Amd §16, Ag & Mkts L; add §163-c, St Fin L; amd §180-a, Ec Dev L
Enacts the local food, farms, and jobs act; relates to the procurement of locally grown farm and food products; sets goals for levels of procurement by state agencies; creates the New York state council on food policy.
STATE OF NEW YORK
________________________________________________________________________
3374
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
___________
Introduced by Sen. SANDERS -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law, the state finance law,
and the economic development law, in relation to procurement of local-
ly grown farm and food products and codifying the New York state coun-
cil on food policy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "local food, farms, and jobs act".
3 § 2. Section 16 of the agriculture and markets law is amended by
4 adding a new subdivision 6-a to read as follows:
5 6-a. Establish a New York state council on food policy. The purpose
6 of the council shall be to facilitate the growth of a New York-based
7 local farm and food product economy that revitalizes rural and urban
8 communities, promotes healthy eating with access to fresh foods, creates
9 jobs, ensures a readily available supply of safe food in an emergency
10 event, and supports economic growth through making local farm or food
11 products available to all New York citizens.
12 (a) The responsibilities of the council shall include, but are not
13 limited to, the following:
14 (i) to develop and recommend a food policy for the state which recog-
15 nizes that it is in the best interests of the state to ensure the avail-
16 ability of an adequate supply of affordable, fresh and nutritious food
17 to its residents;
18 (ii) to develop and recommend state policies to expand agricultural
19 production, including locally-grown and organically-grown food;
20 (iii) to develop and recommend a strategic plan for implementation of
21 the state food policy, including benchmarks and criteria for measuring
22 progress in achieving state food policy objectives;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01406-01-7
S. 3374 2
1 (iv) to offer comments on state regulations, legislation and budget
2 proposals in the area of food policy, to ensure a coordinated and
3 comprehensive inter-agency approach to food policy issues;
4 (v) to assist state agencies, state-owned facilities, and other enti-
5 ties with the purchase of local farm or food products and with tracking
6 and reporting of such purchases in order to meet the goals established
7 in this section;
8 (vi) to assist local farm and food entrepreneurs to identify and
9 secure necessary resources and equipment to begin, maintain, and expand
10 projects and networks necessary for the development of local farm or
11 food products; provided, however, that the council will facilitate
12 program start-ups and then relinquish rights, benefits, and control
13 within a reasonably short duration of time;
14 (vii) to facilitate the building of infrastructure, including aggre-
15 gation, processing, storage, packaging, and distribution facilities
16 necessary to move local farm or food products to local and other
17 markets;
18 (viii) to support and expand programs that recruit, train, and provide
19 technical assistance to New York farmers and residents in order to
20 encourage the production of local farm or food products;
21 (ix) to coordinate interagency policies, initiatives, and procedures
22 promoting local farm and food products in New York communities, by work-
23 ing with and involving state, federal, and local agencies, as well as
24 community based organizations, educational institutions, and trade
25 organizations in executing the purposes of this section;
26 (x) to facilitate the elimination of legal barriers hindering the
27 development of a local farm and food economy by working with federal,
28 state, and local public health agencies, other agencies and applicable
29 entities, and the New York attorney general to create consistent and
30 compatible regulations for the production, storage, distribution, and
31 marketing of local farm or food products;
32 (xi) to facilitate the use of public lands for growing local farm or
33 food products by working with governmental entities at the local, state,
34 and federal levels;
35 (xii) to set annual goals for all purchases of local farm or food
36 products by New York residents and to monitor the development and expan-
37 sion of a local farm and food economy through data collection, tracking,
38 measurement, analysis, and reporting on progress made in an annual
39 report to the legislature; and
40 (xiii) to initiate and facilitate public awareness campaigns about the
41 economic benefits of a local farm and food economy.
42 (b) The council shall consist of thirty-five members as follows: the
43 commissioner, the commissioner of health, the commissioner of the office
44 of temporary and disability assistance, the commissioner of the office
45 of children and family services, the commissioner of education, the
46 commissioner of the department of economic development, the director of
47 the office for the aging and the director of the office of rural
48 affairs; four members with experience and expertise related to agricul-
49 ture, nutrition or food policy appointed on the recommendation of the
50 legislative leaders, one each by the temporary president of the senate,
51 the speaker of the assembly, the minority leader of the senate, and the
52 minority leader of the assembly; the dean of the New York state college
53 of agriculture and life sciences; one member representing farm organiza-
54 tions; one member representing school food administrators; one member
55 representing consumers; two members representing an organization that
56 provides food assistance; one member representing anti-hunger advocates;
S. 3374 3
1 one member who is a nutritionist; two members representing the food
2 industry, who are producers, distributors, processors or retailers in
3 the state of New York, at least one of whom produces organic food; four
4 local farm or food product farmers representing different agribusiness
5 sectors, including, but not limited to, the dairy, meat, vegetable, and
6 grain sectors; two representatives of not-for-profit educational organ-
7 izations that specialize in supporting and expanding local farm or food
8 product networks; one certifier of specialty local farm or food
9 products, such as an organic, naturally grown, biodynamic, Halal, or
10 Kosher certifier; one representative from a philanthropic organization
11 supporting the development of local farm or food products; two municipal
12 representatives from different communities in the state actively engaged
13 in the development of local farm or food products; two representatives
14 from community-based organizations focusing on access to local farm or
15 food products, including at least three minority members; and one chef
16 specializing in the preparation of locally grown foods.
