Bill Text: NY A04406 | 2023-2024 | General Assembly | Amended

---

Bill Title: Establishes procurement goals that certain percentages of all food products purchased by state agencies shall be New York state food products.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced) 2024-03-12 - print number 4406a [A04406 Detail]

Download: New_York-2023-A04406-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         4406--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 14, 2023
                                       ___________

        Introduced by M. of A. LUPARDO, WOERNER, THIELE, FAHY, DICKENS, GUNTHER,
          GLICK, BUTTENSCHON, STIRPE, JONES, TAGUE, FITZPATRICK, HAWLEY, ANGELI-
          NO,  RAGA  --  read once and referred to the Committee on Governmental
          Operations -- recommitted to the Committee on Governmental  Operations
          in  accordance  with  Assembly Rule 3, sec. 2 -- 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:

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  163-e to read as follows:
     3    §  163-e.  Procurement  goals for New York state food products. 1. For
     4  the purposes of this section, the following terms shall have the follow-
     5  ing meanings:
     6    (a) "New York state food product" shall mean a food or drink item that
     7  is:
     8    (i) grown, harvested, or produced in this state;
     9    (ii) processed inside or outside this state comprising over  fifty-one
    10  percent agricultural raw materials grown, harvested, or produced in this
    11  state, by weight or volume; or
    12    (iii)  intended  for human consumption that may be purchased using any
    13  funding stream managed by any  state  agency,  including  any  federally
    14  funded programs.
    15    (b)  "State agency" shall mean any agency or department over which the
    16  governor has executive authority, including all  offices  and  divisions
    17  thereof,  as  well  as  all  public  authorities  for which the governor
    18  appoints the chair, the  chief  executive,  or  the  majority  of  board
    19  members,  including  all  offices  and divisions thereof, except for the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08184-04-4
        A. 4406--A                          2

     1  Port Authority of New York and New Jersey. State  agency  shall  include
     2  the state university of New York and the city university of New York.
     3    2.  (a) In order to create, strengthen, and expand local farm and food
     4  economies throughout New York, all state agencies annually  spending  an
     5  amount  exceeding  fifty  thousand  dollars  on  food products shall set
     6  percentage goals for New York state food products purchased  yearly  and
     7  if  a state agency spends an amount greater than or equal to two million
     8  dollars annually on food products then:
     9    (i) on or before December thirty-first, two thousand  twenty-five,  at
    10  least fifteen percent of all food products purchased by such state agen-
    11  cy shall be New York state food products;
    12    (ii)  on  or before December thirty-first, two thousand twenty-six, at
    13  least twenty percent of all food products purchased by such state agency
    14  shall be New York state food products;
    15    (iii) on or before December thirty-first, two  thousand  twenty-seven,
    16  at  least  twenty-five  percent  of  all food products purchased by such
    17  state agency shall be New York state food products; and
    18    (iv) on or before December thirty-first, two thousand twenty-eight and
    19  thereafter, at least thirty percent of all food  products  purchased  by
    20  such state agency shall be New York state food products.
    21    (b) To meet the goal set forth in this subdivision, when a state agen-
    22  cy's  contract for the purchase of food products is to be awarded to the
    23  lowest responsible  bidder,  an  otherwise  qualified  bidder  who  will
    24  fulfill the contract through the use of New York state food products may
    25  be  given preference over other bidders, provided that the cost included
    26  in the bid of New York state food products is not more than ten  percent
    27  greater  than  the cost included in a bid that is not for New York state
    28  food products.
    29    3. The provisions of this section shall not apply if the head  of  the
    30  contracting  state  agency  purchasing food products, in his or her sole
    31  discretion, determines that: (a) purchasing New York state food products
    32  pursuant to the provisions in subdivision one of this section  would  be
    33  against the public interest; (b) purchasing New York state food products
    34  would  increase  the cost of the contract by an unreasonable amount; (c)
    35  New York state food  products  cannot  be  obtained  in  sufficient  and
    36  reasonable  available quantities and of satisfactory quality to meet the
    37  contracting state agency's requirements; or (d) purchasing food products
    38  grown, harvested, or produced outside of this  state,  or  processed  in
    39  facilities  inside or outside of this state comprising less than  fifty-
    40  one percent agricultural raw materials grown, harvested, or produced  in
    41  this  state,  by  weight or volume, is necessary to avoid a delay in the
    42  delivery of food products.
    43    4. Nothing in this section shall be  construed  to  conflict  with  or
    44  otherwise  limit  the  goals  and  requirements set forth by section one
    45  hundred sixty-two of this article and articles fifteen-A and seventeen-B
    46  of the executive law. Any contracts meeting the goals  and  requirements
    47  set  forth  by  this  section,  in addition to requirements set forth by
    48  section one hundred sixty-two of this article and/or articles  fifteen-A
    49  and seventeen-B of the executive law, shall be counted toward all appli-
    50  cable goals and requirements it may satisfy.
    51    5.  The commissioner, in conjunction with the commissioner of agricul-
    52  ture and markets shall periodically,  but  no  later  than  every  three
    53  years, review the New York state food product goals and requirements set
    54  forth by subdivision two of this section, and shall issue a joint recom-
    55  mendation  suggesting  any changes in such goals and requirements deemed
        A. 4406--A                          3

