103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3557

 

Introduced 2/17/2023, by Rep. Sonya M. Harper

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 595/5
30 ILCS 595/10
30 ILCS 595/13 new

    Amends the Local Food, Farms, and Jobs Act. Defines terms. Provides that it shall be the goal of this State that at least 20% of all food and food products purchased by State agencies and State-owned facilities shall be local farm or food products produced by socially disadvantaged farmers. Provides that the Local Food, Farms, and Jobs Council shall support and encourage that 10% of food and food products purchased by entities funded in part or in whole by State dollars shall be local farm or food products produced by socially disadvantaged farmers. Provides for a preference in the awarding of State contracts to socially disadvantaged farmers. Requires State agencies to develop a system of tracking the purchase of farm fresh produce and food products as provided.


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A BILL FOR

 

HB3557LRB103 30287 DTM 56715 b

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 shall support and encourage that 10% of food
15and food products purchased by entities funded in part or in
16whole by State dollars, which spend more than $25,000 per year
17on food or food products for its students, residents, or
18clients, including, without limitation, public schools, child
19care facilities, after-school programs, and hospitals, shall,
20by 2020, be local farm fresh produce or food products.
21    (c) To meet the goals set forth in this Section, when a
22State contract for purchase of food or food products is to be
23awarded to the lowest responsible bidder, an otherwise
24qualified bidder who will fulfill the contract through the use
25of local farm fresh produce or food products may be given

 

 

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1preference over other bidders, provided that the cost included
2in the bid of local farm fresh produce or food products is not
3more than 10% greater than the cost included in a bid that is
4not for local farm fresh produce or food products.
5    (d) All State agencies and State-owned facilities that
6purchase food and food products for use at State-owned
7facilities shall develop a system for (i) identifying the
8percentage of local farm fresh produce or food products
9purchased for fiscal year 2021 as the baseline; and (ii)
10tracking and reporting local farm fresh produce or food
11products purchases on an annual basis.
12    (e) On January 1, 2024 and each January 1 thereafter,
13those State agencies and State-owned facilities that purchase
14food or food products shall publish in their respective
15procurement bulletins, in the form and format prescribed by
16the chief procurement officer, notice of their purchases of
17local farm or food products in the immediately preceding
18fiscal year.
19(Source: P.A. 102-1119, eff. 1-23-23.)
 
20    (30 ILCS 595/13 new)
21    Sec. 13. Socially disadvantaged farmers.
22    (a) To create, strengthen, and expand local farm and food
23economies throughout Illinois, and to create equity in those
24economies, it is the aspirational goal of this State for at
25least 10% of all of the food and food products purchased by

 

 

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1State agencies to be local farm fresh produce or food products
2produced by socially disadvantaged farmers.
3    (b) It is also the aspirational goal of the State for at
4least 10% of the food and food products purchased by entities
5that are funded in part or in whole by State dollars and that
6spend more than $25,000 per year on food or food products to be
7local farm fresh produce or food products produced by socially
8disadvantaged farmers.
9    (c) To meet the goals set forth in this Section, when a
10State contract for the purchase of food or food products is to
11be awarded to the lowest responsive and responsible bidder, an
12otherwise qualified bidder who is a socially disadvantaged
13farmer that will fulfill the contract through the use of local
14farm fresh produce or food products may be given preference
15over other bidders, provided that the cost included in the bid
16of local farm fresh produce or food products is not more than
1710% greater than the cost included in a bid that is not for
18local farm fresh produce or food products. A State agency
19purchasing fresh produce may request any information necessary
20to determine whether a bidder will fulfill the contract
21through the use of local farm fresh produce or food products.
22    (d) All State agencies that purchase food and food
23products for use at State-owned facilities shall develop a
24system for: (i) identifying the percentage of local farm fresh
25produce or food products produced by socially disadvantaged
26farmers and purchased for fiscal year 2020 as the baseline;

 

 

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1and (ii) tracking and reporting local farm fresh produce or
2food products produced by socially disadvantaged farmers and
3purchased on an annual basis.