDRED MILES FOR
 PRODUCE AND TWO HUNDRED MILES FOR ANIMAL PRODUCTS); AND
   (II) ENVIRONMENTAL SUSTAINABILITY. PRODUCERS THAT ADOPT  ONE  OR  MORE
 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; OR
   (G) REDUCE ON-FARM ENERGY AND WATER CONSUMPTION, FOOD WASTE AND GREEN-
 HOUSE GAS EMISSIONS; OR
   (III) RACIAL EQUITY. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, AS
 DEFINED BY ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR SOCIALLY DISADVAN-
 TAGED FARMS. FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SOCIALLY  DISADVAN-
 TAGED" 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.    SUPPLIERS WHO RESPECT AND PROTECT WORKERS'
 RIGHTS, REGARDLESS OF IMMIGRATION STATUS, TO ORGANIZE A UNION, TO AFFIL-
 IATE 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 COMMIT-
 TEES; OR BEING A WORKER-OWNED COOPERATIVE; OR
   (V) VALUED AGRICULTURAL SECTOR.  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  TO  SUPPLIERS WHO PAY FAIR REMUNERATION TO FARMERS FOR
 THEIR MANAGEMENT AND LABOR; OR
   (VI) ANIMAL WELFARE. 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 PHYSICAL ALTERATIONS, UTILIZING RESPONSIBLE,
 S. 7638                             7

 THERAPEUTIC ANTIBIOTIC USE, AND REQUIRING HUMANE HANDLING AND SLAUGHTER,
 AS DEMONSTRATED BY ENROLLMENT IN AN INDEPENDENT ANIMAL  WELFARE  CERTIF-
 ICATION  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. FOODS THAT PROMOTE HEALTH AND WELL  BEING,  COMPRISED
 OF NAMELY WHOLE GRAINS, FRESH AND MINIMALLY-PROCESSED FRUITS AND VEGETA-
 BLES,  ESSENTIAL FATS (INCLUDING NUTS, SEEDS AND FISH), AND WHOLE PLANT-
 BASED AND LEAN PROTEINS SO AS TO DECREASE SODIUM, ADDED SUGARS,  ARTIFI-
 CIAL 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.