What's happening
This bill removes spending limits and allows school districts to prioritize local and regional agricultural products when making purchases.
Why it matters
School districts will now be able to spend more freely on local and regional agricultural products. , which could increase demand for goods from New York farmers and potentially boost the local agricultural economy.
The bill empowers school districts to include preferences for local or regional products in their bid specifications. , so long as the distance is reasonably related to the quality or type of goods or services needed—this could mean fresher food and a reduced carbon footprint from transportation.
Safeguards are included to ensure fair access for all producers and growers, and to minimize bureaucratic burden. , so both schools and suppliers should find it easier to participate in the farm-to-school program without excessive paperwork.
If local or regional products are not available, or no acceptable bids are submitted, the locality preference can be waived. , ensuring that schools can still procure necessary goods even if local sources are insufficient.
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Who cares
Headline styles
Let Schools Buy Local Food
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to local government
- Returned to senate
- Died in assembly
- Referred to local governments
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.110
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Schools Buy Local Food
In Assembly Committee · Education · Sponsor Carrie Woerner
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
252
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to facilitating school districts in purchasing local agricultural products
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (b), (b-1) and (c) of subdivision 9 of section 103 of the general municipal law, paragraphs (b) and (c) as amended and paragraph (b-1) as added by chapter 90 of the laws of 2017, are amended to read as follows:
(b) [the amount that may be expended by a school district in any fiscal year for such purchases shall not exceed an amount equal to twenty cents multiplied by the total number of days in the school year multiplied by the total enrollment of such school district;
(b-1) the amount that may be expended by a board of cooperative educational services in any fiscal year for such purchases shall not exceed an amount equal to twenty cents multiplied by the total number of days in the school year multiplied by the number of students receiving services by such board of cooperative educational services at facilities operated by a board of cooperative educational services;
(c)] all such purchases shall be administered pursuant to regulations promulgated by the commissioner of education. Such regulations shall: be developed in consultation with the commissioner of agriculture and markets to accommodate and promote the provisions of the farm-to-school program established pursuant to subdivision five-b of section sixteen of the agriculture and markets law and subdivision thirty-one of section three hundred five of the education law as added by chapter two of the laws of two thousand [two] one; ensure that the prices paid by a district or board of cooperative educational services for any items so purchased do not exceed the prices of comparable local farm products
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03672-02-9
S. 252 2
that are available to districts through their usual purchases of such items; ensure that all producers and growers who desire to sell to school districts or boards of cooperative educational services can readily access information in accordance with the farm-to-school law; include provisions for situations when more than one producer or grower seeks to sell the same product to a district or board of cooperative educational services to ensure that all such producers or growers have an equitable opportunity to do so in a manner similar to the usual purchasing practices of such districts or boards of cooperative educational services; develop guidelines for approval of purchases of items from associations of more than ten growers and producers; and, to the maximum extent practicable, minimize additional paperwork, recordkeeping and other similar requirements on both growers and producers and school districts.
§ 2. Section 103 of the general municipal law is amended by adding a new subdivision 17 to read as follows:
17. (a) When a board of education, on behalf of a school or school district, advertises an offer for bids, it may include in its specifications language favoring local or regional procurement where proximity to the offeror is reasonably related to the performance of the services or the provision of the goods, including the type or quality of goods, being sought.
(b) Upon a determination by the board of education advertising such a bid that the goods or services included in such an offer are not available locally or regionally, any language specifying proximity to the offeror shall be waived until the next contract for such goods or services is let out for bid.
(c) In the event that a board of education receives no acceptable bids it may waive the language specifying proximity to the offeror and shall award a contract in accordance with other applicable statutes.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made by the commissioner of the department of agriculture and markets in consultation with the commissioner of the department of education on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general municipal law, in relation to facilitating school districts in purchasing local agricultural products
Purpose
By removing certain limitations imposed by the General Municipal Law, this bill will help schools that wish to integrate a variety of local agricultural products in to their food services be able to do so.
Summary of provisions
The cap on limited local purchasing imposed by Article 5-A of the Gener- al Municipal Law, section 103, subdivision 9, paragraph b will be removed in its entirety. That article and section of the General Munici- pal Law will also have a new subdivision added, 16. That subdivision would allow a Board of Education to include language in an offer for bids favoring local or regional procurement if certain standards were met.
Justification
Allowing schools to put a regional preference into their bid requests would financially benefit local agricultural producers and distributors with little risk of state expense. Expanding the market for local produce might also create new markets for New York's hardworking farmers by encouraging larger distributors to invest in their connections with smaller regional producers. This could help co-ops or farms without the resources to independently participate in a bidding process to access local school procurement programs. In addition, students would benefit from what could potentially be a wider variety of fresher fruits, vege- tables and other farm products.
The major impediment to schools that wish to put out bids for a range of local agricultural products is section 103 of the General Municipal Law ("GML"). Comptroller's Opinions 91-52 and 92-50 have interpreted the GML to allow local preferences to be included in bid offers in certain conditions. This bill follows the language used by those opinions and makes them, subject to restrictions, explicitly applicable to offers for bids made by a board of education. This will be done in such as way as to keep the protections the GAL affords to public funds intact.
Legislative history
2017-2018: S.1430A/A.7011A
Fiscal implications
Minimal.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law; provided however, that effective immediately the addition, amendment, and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date is authorized and directed to be made by the commissioner of the department of agriculture and markets in consultation with the commissioner of the department of education on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.