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.