HB3089ham001 102ND GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 2/28/2022

10200HB3089ham001 LRB102 10183 RJF 36840 a

AMENDMENT TO HOUSE BILL 3089

AMENDMENT NO. ______. Amend House Bill 3089 by replacing everything after the enacting clause with the following:

"Section 5. The Local Food, Farms, and Jobs Act is amended by changing Sections 5, 10, 15, 20, and 25 and by adding Section 13 as follows:

(30 ILCS 595/5)

Sec. 5. Definitions. As used in this Act:

"Food desert" means an area lacking fresh fruit, vegetables, and other healthful whole foods, due to a lack of grocery stores, farmers' markets, or healthy food providers.

"Local farm fresh produce or food products" are products: (1) grown in Illinois; or (2) processed and packaged in Illinois, using at least one ingredient grown in Illinois.

"Socially disadvantaged farmers" means farmers located in Illinois who have been subjected to racial or ethnic prejudices or who have been placed at a disadvantage because of their identity as a member of a racial or ethnic group without regard to their individual qualities. "Socially disadvantaged farmers" includes farmers who identify as a "minority person", as defined under Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and who have been certified as a minority-owned business by the Business Enterprise Program.

(Source: P.A. 101-258, eff. 1-1-20.)

(30 ILCS 595/10)

Sec. 10. Procurement goals for local farm fresh produce or food products.

(a) In order to create, strengthen, and expand local farm and food economies throughout Illinois, it shall be the goal of this State that 20% of all food and food products purchased by State agencies and State-owned facilities, including, without limitation, facilities for persons with mental health and developmental disabilities, correctional facilities, and public universities, shall, by 2020, be local farm fresh produce or food products.

(b) The State Local Food, Farms, and Jobs Council established under this Act shall support and encourage that 10% of food and food products purchased by entities funded in part or in whole by State dollars, which spend more than $25,000 per year on food or food products for its students, residents, or clients, including, without limitation, public schools, child care facilities, after-school programs, and hospitals, shall, by 2020, be local farm fresh produce or food products.

(c) To meet the goals set forth in this Section, when a State contract for purchase of food or food products is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of local farm fresh produce or food products may be given preference over other bidders, provided that the cost included in the bid of local farm fresh produce or food products is not more than 10% greater than the cost included in a bid that is not for local farm fresh produce or food products.

(d) All State agencies and State-owned facilities that purchase food and food products for use at State-owned facilities shall, with the assistance of the Local Food, Farms, and Jobs Council, develop a system for (i) identifying the percentage of local farm fresh produce or food products purchased for fiscal year 2011 as the baseline; and (ii) tracking and reporting local farm fresh produce or food products purchases on an annual basis.

(Source: P.A. 96-579, eff. 8-18-09.)

(30 ILCS 595/13 new)

Sec. 13. Socially disadvantaged farmers.

(a) To create, strengthen, and expand local farm and food economies throughout Illinois, and to create equity in those economies, it is the aspirational goal of this State for at least 10% of all of the food and food products purchased by State agencies to be local farm fresh produce or food products produced by socially disadvantaged farmers.

(b) It is also the aspirational goal of the State for at least 10% of the food and food products purchased by entities that are funded in part or in whole by State dollars and that spend more than $25,000 per year on food or food products to be local farm fresh produce or food products produced by socially disadvantaged farmers.

(c) To meet the goals set forth in this Section, when a State contract for the purchase of food or food products is to be awarded to the lowest responsive and responsible bidder, an otherwise qualified bidder who is a socially disadvantaged farmer that will fulfill the contract through the use of local farm fresh produce or food products may be given preference over other bidders, provided that the cost included in the bid of local farm fresh produce or food products is not more than 10% greater than the cost included in a bid that is not for local farm fresh produce or food products. A State agency purchasing fresh produce may request any information necessary to determine whether a bidder will fulfill the contract through the use of local farm fresh produce or food products.

