Illinois General Assembly - Full Text of HB3089
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Full Text of HB3089  102nd General Assembly

HB3089eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Local Food, Farms, and Jobs Act is amended
5by changing Sections 5, 10, 15, 20, and 25 and by adding
6Section 13 as follows:
 
7    (30 ILCS 595/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Food desert" means an area lacking fresh fruit,
10vegetables, and other healthful whole foods, due to a lack of
11grocery stores, farmers' markets, or healthy food providers.
12    "Local farm fresh produce or food products" are products:
13(1) grown in Illinois; or (2) processed and packaged in
14Illinois, using at least one ingredient grown in Illinois.
15    "Socially disadvantaged farmers" means farmers located in
16Illinois who have been subjected to racial or ethnic
17prejudices or who have been placed at a disadvantage because
18of their identity as a member of a racial or ethnic group
19without regard to their individual qualities. "Socially
20disadvantaged farmers" includes farmers who identify as a
21"minority person", as defined under Section 2 of the Business
22Enterprise for Minorities, Women, and Persons with
23Disabilities Act, and who have been certified as a

 

 

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1minority-owned business by the Business Enterprise Program.
2(Source: P.A. 101-258, eff. 1-1-20.)
 
3    (30 ILCS 595/10)
4    Sec. 10. Procurement goals for local farm fresh produce or
5food products.
6    (a) In order to create, strengthen, and expand local farm
7and food economies throughout Illinois, it shall be the goal
8of this State that 20% of all food and food products purchased
9by State agencies and State-owned facilities, including,
10without limitation, facilities for persons with mental health
11and developmental disabilities, correctional facilities, and
12public universities, shall, by 2020, be local farm fresh
13produce or food products.
14    (b) The State Local Food, Farms, and Jobs Council
15established under this Act shall support and encourage that
1610% of food and food products purchased by entities funded in
17part or in whole by State dollars, which spend more than
18$25,000 per year on food or food products for its students,
19residents, or clients, including, without limitation, public
20schools, child care facilities, after-school programs, and
21hospitals, shall, by 2020, be local farm fresh produce or food
22products.
23    (c) To meet the goals set forth in this Section, when a
24State contract for purchase of food or food products is to be
25awarded to the lowest responsible bidder, an otherwise

 

 

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1qualified bidder who will fulfill the contract through the use
2of local farm fresh produce or food products may be given
3preference over other bidders, provided that the cost included
4in the bid of local farm fresh produce or food products is not
5more than 10% greater than the cost included in a bid that is
6not for local farm fresh produce or food products.
7    (d) All State agencies and State-owned facilities that
8purchase food and food products for use at State-owned
9facilities shall, with the assistance of the Local Food,
10Farms, and Jobs Council, develop a system for (i) identifying
11the percentage of local farm fresh produce or food products
12purchased for fiscal year 2011 as the baseline; and (ii)
13tracking and reporting local farm fresh produce or food
14products purchases on an annual basis.
15(Source: P.A. 96-579, eff. 8-18-09.)
 
16    (30 ILCS 595/13 new)
17    Sec. 13. Socially disadvantaged farmers.
18    (a) To create, strengthen, and expand local farm and food
19economies throughout Illinois, and to create equity in those
20economies, it is the aspirational goal of this State for at
21least 10% of all of the food and food products purchased by
22State agencies to be local farm fresh produce or food products
23produced by socially disadvantaged farmers.
24    (b) It is also the aspirational goal of the State for at
25least 10% of the food and food products purchased by entities

 

 

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1that are funded in part or in whole by State dollars and that
2spend more than $25,000 per year on food or food products to be
3local farm fresh produce or food products produced by socially
4disadvantaged farmers.
5    (c) To meet the goals set forth in this Section, when a
6State contract for the purchase of food or food products is to
7be awarded to the lowest responsive and responsible bidder, an
8otherwise qualified bidder who is a socially disadvantaged
9farmer that will fulfill the contract through the use of local
10farm fresh produce or food products may be given preference
11over other bidders, provided that the cost included in the bid
12of local farm fresh produce or food products is not more than
1310% greater than the cost included in a bid that is not for
14local farm fresh produce or food products. A State agency
15purchasing fresh produce may request any information necessary
16to determine whether a bidder will fulfill the contract
17through the use of local farm fresh produce or food products.
18    (d) All State agencies that purchase food and food
19products for use at State-owned facilities shall develop a
20system for: (i) identifying the percentage of local farm fresh
21produce or food products produced by socially disadvantaged
22farmers and purchased for fiscal year 2020 as the baseline;
23and (ii) tracking and reporting local farm fresh produce or
24food products produced by socially disadvantaged farmers and
25purchased on an annual basis.
 