     1  necessary. Such recommendation shall be submitted to the  governor,  the
     2  temporary president of the senate, and the speaker of the assembly.
     3    §  2. Paragraph g of subdivision 4 of section 165 of the state finance
     4  law,  as  amended by chapter 533 of the laws of 2013, is amended to read
     5  as follows:
     6    g. No later than December first of each year  the  commissioner  shall
     7  annually report to the governor and legislature on the implementation of
     8  this subdivision. Such report shall include, at minimum:
     9    (i)  a description of the office's efforts to improve and increase the
    10  tracking of  information  relating  to  New  York  state  food  products
    11  procured by agencies; [and]
    12    (ii)  the information collected pursuant to paragraph f of this subdi-
    13  vision, compiled to provide the following, disaggregated by food product
    14  and processed food:
    15    (a) the total dollar value of New York state food products procured by
    16  agencies;
    17    (b) the total dollar value of food products from outside of  New  York
    18  state procured by agencies during their listed New York state availabil-
    19  ity periods; and
    20    (c)  the total dollar value of all other food products from outside of
    21  New York state and processed food products from  facilities  outside  of
    22  New York state; and
    23    (iii)  an  annual  summary  detailing  each state agency contract made
    24  which satisfies the New York state food product  procurement  goals  and
    25  requirements  as  set forth by section one hundred sixty-three-c of this
    26  article, disaggregated by contracting agency, to include  the  following
    27  information:
    28    (a)  the  total  dollar  value  of all food products purchased in each
    29  contract;
    30    (b) the total dollar value of New York state food  products  purchased
    31  in each contract;
    32    (c)  the  total dollar value of food products from outside of New York
    33  state and food products processed from facilities inside or  outside  of
    34  New  York  state  comprising less than fifty-one percent of agricultural
    35  raw materials grown, harvested, or produced in this state, by weight  or
    36  volume purchased in each contract;
    37    (d)   the  agency's  annual  aggregate  percentage  of  food  products
    38  purchased; and
    39    (e) an enumeration of all contracts entered into in which the head  of
    40  the  contracting  state agency applied one of the exceptions pursuant to
    41  subdivision three of section one hundred sixty-three-a of  this  article
    42  in  the  awarding of a bid; and the total dollar amount of food products
    43  from outside of New York state and food products processed from  facili-
    44  ties  inside or outside of New York state comprising less than fifty-one
    45  percent of agricultural raw materials grown, harvested, or  produced  in
    46  this state, purchased in such contracts.
    47    §  3. This act shall take effect one year after it shall have become a
    48  law; provided, however, that section two of this act shall  take  effect
    49  two years after it shall have become a law.