Full Text of HB3557 103rd General Assembly
HB3557ham001 103RD GENERAL ASSEMBLY | Rep. Sonya M. Harper Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3557
| 2 | | AMENDMENT NO. ______. Amend House Bill 3557 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Local Food, Farms, and Jobs Act is amended | 5 | | by changing Sections 5 and 10 and by adding Section 13 as | 6 | | follows: | 7 | | (30 ILCS 595/5) | 8 | | Sec. 5. Definitions. As used in this Act: | 9 | | "Food desert" means an area lacking fresh fruit, | 10 | | vegetables, and other healthful whole foods, due to a lack of | 11 | | grocery 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 | 14 | | Illinois, using at least one ingredient grown in Illinois.
| 15 | | "Socially disadvantaged farmers" means farmers located in | 16 | | Illinois who have been subjected to racial or ethnic |
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| 1 | | prejudices or who have been placed at a disadvantage because | 2 | | of their identity as a member of a racial or ethnic group | 3 | | without regard to their individual qualities. "Socially | 4 | | disadvantaged farmers" includes farmers who identify as a | 5 | | "minority person", as defined under Section 2 of the Business | 6 | | Enterprise for Minorities, Women, and Persons with | 7 | | Disabilities Act, and who have been certified as a | 8 | | minority-owned business by the Business Enterprise Program. | 9 | | (Source: P.A. 101-258, eff. 1-1-20 .) | 10 | | (30 ILCS 595/10)
| 11 | | Sec. 10. Procurement goals for local farm fresh produce or | 12 | | food products. | 13 | | (a) In order to create, strengthen, and expand local farm | 14 | | and food economies throughout Illinois, it shall be the goal | 15 | | of this State that 20% of all food and food products purchased | 16 | | by State agencies and State-owned facilities, including, | 17 | | without limitation, facilities for persons with mental health | 18 | | and developmental disabilities, correctional facilities, and | 19 | | public universities, shall, by 2020, be local farm fresh | 20 | | produce or food products.
| 21 | | (b) The State shall support and encourage that 10% of food | 22 | | and food products purchased by entities funded in part or in | 23 | | whole by State dollars, which spend more than $25,000 per year | 24 | | on food or food products for its students, residents, or | 25 | | clients, including, without limitation, public schools, child |
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| 1 | | care facilities, after-school programs, and hospitals, shall, | 2 | | by 2020, be local farm fresh produce or food products.
| 3 | | (c) To meet the goals set forth in this Section, when a | 4 | | State contract for purchase of food or food products is to be | 5 | | awarded to the lowest responsible bidder, an otherwise | 6 | | qualified bidder who will fulfill the contract through the use | 7 | | of local farm fresh produce or food products may be given | 8 | | preference over other bidders, provided that the cost included | 9 | | in the bid of local farm fresh produce or food products is not | 10 | | more than 10% greater than the cost included in a bid that is | 11 | | not for local farm fresh produce or food products.
| 12 | | (d) All State agencies and State-owned facilities that | 13 | | purchase food and food products for use at State-owned | 14 | | facilities shall develop a system for (i) identifying the | 15 | | percentage of local farm fresh produce or food products | 16 | | purchased for fiscal year 2021 as the baseline; and (ii) | 17 | | tracking and reporting local farm fresh produce or food | 18 | | products purchases on an annual basis.
| 19 | | (e) On January 1, 2024 and each January 1 thereafter, | 20 | | those State agencies and State-owned facilities that
purchase | 21 | | food or food products shall publish in their respective | 22 | | procurement bulletins, in the form and format prescribed by | 23 | | the chief procurement officer, notice of their purchases of | 24 | | local farm or food products
in the immediately preceding | 25 | | fiscal year. | 26 | | (Source: P.A. 102-1119, eff. 1-23-23.) |
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| 1 | | (30 ILCS 595/13 new) | 2 | | Sec. 13. Socially disadvantaged farmers. | 3 | | (a) To create, strengthen, and expand local farm and food | 4 | | economies throughout Illinois, and to create equity in those | 5 | | economies, it is the aspirational goal of this State for at | 6 | | least 10% of all of the food and food products purchased by | 7 | | State agencies to be local farm fresh produce or food products | 8 | | produced by socially disadvantaged farmers. | 9 | | (b) It is also the aspirational goal of the State for at | 10 | | least 10% of the food and food products purchased by entities | 11 | | that are funded in part or in whole by State dollars and that | 12 | | spend more than $25,000 per year on food or food products to be | 13 | | local farm fresh produce or food products produced by socially | 14 | | disadvantaged farmers. | 15 | | (c) To meet the goals set forth in this Section, when a | 16 | | State contract for the purchase of food or food products is to | 17 | | be awarded to the lowest responsive and responsible bidder, an | 18 | | otherwise qualified bidder who is a socially disadvantaged | 19 | | farmer that will fulfill the contract through the use of local | 20 | | farm fresh produce or food products may be given preference | 21 | | over other bidders, provided that the cost included in the bid | 22 | | of local farm fresh produce or food products is not more than | 23 | | 10% greater than the cost included in a bid that is not for | 24 | | local farm fresh produce or food products. A State agency | 25 | | purchasing fresh produce may request any
information necessary |
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| 1 | | to determine whether a bidder will fulfill
the contract | 2 | | through the use of local farm fresh produce or food products. | 3 | | (d) All State agencies that purchase food and food | 4 | | products for use at State-owned facilities shall develop a | 5 | | system for: (i) identifying the percentage of local farm fresh | 6 | | produce or food products produced by socially disadvantaged | 7 | | farmers and purchased for fiscal year 2020 as the baseline; | 8 | | and (ii) tracking and reporting local farm fresh produce or | 9 | | food products produced by socially disadvantaged farmers and | 10 | | purchased on an annual basis. ".
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