 

 

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1    (30 ILCS 595/15)
2    Sec. 15. Creation of the Local Food, Farms, and Jobs
3Council.
4    (a) The General Assembly authorizes the Department of
5Agriculture, in accordance with Section 10 of the State Agency
6Entity Creation Act, to create the Local Food, Farms, and Jobs
7Council.
8    (b) The purpose of the Local Food, Farms, and Jobs Council
9shall be to facilitate the growth of an Illinois-based local
10farm and food product economy that revitalizes rural and urban
11communities, promotes healthy eating with access to fresh
12foods, creates jobs, ensures a readily available supply of
13safe food in an emergency event, and supports economic growth
14through making local farm fresh produce or food products
15available to all Illinois citizens.
16(Source: P.A. 96-579, eff. 8-18-09.)
 
17    (30 ILCS 595/20)
18    Sec. 20. Responsibilities of the Local Food, Farms, and
19Jobs Council. The responsibilities of the Local Food, Farms,
20and Jobs Council include, but are not limited to, the
21following:
22        (a) To assist State agencies, State-owned facilities,
23    and other entities with the purchase of local farm fresh
24    produce or food products and with tracking and reporting
25    of such purchases in order to meet the goals established

 

 

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1    in Section 10 of this Act.
2        (a-5) To assist State agencies, State-owned
3    facilities, and other entities with the purchase of local
4    farm fresh produce or food products produced by socially
5    disadvantaged farmers and with tracking and reporting of
6    such purchases to meet the goals established in Section 13
7    of this Act.
8        (b) To assist local farm and food entrepreneurs,
9    including socially disadvantaged farmers, to identify and
10    secure necessary resources and equipment to begin,
11    maintain, and expand projects and networks necessary for
12    the development of local farm fresh produce or food
13    products; provided, however, that it is the intent of this
14    Act that the Local Food, Farms, and Jobs Council will
15    facilitate program start-ups and then relinquish rights,
16    benefits, and control within a reasonably short duration
17    of time.
18        (c) To facilitate the building of infrastructure,
19    including aggregation, processing, storage, packaging, and
20    distribution facilities necessary to move local farm fresh
21    produce or food products to local and other markets.
22        (d) To support and expand programs that recruit,
23    train, and provide technical assistance to Illinois
24    farmers, including socially disadvantaged farmers, and
25    residents in order to encourage the production of local
26    farm fresh produce or food products.

 

 

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1        (e) To coordinate interagency policies, initiatives,
2    and procedures promoting local farm and food products in
3    Illinois communities, by working with and involving State,
4    federal, and local agencies, as well as community based
5    organizations, educational institutions, and trade
6    organizations in executing the purposes of this Act.
7        (f) To facilitate the elimination of social, racial,
8    and legal barriers hindering the development of a local
9    farm and food economy by working with federal, State, and
10    local public health agencies, other agencies and
11    applicable entities, and the Illinois Attorney General to
12    create consistent and compatible regulations for the
13    production, storage, distribution, and marketing of local
14    farm fresh produce or food products.
15        (g) To facilitate the use of public lands for growing
16    local farm fresh produce or food products by working with
17    governmental entities at the local, State, and federal
18    levels.
19        (h) To set annual goals for all purchases of local
20    farm fresh produce or food products by Illinois residents
21    and to monitor the development and expansion of a local
22    farm and food economy through data collection, tracking,
23    measurement, analysis, and reporting on progress made in
24    an annual report to the Illinois General Assembly.
25        (i) (Blank).
26        (j) To initiate and facilitate public awareness

 

 

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1    campaigns about the economic benefits of a local farm and
2    food economy.
3        (k) To facilitate and bolster access to more readily
4    available healthy food options in areas considered to be a
5    food desert, including support and expansion of programs
6    utilizing local farm fresh produce or food products to
7    provide increased food options in such areas.
8(Source: P.A. 99-653, eff. 1-1-17.)
 
