Enacts the "buy from the backyard act"

Section 2 amends § 165(4) of the State Finance Law requiring that during each fiscal year, not less than 20% of food products purchased through contracts on behalf of facilities and institutions of the State, be products grown, produced, or harvested in New York State, or that any processing of such food products took place within New York State. This section also classifies the term competitive purchasing to be deemed established when the cost of such products are not more than ten percent higher than other food products.

Section 3 amends the Agriculture and Markets Law by adding a new section requiring a yearly report, on or before March 1st of each year, by the Commissioner of Agriculture and Markets, to the Governor and Legislature regarding the compliance by State agencies with § 165(4) of State Finance Law.

Section 4 is the effective date.

Existing law

Article 11 of the State Finance Law pertains to state purchasing. Section 165 of the State Finance Law provides purchasing restrictions. Subdivision 4(a) currently provides, when letting contracts for the purchase of food products on behalf of facilities and institutions of the state, solicitation specifications of the office of general services and any other agency, department, office, board or commission, may require provisions that mandate that all or some of the required food products are grown, produced or harvested in New York State, or that any processing of such food products take place in facilities located within New York State. There is no current statutory requirement that a certain percentage of foods bought by state agencies be derived from New York State. Furthermore, there are no statutory prescriptions that food products purchased by state agencies must be certified New York grown by the Commissioner of the Department of Agriculture and Markets.

Section 5 of the Agriculture and Markets Law provides the authorities, qualifications and responsibilities of the Commissioner of Agriculture and Markets. There are no statutory requirements that the Commissioner produce and promulgate a report relative to the food products purchased through contracts on behalf of facilities and institutions of the state, pursuant to § 165(4) of State Finance Law.

Justification

This bill expands an existing program that encourages the purchase of local food products by State agencies by requiring that not less than 20% of food products purchased through contracts on behalf of facilities and institutions of the State be products grown, produced, or harvested in New York State. These purchases by State agencies will boost the agricultural economy of New York State. For these reasons it is imperative that this legislation is enacted.

Legislative history

2015: S.831 Passed Senate 2014: S.978 Passed Senate 2013: S.978 Passed Senate 2012: S.2468 - Passed Senate 2011: S.2468 - Passed Senate 2010: S.6974 - Referred to Finance

Fiscal implications

This legislation is likely to result in significant spending in local agricultural industries, which employ many local workers. As one of the top industries in the State, agriculture is a vital part of our efforts to create new jobs. There may be a slight cost to the State due to the competitive pricing flexibility allowed in the bill.

Effective date

This act will take effect on the first of April next succeeding the date on which it shall have become a law.