(d) All State agencies that purchase food and food products for use at State-owned facilities shall develop a system for: (i) identifying the percentage of local farm fresh produce or food products produced by socially disadvantaged farmers and purchased for fiscal year 2020 as the baseline; and (ii) tracking and reporting local farm fresh produce or food products produced by socially disadvantaged farmers and purchased on an annual basis.

(30 ILCS 595/15)

Sec. 15. Creation of the Local Food, Farms, and Jobs Council.

(a) The General Assembly authorizes the Department of Agriculture, in accordance with Section 10 of the State Agency Entity Creation Act, to create the Local Food, Farms, and Jobs Council.

(b) The purpose of the Local Food, Farms, and Jobs Council shall be to facilitate the growth of an Illinois-based local farm and food product economy that revitalizes rural and urban communities, promotes healthy eating with access to fresh foods, creates jobs, ensures a readily available supply of safe food in an emergency event, and supports economic growth through making local farm fresh produce or food products available to all Illinois citizens.

(Source: P.A. 96-579, eff. 8-18-09.)

(30 ILCS 595/20)

Sec. 20. Responsibilities of the Local Food, Farms, and Jobs Council. The responsibilities of the Local Food, Farms, and Jobs Council include, but are not limited to, the following:

(a) To assist State agencies, State-owned facilities, and other entities with the purchase of local farm fresh produce or food products and with tracking and reporting of such purchases in order to meet the goals established in Section 10 of this Act.

(a-5) To assist State agencies, State-owned facilities, and other entities with the purchase of local farm fresh produce or food products produced by socially disadvantaged farmers and with tracking and reporting of such purchases to meet the goals established in Section 13 of this Act.

(b) To assist local farm and food entrepreneurs, including socially disadvantaged farmers, to identify and secure necessary resources and equipment to begin, maintain, and expand projects and networks necessary for the development of local farm fresh produce or food products; provided, however, that it is the intent of this Act that the Local Food, Farms, and Jobs Council will facilitate program start-ups and then relinquish rights, benefits, and control within a reasonably short duration of time.

(c) To facilitate the building of infrastructure, including aggregation, processing, storage, packaging, and distribution facilities necessary to move local farm fresh produce or food products to local and other markets.

(d) To support and expand programs that recruit, train, and provide technical assistance to Illinois farmers, including socially disadvantaged farmers, and residents in order to encourage the production of local farm fresh produce or food products.

(e) To coordinate interagency policies, initiatives, and procedures promoting local farm and food products in Illinois communities, by working with and involving State, federal, and local agencies, as well as community based organizations, educational institutions, and trade organizations in executing the purposes of this Act.

(f) To facilitate the elimination of social, racial, and legal barriers hindering the development of a local farm and food economy by working with federal, State, and local public health agencies, other agencies and applicable entities, and the Illinois Attorney General to create consistent and compatible regulations for the production, storage, distribution, and marketing of local farm fresh produce or food products.

(g) To facilitate the use of public lands for growing local farm fresh produce or food products by working with governmental entities at the local, State, and federal levels.

(h) To set annual goals for all purchases of local farm fresh produce or food products by Illinois residents and to monitor the development and expansion of a local farm and food economy through data collection, tracking, measurement, analysis, and reporting on progress made in an annual report to the Illinois General Assembly.

(i) (Blank).

(j) To initiate and facilitate public awareness campaigns about the economic benefits of a local farm and food economy.

(k) To facilitate and bolster access to more readily available healthy food options in areas considered to be a food desert, including support and expansion of programs utilizing local farm fresh produce or food products to provide increased food options in such areas.

(Source: P.A. 99-653, eff. 1-1-17.)

(30 ILCS 595/25)

Sec. 25. Governance of the Local Food, Farms, and Jobs Council.

