Bill Text: NY S03974 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Permits school districts to favor locally sourced goods.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-03-09 - referred to education [S03974 Detail]

Download: New_York-2021-S03974-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3974

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 1, 2021
                                       ___________

        Introduced  by  Sens.  KENNEDY,  HELMING, MAY, RITCHIE -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Local Government

        AN  ACT  to amend the general municipal law, in relation to facilitating
          school districts in purchasing local agricultural products

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs (b), (b-1) and (c) of subdivision 9 of section
     2  103 of the general municipal law, paragraphs (b) and (c) as amended  and
     3  paragraph  (b-1) as added by chapter 90 of the laws of 2017, are amended
     4  to read as follows:
     5    (b) [the amount that may be expended  by  a  school  district  in  any
     6  fiscal year for such purchases shall not exceed an amount equal to twen-
     7  ty  cents  multiplied  by  the  total  number of days in the school year
     8  multiplied by the total enrollment of such school district;
     9    (b-1) the amount that may be expended by a board of cooperative educa-
    10  tional services in any fiscal year for such purchases shall  not  exceed
    11  an  amount  equal to twenty cents multiplied by the total number of days
    12  in the school year  multiplied  by  the  number  of  students  receiving
    13  services by such board of cooperative educational services at facilities
    14  operated by a board of cooperative educational services;
    15    (c)]  all such purchases shall be administered pursuant to regulations
    16  promulgated by the commissioner of education. Such regulations shall: be
    17  developed in consultation  with  the  commissioner  of  agriculture  and
    18  markets  to accommodate and promote the provisions of the farm-to-school
    19  program established pursuant to subdivision five-b of section sixteen of
    20  the agriculture and markets law and subdivision  thirty-one  of  section
    21  three  hundred  five of the education law as added by chapter two of the
    22  laws of two thousand [two]  one;  ensure  that  the  prices  paid  by  a
    23  district  or  board of cooperative educational services for any items so
    24  purchased do not exceed the prices of  comparable  local  farm  products

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06929-01-1
        S. 3974                             2

     1  that  are  available  to districts through their usual purchases of such
     2  items; ensure that all producers and  growers  who  desire  to  sell  to
     3  school districts or boards of cooperative educational services can read-
     4  ily  access  information  in  accordance  with  the  farm-to-school law;
     5  include provisions for situations when more than one producer or  grower
     6  seeks  to  sell  the  same product to a district or board of cooperative
     7  educational services to ensure that all such producers or  growers  have
     8  an  equitable  opportunity  to  do  so  in a manner similar to the usual
     9  purchasing practices of such districts or boards of  cooperative  educa-
    10  tional  services;  develop guidelines for approval of purchases of items
    11  from associations of more than ten growers and producers;  and,  to  the
    12  maximum extent practicable, minimize additional paperwork, recordkeeping
    13  and  other similar requirements on both growers and producers and school
    14  districts.
    15    § 2. Section 103 of the general municipal law is amended by  adding  a
    16  new subdivision 17 to read as follows:
    17    17.  (a)  When  a  board of education, on behalf of a school or school
    18  district, advertises an offer for bids, it may include in its specifica-
    19  tions language favoring local or regional procurement where proximity to
    20  the offeror is reasonably related to the performance of the services  or
    21  the  provision  of  the  goods,  including the type or quality of goods,
    22  being sought.
    23    (b) Upon a determination by the board of education advertising such  a
    24  bid  that the goods or services included in such an offer are not avail-
    25  able locally or regionally, any language  specifying  proximity  to  the
    26  offeror  shall  be  waived  until  the  next  contract for such goods or
    27  services is let out for bid.
    28    (c) In the event that a board of education receives no acceptable bids
    29  it may waive the language specifying proximity to the offeror and  shall
    30  award a contract in accordance with other applicable statutes.
    31    §  3.  This  act shall take effect on the ninetieth day after it shall
    32  have become a law.    Effective  immediately  the  addition,  amendment,
    33  and/or repeal of any rule or regulation necessary for the implementation
    34  of  this  act  on  its  effective  date are authorized to be made by the
    35  commissioner of the department of agriculture and markets  in  consulta-
    36  tion  with  the commissioner of the department of education on or before
    37  such effective date.