Bill Text: IL HB3089 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with changes. Provides that it shall be the goal of the State that at least 10% (rather than 20%) of all food and food products purchased by State agencies shall be local farm fresh produce or food products produced by socially disadvantaged farmers. Removes references to State-owned facilities and the Local Food, Farms, and Jobs Council with respect to procurement goals under the Act. Changes the defined term "local farm or food products" to "local farm fresh produce or food products". Specifies that "socially disadvantaged farmers" for purposes of the Act means such persons located in Illinois and includes persons who have been certified as a minority-owned business by the Business Enterprise Program. Provides that a State agency purchasing fresh produce may request any information necessary to determine whether a bidder will fulfill the contract through local farm fresh produce or food products. Makes conforming and other changes.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB3089 Detail]

Download: Illinois-2021-HB3089-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Local Food, Farms, and Jobs Act is amended
by changing Sections 5, 10, 15, 20, and 25 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

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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 Local Food, Farms, and Jobs Council
established under this Act 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

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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, with the assistance of the Local Food,
Farms, and Jobs Council, develop a system for (i) identifying
the percentage of local farm fresh produce or food products
purchased for fiscal year 2011 as the baseline; and (ii)
tracking and reporting local farm fresh produce or food
products purchases on an annual basis.
(Source: P.A. 96-579, eff. 8-18-09.)
(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

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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.

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(30 ILCS 595/15)
Sec. 15. Creation of the Local Food, Farms, and Jobs
Council.
(a) The General Assembly authorizes the Department of
Agriculture, in accordance with Section 10 of the State Agency
Entity Creation Act, to create the Local Food, Farms, and Jobs
Council.
(b) The purpose of the Local Food, Farms, and Jobs Council
shall be to facilitate the growth of an Illinois-based local
farm and food product economy that revitalizes rural and urban
communities, promotes healthy eating with access to fresh
foods, creates jobs, ensures a readily available supply of
safe food in an emergency event, and supports economic growth
through making local farm fresh produce or food products
available to all Illinois citizens.
(Source: P.A. 96-579, eff. 8-18-09.)
(30 ILCS 595/20)
Sec. 20. Responsibilities of the Local Food, Farms, and
Jobs Council. The responsibilities of the Local Food, Farms,
and Jobs Council include, but are not limited to, the
following:
(a) To assist State agencies, State-owned facilities,
and other entities with the purchase of local farm fresh
produce or food products and with tracking and reporting
of such purchases in order to meet the goals established

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in Section 10 of this Act.
(a-5) To assist State agencies, State-owned
facilities, and other entities with the purchase of local
farm fresh produce or food products produced by socially
disadvantaged farmers and with tracking and reporting of
such purchases to meet the goals established in Section 13
of this Act.
(b) To assist local farm and food entrepreneurs,
including socially disadvantaged farmers, to identify and
secure necessary resources and equipment to begin,
maintain, and expand projects and networks necessary for
the development of local farm fresh produce or food
products; provided, however, that it is the intent of this
Act that the Local Food, Farms, and Jobs Council will
facilitate program start-ups and then relinquish rights,
benefits, and control within a reasonably short duration
of time.
(c) To facilitate the building of infrastructure,
including aggregation, processing, storage, packaging, and
distribution facilities necessary to move local farm fresh
produce or food products to local and other markets.
(d) To support and expand programs that recruit,
train, and provide technical assistance to Illinois
farmers, including socially disadvantaged farmers, and
residents in order to encourage the production of local
farm fresh produce or food products.

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(e) To coordinate interagency policies, initiatives,
and procedures promoting local farm and food products in
Illinois communities, by working with and involving State,
federal, and local agencies, as well as community based
organizations, educational institutions, and trade
organizations in executing the purposes of this Act.
(f) To facilitate the elimination of social, racial,
and legal barriers hindering the development of a local
farm and food economy by working with federal, State, and
local public health agencies, other agencies and
applicable entities, and the Illinois Attorney General to
create consistent and compatible regulations for the
production, storage, distribution, and marketing of local
farm fresh produce or food products.
(g) To facilitate the use of public lands for growing
local farm fresh produce or food products by working with
governmental entities at the local, State, and federal
levels.
(h) To set annual goals for all purchases of local
farm fresh produce or food products by Illinois residents
and to monitor the development and expansion of a local
farm and food economy through data collection, tracking,
measurement, analysis, and reporting on progress made in
an annual report to the Illinois General Assembly.
(i) (Blank).
(j) To initiate and facilitate public awareness