17 (c) The twenty-seven non-state governmental board members shall be
18 appointed by the governor to three-year staggered terms as determined by
19 the governor. Such persons may be nominated by organizations represent-
20 ing the sectors outlined in paragraph (b) of this subdivision. Vacancies
21 shall be filled by the governor.
22 (d) The council may apply for and establish a not-for-profit corpo-
23 ration.
24 (e) The board of directors shall elect its presiding officers from
25 among its members and may elect or appoint an executive committee, other
26 committees, and subcommittees to conduct the business of the organiza-
27 tion.
28 (f) The council may solicit grants, loans, and contributions from
29 public or private sources and may enter into any contracts, grants,
30 loans, or agreements with respect to the use of such funds to execute
31 the purposes of this subdivision.
32 (g) The council shall issue a written report on the first day of
33 December each year on: (i) the activities of the council during the
34 preceding year; (ii) recommended food policies for the state; (iii)
35 recommended changes to the strategic plan; (iv) an account of the
36 progress made in achieving the goals of the council; and (v) actions
37 which are necessary to implement the recommendations of the council and
38 effectuate its purposes.
39 (h) Subject to the availability of public or private funds, the board
40 of directors may employ an executive director, treasurer, other staff,
41 or independent contractors necessary to execute the purposes of this
42 subdivision, and it may fix the compensation, benefits, terms, and
43 conditions of those persons' employment.
44 (i) The state governmental agencies represented on the board of direc-
45 tors may re-direct existing staff, as appropriations permit; assist in
46 executing the purposes of this subdivision; and provide office space,
47 meeting space, and other research and communication services as appro-
48 priate.
49 (j) No member of the council shall be disqualified from holding any
50 public office or employment, nor shall he or she forfeit any such office
51 or employment by virtue of his or her appointment hereunder. Members of
52 the council shall receive no compensation for their services but shall
53 be allowed their actual and necessary expenses incurred in the perform-
54 ance of their functions hereunder. All members of the council shall
55 serve at the pleasure of the governor and vacancies shall be filled in
56 the same manner as original appointments.
S. 3374 4
1 § 3. The state finance law is amended by adding a new section 163-c to
2 read as follows:
3 § 163-c. Procurement goals for local farm or food products. 1. For
4 the purposes of this section, "local farm or food products" are products
5 grown, processed, packaged, and distributed by New York citizens or
6 businesses located wholly within the borders of New York state.
7 2. (a) In order to create, strengthen, and expand local farm and food
8 economies throughout New York, it shall be the goal of this state that:
9 (i) twenty percent of all food and food products purchased by state
10 agencies and state-owned facilities, including, without limitation,
11 facilities for persons with mental health and developmental disabili-
12 ties, correctional facilities, and public universities, shall, by two
13 thousand eighteen, be local farm or food products; and
14 (ii) fifty percent of all food and food products purchased by state
15 agencies and state-owned facilities, including, without limitation,
16 facilities for persons with mental health and developmental disabili-
17 ties, correctional facilities, and public universities, shall, by two
18 thousand twenty-two, be local farm or food products.
19 (b) The New York state council on food policy shall support and
20 encourage that twenty-five percent of food and food products purchased
21 by entities funded in part or in whole by state funds, which spend more
22 than twenty-five thousand dollars per year on food or food products for
23 its students, residents, or clients, including, without limitation,
24 public schools, child care facilities, after-school programs, and hospi-
25 tals, shall, by two thousand nineteen, be local farm or food products.
26 The goal shall increase to forty percent by two thousand twenty-four.
27 (c) To meet the goals set forth in this section, when a state contract
28 for purchase of food or food products is to be awarded to the lowest
29 responsible bidder, an otherwise qualified bidder who will fulfill the
30 contract through the use of local farm or food products may be given
31 preference over other bidders, provided that the cost included in the
32 bid of local farm or food products is not more than ten percent greater
33 than the cost included in a bid that is not for local farm or food
34 products.
35 (d) All state agencies and state-owned facilities that purchase food
36 and food products shall, with the assistance of the New York state coun-
37 cil on food policy, develop a system for (i) identifying the percentage
38 of local farm or food products purchased for fiscal year two thousand
39 eighteen as the baseline; and (ii) tracking and reporting local farm or
40 food products purchases on an annual basis.
41 § 4. Section 16 of the agriculture and markets law is amended by
42 adding a new subdivision 49 to read as follows:
43 49. Establish, and make available on its website, a geo-coded elec-
44 tronic database to facilitate the purchase of fresh produce and food
45 products by schools. The database shall be developed jointly with the
46 New York state council on food policy and, at a minimum, contain the
47 information necessary for (a) schools to identify and contact agricul-
48 tural producers that are interested in supplying schools in the state
49 with fresh produce and food products and (b) agricultural producers of
50 fresh produce and food products to identify schools in the state that
51 are interested in purchasing those products.
52 § 5. Subdivisions 8 and 9 of section 180-a of the economic development
53 law, as added by chapter 550 of the laws of 1999, are amended to read as
54 follows:
55 8. geographically balanced public input and advice from individuals
56 and agencies directly involved with the production, processing, manufac-
S. 3374 5
1 turing and storage of agricultural products; and such other individuals
2 and agencies as may be engaged in state and local activities in support
3 of economic development in the agriculture resource industry; [and]
4 9. the establishment and purposes of the New York state council on
5 food policy established pursuant to subdivision six-a of section sixteen
6 of the agriculture and markets law; and
7 10. all things necessary or convenient to carry out the functions,
8 powers and duties expressly set forth in this article.
9 § 6. This act shall take effect immediately.
