Provides that certain purchase contracts to purchase food can be awarded to a qualified bidder who fulfills certain values based procurement standards when such bid is not more than 10% higher than the lowest responsible bidder and when the bidder makes publicly available data on where such bidder sources their food items; sets forth the criteria for values based procurement standards to include local economies, environmental resilience, racial equity, valued workforce, valued agricultural sector, animal welfare, and nutrition.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8091A
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the general municipal law, in relation to the awarding
of certain purchase contracts to purchase food
PURPOSE OR GENERAL IDEA OF BILL:
To provide that certain purchase contracts can be awarded to a qualified
bidder who fulfills certain values-based standards when such bid is not
more than 10% higher than the lowest responsible bidder.
SUMMARY OF PROVISIONS:
Section one amends the general municipal law in relation to allowing
contracts for public work to select an otherwise qualified bidder who
fulfills one or more of the values based procurement standards.
Section two establishes the values based procurement standards and
criteria. Section three states the effective date.
JUSTIFICATION:
New York State procurement laws have not been updated for over fifty
years and are among the nation's most restrictive. Local governments and
institutions currently have to choose the lowest responsible bidder when
bidding out a project and are unable to take into account any other
criteria. This bill will finally give municipalities in New York state
the opportunity to choose a bidder for a project, who is no more than
10% more expensive than the lowest responsible, if the bidder can satis-
fy at least one of the listed criteria.
This bill establishes a procurement model that encourages buying power
centered on the values of local economies, environmental sustainability,
racial equity, valued workforce, farmers first, animal welfare, and
nutrition. This new framework allows municipalities to choose bidders
who exemplify values important to them through specific criteria laid
out in this legislation under the categories listed above, emphasizing
local food, good environmental practices, participation in State
programs like Grown and Certified, and other priorities.
It aims to improve the practices of New York State's largest producers
and suppliers while simultaneously expanding access to institutional
contracting opportunities for small and historically marginalized farm-
ers, producers, and suppliers.
Increasing local food purchasing has the potential to improve the health
of New Yorkers and generate a food system that is environmentally
friendly, economically viable, socially responsible, and more humane.
Providing institutions with the framework and tools to help practice
values-based purchasing will increase transparency along the supply
chain and build a more equitable and sustainable food system for New
York State.
PRIOR LEGISLATIVE HISTORY:
2024: Vetoed, memo 133
2023: 5.6955/A.7264 PASSED SENATE/third reading calendar
2021-22: S.7534/A.8580 REFERRED TO PROCUREMENT/referred to local govern-
ments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
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 when upon such date the provisions of
section two of this act shall take effect.