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campaigns about the economic benefits of a local farm and
food economy.
(k) To facilitate and bolster access to more readily
available healthy food options in areas considered to be a
food desert, including support and expansion of programs
utilizing local farm fresh produce or food products to
provide increased food options in such areas.
(Source: P.A. 99-653, eff. 1-1-17.)
(30 ILCS 595/25)
Sec. 25. Governance of the Local Food, Farms, and Jobs
Council.
(a) The Local Food, Farms, and Jobs Council shall be
governed by a 20-member board of directors, which shall be
comprised of the following:
(1) one representative each from the Department of
Agriculture; the Department of Public Health; the Illinois
Finance Authority; the Office of the State Treasurer; an
agency tasked with responsibilities over economic or
workforce development;
(2) one agricultural specialist from the University of
Illinois Extension;
(3) one representative of the State's largest general
farm organization;
(4) thirteen representatives, each of whom shall
represent at least one of the following interests, and

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each interest shall be represented by at least one
representative:
(A) local farm fresh produce or food product
farmers representing different sectors, including, but
not limited to, dairy, meat, vegetable, and grain;
(B) local farm fresh produce or food product
producers representing different flower, fruit,
viticulture, aquaculture, forestry, seeds, fiber,
ornamental, or other specialty crop sectors;
(C) local farm fresh produce or food product
processors or distributors, preferentially those
operating cooperatively or under local ownership;
(D) not-for-profit educational organizations that
specialize in supporting and expanding local farm
fresh produce or food product networks;
(E) local farm fresh produce or food product
retailers;
(F) municipalities in the State actively engaged
in the development of local farm fresh produce or food
products;
(G) banking, investment, or philanthropic
communities with expertise in financing or supporting
local foods production and infrastructure;
(H) community-based organizations focusing on
access to local farm fresh produce or food products;
(I) restaurants or food service businesses,

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schools, or institutions that use or seek to increase
and promote use of local foods; and
(J) employees working for businesses in the food
system.
(b) The 15 non-state governmental board members shall be
appointed by the Governor to 3-year staggered terms as
determined by the Governor. Persons may be nominated by
organizations representing the sectors outlined in subsection
(a) of this Section. Vacancies shall be filled by the
Governor.
(c) The Local Food, Farms, and Jobs Council may apply for
and establish a not for profit corporation under the General
Not For Profit Corporation Act of 1986.
(d) The board of directors shall have all the rights,
titles, powers, privileges, and obligations provided for in
the General Not For Profit Corporation Act of 1986. It shall
elect its presiding officers from among its members and may
elect or appoint an executive committee, other committees, and
subcommittees to conduct the business of the organization.
(e) The Local Food, Farms, and Jobs Council may solicit
grants, loans, and contributions from public or private
sources and may enter into any contracts, grants, loans, or
agreements with respect to the use of such funds to execute the
purposes of this Act. No debt or obligation of the Local Food,
Farms, and Jobs Council shall become the debt or obligation of
the State.

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(f) The Local Food, Farms, and Jobs Council shall not be
considered a State Agency, and its funds shall be considered
private funds and held in an appropriate account outside of
the State Treasury. Private funds collected by the Local Food,
Farms, and Jobs Council are not subject to the Public Funds
Investment Act. Local Food, Farms, and Jobs Council
procurement is exempt from the Illinois Procurement Code. The
treasurer of Local Food, Farms, and Jobs Council funds shall
be custodian of all Local Food, Farms, and Jobs Council funds.
The Local Food, Farms, and Jobs Council and its officers shall
be responsible for the approval of recording of receipts,
approval of payments, and the proper filing of required
reports. The Local Food, Farms, and Jobs Council's records
shall be audited annually by an independent auditor who is a
certified public accountant and has been selected by the
Board. An annual report shall also be compiled by the Board.
Both the annual report and the annual audit shall be filed with
any public agency providing funds to the Local Food, Farms,
and Jobs Council and be made available to the public.
(g) Subject to the availability of public or private
funds, the board of directors may employ an executive
director, treasurer, other staff, or independent contractors
necessary to execute the purposes of this Act, and it may fix
the compensation, benefits, terms, and conditions of those
persons' employment.
(h) The State Governmental agencies represented on the

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board of directors may re-direct existing staff, as
appropriations permit; assist in executing the purposes of
this Act; and provide office space, meeting space, and other
research and communication services as appropriate.
(i) The Local Food, Farms, and Jobs Council may be
assisted in carrying out its functions by personnel of the
Department of Agriculture. The Department shall provide
reasonable assistance to the Local Food, Farms, and Jobs
Council to help it achieve its purposes.
(Source: P.A. 99-653, eff. 1-1-17.)