SB2008eng 104TH GENERAL ASSEMBLY

SB2008 Engrossed LRB104 11383 HLH 21471 b

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Grocery Initiative Act is amended by changing Section 5 as follows:

(20 ILCS 750/5)

Sec. 5. Definitions. In this Act:

"Cooperative" means an organization that is organized according to the Co-operative Act.

"Department" means the Department of Commerce and Economic Opportunity.

"Food desert" means a census tract that:

(1) meets one of the following poverty standards:

(A) the census tract has a poverty rate of at least 20%; or

(B) the census tract is not located within a metropolitan statistical area and has a median family income that is less than or equal to 80% of the statewide median household income; or

(C) the census tract is located within a metropolitan statistical area and has a median family income that is less than or equal to 80% of the greater of (i) the statewide median household income or (ii) the metropolitan area median family income; and

(2) meets one of the following population density and food accessibility standards:

(A) the census tract is a rural tract, and at least 33% of the population of the tract or at least 500 residents in the tract reside more than 10 miles from the nearest grocery store; or

(B) the census tract is an urban tract, and at least 33% of the population of the tract or at least 500 residents in the tract reside more than one-half mile from the nearest grocery store.

The Department may also designate an area that does not meet the standards set forth in this definition as a food desert if the designation is made in accordance with criteria established by the Department by rule using data that includes, but is not limited to, poverty metrics and access to existing grocery stores.

"Grocery store" means an existing or planned retail establishment that: (1) has or will have a primary business of selling a variety of grocery products, including fresh produce; (2) derives or will derive no more than 30% of its revenue from sales of tobacco and alcohol in any given year; (3) is or will be classified as a supermarket or other grocery retailer in the 2022 North American Industry Classification System under code 445110; (4) accepts or will accept Supplemental Nutrition Assistance Program benefits and Special Supplemental Nutrition Program for Women, Infants, and Children benefits; and (5) provides or will provide for the retail sale of a substantial variety of perishable foods, including fresh or frozen dairy products, fresh produce, and fresh meats, poultry, and fish.

"Independently owned" means an applicant that:

(1) in a municipality with a population less than 1,000,000, owns no more than 4 grocery stores in the State of Illinois and has no more than 500 employees; or

(2) in a municipality with a population of 1,000,000 or more, owns no more than 10 grocery stores and has no more than 1,500 employees.

"Local ownership" means that primary ownership is located within the State of Illinois.

"Local governmental unit" means any county, municipality, township, special district, or unit that is designated as a unit of local government by law and exercises limited governmental powers or powers in respect to limited governmental subjects. "Local governmental unit" also includes any school district or community college district.

"Not-for-profit corporation" means an organization or institution that is organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation and that is organized according to the General Not For Profit Corporation Act of 1986.

"Rural tract" means a census tract that is not an urban tract.

"Urban tract" means a census tract having its geographic centroid in an urban area, as defined by the Bureau of the Census for the most recent year in which all relevant data to identify food deserts is available.

(Source: P.A. 103-561, eff. 1-1-24.)