HB3557ham001 103RD GENERAL ASSEMBLY

Rep. Sonya M. Harper

Filed: 3/21/2023

10300HB3557ham001 LRB103 30287 DTM 59708 a

AMENDMENT TO HOUSE BILL 3557

AMENDMENT NO. ______. Amend House Bill 3557 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 and 10 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 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 develop a system for (i) identifying the percentage of local farm fresh produce or food products purchased for fiscal year 2021 as the baseline; and (ii) tracking and reporting local farm fresh produce or food products purchases on an annual basis.

(e) On January 1, 2024 and each January 1 thereafter, those State agencies and State-owned facilities that purchase food or food products shall publish in their respective procurement bulletins, in the form and format prescribed by the chief procurement officer, notice of their purchases of local farm or food products in the immediately preceding fiscal year.

(Source: P.A. 102-1119, eff. 1-23-23.)

(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.".