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| | HB4922 Engrossed | | LRB104 17466 BDA 30892 b |
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| 1 | | AN ACT concerning agriculture. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 3. Findings. The General Assembly finds that: |
| 5 | | (1) Beginning in Fiscal Year 2021, the State of |
| 6 | | Illinois appropriated funds to support socially |
| 7 | | disadvantaged farmers, recognizing persistent barriers to |
| 8 | | land access, capital, infrastructure, and market |
| 9 | | participation. |
| 10 | | (2) A portion of those appropriations has remained |
| 11 | | unexpended across multiple fiscal years, limiting the |
| 12 | | intended impact of those funds. |
| 13 | | (3) Emerging and socially disadvantaged farmers |
| 14 | | continue to face systemic and structural barriers that |
| 15 | | constrain agricultural production, business viability, and |
| 16 | | participation in local and regional food systems. |
| 17 | | (4) Deploying these unexpended funds through a |
| 18 | | flexible, accessible grant program administered by the |
| 19 | | Illinois Department of Agriculture will strengthen |
| 20 | | Illinois' agricultural economy, advance equity, and |
| 21 | | improve food security across urban, suburban, and rural |
| 22 | | communities. |
| 23 | | Section 5. The Department of Agriculture Law of the Civil |
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| 1 | | Administrative Code of Illinois is amended by adding Section |
| 2 | | 205-455 as follows: |
| 3 | | (20 ILCS 205/205-455 new) |
| 4 | | Sec. 205-455. Emerging and Socially Disadvantaged Farmers |
| 5 | | Infrastructure and Market Access Grant Program. |
| 6 | | (a) In this Section: |
| 7 | | "Eligible applicant" means an emerging farmer, a socially |
| 8 | | disadvantaged farmer, or a farm entity primarily owned, |
| 9 | | controlled, or governed by one or more emerging or socially |
| 10 | | disadvantaged farmers and operating or proposing to operate |
| 11 | | within Illinois. |
| 12 | | "Emerging farmer" means a farmer or aspiring farmer who is |
| 13 | | a member of or represents one or more of the following groups: |
| 14 | | (1) women; |
| 15 | | (2) veterans; |
| 16 | | (3) persons with disabilities; |
| 17 | | (4) American Indian or Alaska Native persons; |
| 18 | | (5) members of communities of color; |
| 19 | | (6) young persons; |
| 20 | | (7) lesbian, gay, bisexual, transgender, queer, |
| 21 | | intersex, or asexual (LGBTQIA+) persons; |
| 22 | | (8) urban farmers; or |
| 23 | | (9) any other emerging farmers as determined by the |
| 24 | | Director to further the purposes of this Section. |
| 25 | | "Infrastructure" means facilities, improvements, and |
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| 1 | | systems necessary for agricultural production and market |
| 2 | | access, including land preparation, on-farm utilities, |
| 3 | | post-harvest handling, processing, storage, aggregation, and |
| 4 | | distribution. |
| 5 | | "Social disadvantage" means diminished opportunity and |
| 6 | | disproportionate barriers to entering, operating, sustaining, |
| 7 | | or expanding a farm business that are reasonably linked to |
| 8 | | such discrimination and not solely attributable to individual |
| 9 | | business decisions. |
| 10 | | "Socially disadvantaged farmer" means an individual farmer |
| 11 | | or aspiring farmer who has experienced, or whose farming |
| 12 | | operation has experienced, social disadvantage as a result of |
| 13 | | systemic or chronic discrimination or bias in access to land, |
| 14 | | credit, capital, insurance, technical assistance, education, |
| 15 | | training, markets, or participation in public or private |
| 16 | | agricultural programs, on the basis of one or more of the |
| 17 | | following actual or perceived characteristics: race, color, |
| 18 | | ethnicity, national origin, ancestry, sex, pregnancy or |
| 19 | | childbirth-related status, sexual orientation, gender identity |
| 20 | | or expression, religion, age, disability, marital or familial |
| 21 | | status, or immigration or citizenship status. |
| 22 | | (b) The Department shall establish and administer the |
| 23 | | Emerging and Socially Disadvantaged Farmers Infrastructure and |
| 24 | | Market Access Grant Program to provide grants to eligible |
| 25 | | applicants for the purpose of increasing agricultural |
| 26 | | production, strengthening farm viability, and expanding access |
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| 1 | | to markets within the State. |
| 2 | | (c) This Program is subject to appropriation, which may |
| 3 | | include appropriations equivalent to the amounts that were |
| 4 | | appropriated but not expended in Fiscal Years 2021, 2022, |
| 5 | | 2023, 2024, and 2025 for emerging or socially disadvantaged |
| 6 | | farmers. |
| 7 | | (d) Grant funds may be used for, but are not limited to: |
| 8 | | (1) capital and infrastructure improvements; |
| 9 | | (2) equipment and supply purchases; |
| 10 | | (3) operational and working capital expenses; and |
| 11 | | (4) market access, aggregation, transportation, and |
| 12 | | distribution expenses. |
| 13 | | (e) The Department shall establish grant award tiers and |
| 14 | | shall not require matching funds. Priority shall be given to |
| 15 | | applicants who: |
| 16 | | (1) have not previously received State agricultural |
| 17 | | grants; |
| 18 | | (2) operate small-scale or limited-resource farm |
| 19 | | operations; |
| 20 | | (3) demonstrate barriers consistent with the |
| 21 | | definition of socially disadvantaged farmer; and |
| 22 | | (4) propose projects that increase food production, |
| 23 | | create jobs, or expand access to Illinois-grown products. |
| 24 | | (f) The Department shall adopt rules to implement and |
| 25 | | administer this Section. These rules may allow eligibility |
| 26 | | verification through self-attestation or other reasonable |