New York Assembly Bill A08091

New York 2025-2026 Regular Session

• Introduced: 4/25/25
• Refer: 4/25/25
• Report Pass: 6/12/25
• Refer: 6/12/25
• Report Pass: 6/17/25

Caption

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.

Summary

This bill amends New York’s General Municipal Law section 103 to create a new procurement option for food purchase contracts. In addition to the existing lowest-responsible-bidder and best-value rules, it allows certain food contracts to be awarded to a New York-based bidder that meets one or more “values based procurement standards,” even if that bid is up to 10% higher than the lowest responsible bid. It also allows food contracts to be awarded on a best-value basis to a New York-based bidder that meets those standards. The bill requires bidders on food purchase contracts to submit relevant supply chain data, including information from subcontractors, and requires the contracting public entity to post that information on its website, subject to existing public records exemptions. The bill defines the qualifying standards broadly to include local sourcing, environmental resilience, racial equity, worker protections, fair pricing for farmers, animal welfare, and nutrition-focused food products. It also specifies that the law takes effect immediately, with a reversion clause tied to an existing sunset provision in section 103.

Impact

The bill would change state municipal procurement law by carving out food purchase contracts from the general rule that public contracts go to the lowest responsible bidder, adding a preference framework for New York-based food suppliers that meet specified social, environmental, labor, agricultural, animal welfare, or nutrition criteria. It would affect political subdivisions, districts, boards, and agencies that buy food, and would require them to collect and publish supply chain data for those contracts. The measure also interacts with existing best-value procurement authority and existing public officers law disclosure limits.

Sentiment

The available voting history suggests generally favorable sentiment among Assembly committees, with the Ways and Means Committee advancing the bill 24-10 and the Rules Committee advancing it 21-9. That pattern indicates meaningful support, but not unanimity, reflecting a bill that is broadly aligned with policy goals around local food systems and ethical procurement while still drawing some opposition. No committee transcript is available, so the record here is limited to the votes and bill text.

Contention

The main points of contention are likely the departure from strict low-bid procurement, the allowance to pay up to 10% more for qualifying food bids, and the breadth of the values-based criteria. Supporters appear to favor using public purchasing power to promote local economies, climate resilience, labor rights, racial equity, animal welfare, and healthier food. Opponents may be concerned about higher costs, administrative burden, verification of supply-chain and values-based claims, and whether the standards are too expansive or subjective for municipal procurement.