Bill Text: NY S05552 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to local product procurement and a procurement training program for agricultural business.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-09-23 - SIGNED CHAP.381 [S05552 Detail]

Download: New_York-2013-S05552-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5552--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 17, 2013
                                      ___________
       Introduced  by Sens. VALESKY, RITCHIE -- read twice and ordered printed,
         and when printed to be committed to the Committee  on  Agriculture  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- recommitted to the Committee on Agri-
         culture in accordance with Senate Rule 6, sec. 8 -- reported favorably
         from said committee and committed  to  the  Committee  on  Finance  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the agriculture and markets law, the  economic  develop-
         ment  law  and  the  state  finance  law, in relation to local product
         procurement; and in relation to a  procurement  training  program  for
         agricultural business
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 16 of the agriculture and markets law is amended by
    2  adding a new subdivision 2-d to read as follows:
    3    2-D. COORDINATE WITH THE OFFICE OF GENERAL SERVICES AND THE DEPARTMENT
    4  OF ECONOMIC DEVELOPMENT TO PROVIDE A TRAINING PROGRAM ONCE PER YEAR,  IN
    5  EACH  ECONOMIC  DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN OF THE
    6  ECONOMIC DEVELOPMENT LAW, TO ENCOURAGE AND INCREASE PARTICIPATION IN THE
    7  PROCUREMENT PROCESS, PURSUANT TO ARTICLE ELEVEN  OF  THE  STATE  FINANCE
    8  LAW,  BY  SMALL BUSINESSES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE
    9  OF THE ECONOMIC DEVELOPMENT LAW, INCLUDING FARMS, SELLING FOOD  OR  FOOD
   10  PRODUCTS  GROWN, PRODUCED, HARVESTED, OR PROCESSED IN NEW YORK STATE AND
   11  ASSIST SUCH BUSINESSES IN IDENTIFYING SUCH FOOD OR FOOD PRODUCTS,  WHICH
   12  MAY  HELP TO MEET STATE AGENCIES' NEEDS.  THE DEPARTMENTS AND OFFICE MAY
   13  ALSO INVITE TO THE REGIONAL TRAINING PROGRAMS REPRESENTATIVES  OF  LOCAL
   14  GOVERNMENTS,  INCLUDING  SCHOOL  DISTRICTS,  THAT  MAY  BE INTERESTED IN
   15  PURCHASING NEW YORK STATE FOOD PRODUCTS.
   16    S 2. Section 100 of the economic development law is amended by  adding
   17  a new subdivision 18-i to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11055-08-4
       S. 5552--B                          2
    1    18-I.   TO AID THE DEPARTMENT OF AGRICULTURE AND MARKETS AND OFFICE OF
    2  GENERAL SERVICES IN PROVIDING A TRAINING PROGRAM ONCE PER YEAR, IN  EACH
    3  ECONOMIC DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN OF THIS CHAP-
    4  TER, TO ENCOURAGE AND INCREASE PARTICIPATION IN THE PROCUREMENT PROCESS,
    5  PURSUANT  TO  ARTICLE  ELEVEN  OF  THE STATE FINANCE LAW, BY SMALL BUSI-
    6  NESSES, AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE  OF  THIS  CHAPTER,
    7  INCLUDING   FARMS,  SELLING  FOOD  OR  FOOD  PRODUCTS  GROWN,  PRODUCED,
    8  HARVESTED, OR PROCESSED IN NEW YORK STATE AND ASSIST SUCH BUSINESSES  IN
    9  IDENTIFYING  SUCH  FOOD  OR  FOOD PRODUCTS, WHICH MAY HELP TO MEET STATE
   10  AGENCIES' NEEDS.
   11    S 3. Subparagraphs (vii), (viii), (ix), (x) and (xi) of paragraph b of
   12  subdivision 3 of section 163 of  the  state  finance  law,  subparagraph
   13  (vii)  as  added  by  chapter 584 of the laws of 2005, and subparagraphs
   14  (viii), (ix), (x) and (xi) as added by chapter 137 of the laws of  2008,
   15  are amended to read as follows:
   16    (vii) ASSIST THE DEPARTMENT OF AGRICULTURE AND MARKETS AND THE DEPART-
   17  MENT  OF  ECONOMIC  DEVELOPMENT IN PROVIDING A TRAINING PROGRAM ONCE PER
   18  YEAR, IN EACH ECONOMIC DEVELOPMENT REGION, ESTABLISHED IN ARTICLE ELEVEN
   19  OF THE ECONOMIC DEVELOPMENT LAW, TO ENCOURAGE AND INCREASE PARTICIPATION
   20  IN THE PROCUREMENT PROCESS, PURSUANT TO THIS  ARTICLE,  BY  SMALL  BUSI-
   21  NESSES,  AS  DEFINED  IN  SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC
   22  DEVELOPMENT LAW, INCLUDING FARMS, SELLING FOOD OR FOOD  PRODUCTS  GROWN,
   23  PRODUCED,  HARVESTED,  OR  PROCESSED  IN  NEW YORK STATE AND ASSIST SUCH
   24  BUSINESSES IN IDENTIFYING SUCH FOOD OR FOOD PRODUCTS WHICH MAY  HELP  TO
   25  MEET STATE AGENCIES' NEEDS.
   26    (VIII)  maintain a list of contractors which produce or manufacture or
   27  offer  for  sale  environmentally-sensitive  cleaning  and   maintenance
   28  products  in the form, function and utility generally used by elementary
   29  and secondary schools in accordance with  specifications  or  guidelines
   30  promulgated  pursuant  to  section  four hundred nine-i of the education
   31  law.
   32    [(viii)] (IX) review and consider prior to issuance of  bid  solicita-
   33  tions the term of the proposed contract based on factors, including, but
   34  not  limited  to; (A) the nature of the commodity, (B) the complexity of
   35  the procurement, (C) the identity and type of purchasers, (D) the  suit-
   36  ability  of  the  contract  for adding additional contractors during the
   37  term, and (E) the estimated contract value. This determination shall  be
   38  documented in the procurement record.
   39    [(ix)]  (X)  reasonably  consider  aggregate amount of public sales by
   40  potential vendors.
   41    [(x)] (XI) review and consider the feasibility  of  creating  regional
   42  contracts for commodities being procured by the state.
   43    [(xi)]  (XII)  maintain  a  procurement  record  for  each centralized
   44  contract procurement identifying, with supporting  documentation,  deci-
   45  sions  made  by  the  commissioner  during  the procurement process. The
   46  procurement record shall include, but not be limited to,  each  contract
   47  amendment, and the justification for each.
   48    S 4. This act shall take effect immediately; provided however that the
   49  amendments  made  to  subparagraphs (vii), (viii), (ix), (x) and (xi) of
   50  paragraph b of subdivision 3 of section 163 of the state finance law  by
   51  section  three  of  this act shall not affect the repeal of such section
   52  and shall be deemed repealed therewith.
feedback