9    (30 ILCS 595/25)
10    Sec. 25. Governance of the Local Food, Farms, and Jobs
11Council.
12    (a) The Local Food, Farms, and Jobs Council shall be
13governed by a 20-member board of directors, which shall be
14comprised of the following:
15        (1) one representative each from the Department of
16    Agriculture; the Department of Public Health; the Illinois
17    Finance Authority; the Office of the State Treasurer; an
18    agency tasked with responsibilities over economic or
19    workforce development;
20        (2) one agricultural specialist from the University of
21    Illinois Extension;
22        (3) one representative of the State's largest general
23    farm organization;
24        (4) thirteen representatives, each of whom shall
25    represent at least one of the following interests, and

 

 

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1    each interest shall be represented by at least one
2    representative:
3            (A) local farm fresh produce or food product
4        farmers representing different sectors, including, but
5        not limited to, dairy, meat, vegetable, and grain;
6            (B) local farm fresh produce or food product
7        producers representing different flower, fruit,
8        viticulture, aquaculture, forestry, seeds, fiber,
9        ornamental, or other specialty crop sectors;
10            (C) local farm fresh produce or food product
11        processors or distributors, preferentially those
12        operating cooperatively or under local ownership;
13            (D) not-for-profit educational organizations that
14        specialize in supporting and expanding local farm
15        fresh produce or food product networks;
16            (E) local farm fresh produce or food product
17        retailers;
18            (F) municipalities in the State actively engaged
19        in the development of local farm fresh produce or food
20        products;
21            (G) banking, investment, or philanthropic
22        communities with expertise in financing or supporting
23        local foods production and infrastructure;
24            (H) community-based organizations focusing on
25        access to local farm fresh produce or food products;
26            (I) restaurants or food service businesses,

 

 

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1        schools, or institutions that use or seek to increase
2        and promote use of local foods; and
3            (J) employees working for businesses in the food
4        system.
5    (b) The 15 non-state governmental board members shall be
6appointed by the Governor to 3-year staggered terms as
7determined by the Governor. Persons may be nominated by
8organizations representing the sectors outlined in subsection
9(a) of this Section. Vacancies shall be filled by the
10Governor.
11    (c) The Local Food, Farms, and Jobs Council may apply for
12and establish a not for profit corporation under the General
13Not For Profit Corporation Act of 1986.
14    (d) The board of directors shall have all the rights,
15titles, powers, privileges, and obligations provided for in
16the General Not For Profit Corporation Act of 1986. It shall
17elect its presiding officers from among its members and may
18elect or appoint an executive committee, other committees, and
19subcommittees to conduct the business of the organization.
20    (e) The Local Food, Farms, and Jobs Council may solicit
21grants, loans, and contributions from public or private
22sources and may enter into any contracts, grants, loans, or
23agreements with respect to the use of such funds to execute the
24purposes of this Act. No debt or obligation of the Local Food,
25Farms, and Jobs Council shall become the debt or obligation of
26the State.

 

 

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1    (f) The Local Food, Farms, and Jobs Council shall not be
2considered a State Agency, and its funds shall be considered
3private funds and held in an appropriate account outside of
4the State Treasury. Private funds collected by the Local Food,
5Farms, and Jobs Council are not subject to the Public Funds
6Investment Act. Local Food, Farms, and Jobs Council
7procurement is exempt from the Illinois Procurement Code. The
8treasurer of Local Food, Farms, and Jobs Council funds shall
9be custodian of all Local Food, Farms, and Jobs Council funds.
10The Local Food, Farms, and Jobs Council and its officers shall
11be responsible for the approval of recording of receipts,
12approval of payments, and the proper filing of required
13reports. The Local Food, Farms, and Jobs Council's records
14shall be audited annually by an independent auditor who is a
15certified public accountant and has been selected by the
16Board. An annual report shall also be compiled by the Board.
17Both the annual report and the annual audit shall be filed with
18any public agency providing funds to the Local Food, Farms,
19and Jobs Council and be made available to the public.
20    (g) Subject to the availability of public or private
21funds, the board of directors may employ an executive
22director, treasurer, other staff, or independent contractors
23necessary to execute the purposes of this Act, and it may fix
24the compensation, benefits, terms, and conditions of those
25persons' employment.
26    (h) The State Governmental agencies represented on the

 

 

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1board of directors may re-direct existing staff, as
2appropriations permit; assist in executing the purposes of
3this Act; and provide office space, meeting space, and other
4research and communication services as appropriate.
5    (i) The Local Food, Farms, and Jobs Council may be
6assisted in carrying out its functions by personnel of the
7Department of Agriculture. The Department shall provide
8reasonable assistance to the Local Food, Farms, and Jobs
9Council to help it achieve its purposes.
10(Source: P.A. 99-653, eff. 1-1-17.)