(a) The Local Food, Farms, and Jobs Council shall be governed by a 20-member board of directors, which shall be comprised of the following:

(1) one representative each from the Department of Agriculture; the Department of Public Health; the Illinois Finance Authority; the Office of the State Treasurer; an agency tasked with responsibilities over economic or workforce development;

(2) one agricultural specialist from the University of Illinois Extension;

(3) one representative of the State's largest general farm organization;

(4) thirteen representatives, each of whom shall represent at least one of the following interests, and each interest shall be represented by at least one representative:

(A) local farm fresh produce or food product farmers representing different sectors, including, but not limited to, dairy, meat, vegetable, and grain;

(B) local farm fresh produce or food product producers representing different flower, fruit, viticulture, aquaculture, forestry, seeds, fiber, ornamental, or other specialty crop sectors;

(C) local farm fresh produce or food product processors or distributors, preferentially those operating cooperatively or under local ownership;

(D) not-for-profit educational organizations that specialize in supporting and expanding local farm fresh produce or food product networks;

(E) local farm fresh produce or food product retailers;

(F) municipalities in the State actively engaged in the development of local farm fresh produce or food products;

(G) banking, investment, or philanthropic communities with expertise in financing or supporting local foods production and infrastructure;

(H) community-based organizations focusing on access to local farm fresh produce or food products;

(I) restaurants or food service businesses, schools, or institutions that use or seek to increase and promote use of local foods; and

(J) employees working for businesses in the food system.

(b) The 15 non-state governmental board members shall be appointed by the Governor to 3-year staggered terms as determined by the Governor. Persons may be nominated by organizations representing the sectors outlined in subsection (a) of this Section. Vacancies shall be filled by the Governor.

(c) The Local Food, Farms, and Jobs Council may apply for and establish a not for profit corporation under the General Not For Profit Corporation Act of 1986.

(d) The board of directors shall have all the rights, titles, powers, privileges, and obligations provided for in the General Not For Profit Corporation Act of 1986. It shall elect its presiding officers from among its members and may elect or appoint an executive committee, other committees, and subcommittees to conduct the business of the organization.

(e) The Local Food, Farms, and Jobs Council may solicit grants, loans, and contributions from public or private sources and may enter into any contracts, grants, loans, or agreements with respect to the use of such funds to execute the purposes of this Act. No debt or obligation of the Local Food, Farms, and Jobs Council shall become the debt or obligation of the State.

(f) The Local Food, Farms, and Jobs Council shall not be considered a State Agency, and its funds shall be considered private funds and held in an appropriate account outside of the State Treasury. Private funds collected by the Local Food, Farms, and Jobs Council are not subject to the Public Funds Investment Act. Local Food, Farms, and Jobs Council procurement is exempt from the Illinois Procurement Code. The treasurer of Local Food, Farms, and Jobs Council funds shall be custodian of all Local Food, Farms, and Jobs Council funds. The Local Food, Farms, and Jobs Council and its officers shall be responsible for the approval of recording of receipts, approval of payments, and the proper filing of required reports. The Local Food, Farms, and Jobs Council's records shall be audited annually by an independent auditor who is a certified public accountant and has been selected by the Board. An annual report shall also be compiled by the Board. Both the annual report and the annual audit shall be filed with any public agency providing funds to the Local Food, Farms, and Jobs Council and be made available to the public.

(g) Subject to the availability of public or private funds, the board of directors may employ an executive director, treasurer, other staff, or independent contractors necessary to execute the purposes of this Act, and it may fix the compensation, benefits, terms, and conditions of those persons' employment.

(h) The State Governmental agencies represented on the board of directors may re-direct existing staff, as appropriations permit; assist in executing the purposes of this Act; and provide office space, meeting space, and other research and communication services as appropriate.

(i) The Local Food, Farms, and Jobs Council may be assisted in carrying out its functions by personnel of the Department of Agriculture. The Department shall provide reasonable assistance to the Local Food, Farms, and Jobs Council to help it achieve its purposes.

(Source: P.A. 99-653, eff. 1-1-17.)".