Bill Amendment: IL HB4922 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: EMERGING FARMER GRANT PROGRAM
Status: 2026-05-26 - Added as Alternate Co-Sponsor Sen. Javier L. Cervantes [HB4922 Detail]
Download: Illinois-2025-HB4922-House_Amendment_002.html
Bill Title: EMERGING FARMER GRANT PROGRAM
Status: 2026-05-26 - Added as Alternate Co-Sponsor Sen. Javier L. Cervantes [HB4922 Detail]
Download: Illinois-2025-HB4922-House_Amendment_002.html
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| 1 | AMENDMENT TO HOUSE BILL 4922 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4922 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 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. Yet | ||||||
| 17 | these farmers are often at the front lines of serving | ||||||
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| 1 | communities facing food insecurity, diet-related disease, | ||||||
| 2 | and economic hardship. | ||||||
| 3 | (4) Targeted investment in these farmers will increase | ||||||
| 4 | food security and rebuild local economies in communities | ||||||
| 5 | where it is needed most. | ||||||
| 6 | (5) Deploying previously unexpended funds through a | ||||||
| 7 | flexible, accessible grant program administered under this | ||||||
| 8 | Act will strengthen Illinois' agricultural economy and | ||||||
| 9 | improve public health outcomes across urban, suburban, and | ||||||
| 10 | rural communities. | ||||||
| 11 | Section 5. The Department of Commerce and Economic | ||||||
| 12 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
| 13 | is amended by adding Section 605-1106 as follows: | ||||||
| 14 | (20 ILCS 605/605-1106 new) | ||||||
| 15 | Sec. 605-1106. Emerging and Socially Disadvantaged Farmers | ||||||
| 16 | Infrastructure and Market Access Grant Program. | ||||||
| 17 | (a) In this Section: | ||||||
| 18 | "Department" means the Department of Commerce and Economic | ||||||
| 19 | Opportunity. | ||||||
| 20 | "Emerging farmer" means a farmer or aspiring farmer who is | ||||||
| 21 | a member of or represents one or more of the following groups: | ||||||
| 22 | women; veterans; persons with disabilities; American Indian or | ||||||
| 23 | Alaska Native persons; members of communities of color; | ||||||
| 24 | farmers under 40 years of age; lesbian, gay, bisexual, | ||||||
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| 1 | transgender, queer, intersex, or asexual (LGBTQIA+) persons; | ||||||
| 2 | urban farmers; or other emerging farmers as the Director of | ||||||
| 3 | Commerce and Economic Opportunity determines are consistent | ||||||
| 4 | with the purposes of this Section. | ||||||
| 5 | "Food desert" has the meaning given in Section 5 of the | ||||||
| 6 | Grocery Initiative Act. | ||||||
| 7 | "Fund" means the Emerging and Socially Disadvantaged | ||||||
| 8 | Farmers Infrastructure and Market Access Grant Fund. | ||||||
| 9 | "Heirs' property operator" means a person farming real | ||||||
| 10 | property held as heirs' property, including land to which | ||||||
| 11 | title is held by multiple heirs without a formal partition or | ||||||
| 12 | probate. | ||||||
| 13 | "Infrastructure" means facilities, improvements, and | ||||||
| 14 | systems necessary for agricultural production and market | ||||||
| 15 | access, including land preparation; on-farm utilities; | ||||||
| 16 | post-harvest handling; processing; storage; aggregation; and | ||||||
| 17 | distribution. | ||||||
| 18 | "Social disadvantage" means diminished opportunity and | ||||||
| 19 | disproportionate barriers to entering, operating, sustaining, | ||||||
| 20 | or expanding a farm business that are reasonably linked to | ||||||
| 21 | discrimination and not solely attributable to individual | ||||||
| 22 | business decisions. | ||||||
| 23 | "Socially disadvantaged farmer" means an individual farmer | ||||||
| 24 | or aspiring farmer who has experienced, or whose farming | ||||||
| 25 | operation has experienced, social disadvantage as a result of | ||||||
| 26 | systemic or chronic discrimination or bias in access to land, | ||||||
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| 1 | credit, capital, insurance, technical assistance, education, | ||||||
| 2 | training, markets, or participation in public or private | ||||||
| 3 | agricultural programs, on the basis of one or more actual or | ||||||
| 4 | perceived characteristics, including race, color, ethnicity, | ||||||
| 5 | national origin, ancestry, sex, pregnancy or | ||||||
| 6 | childbirth-related status, sexual orientation, gender identity | ||||||
| 7 | or expression, religion, age, disability, marital or familial | ||||||
| 8 | status, or immigration or citizenship status. | ||||||
| 9 | "Underserved community" means a census tract, | ||||||
| 10 | municipality, or geographic area in which at least 20% of | ||||||
| 11 | residents live below the federal poverty guidelines published | ||||||
| 12 | by the U.S. Department of Health and Human Services or that | ||||||
| 13 | meets criteria for disproportionate economic hardship, limited | ||||||
| 14 | access to essential services, or historic disinvestment, | ||||||
| 15 | including barriers related to income, race or ethnicity, | ||||||
| 16 | disability, age, language access, or educational attainment. | ||||||
| 17 | (b) The Emerging and Socially Disadvantaged Farmers | ||||||
| 18 | Infrastructure and Market Access Grant Fund is created as a | ||||||
| 19 | special fund in the State treasury. Subject to appropriation, | ||||||
| 20 | the Department must use moneys in the Fund to make grants under | ||||||
| 21 | this Section and to pay necessary administrative costs of the | ||||||
| 22 | Department. The Department may prioritize using amounts | ||||||
| 23 | equivalent to prior appropriations for disadvantaged and urban | ||||||
| 24 | farmers that were not expended in Fiscal Years 2021, 2022, | ||||||
| 25 | 2023, 2024, and 2025. Administrative costs paid from the Fund | ||||||
| 26 | may not exceed 10% of amounts appropriated to the Fund in a | ||||||
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| 1 | fiscal year. | ||||||
| 2 | (c) The Department shall establish the Emerging and | ||||||
| 3 | Socially Disadvantaged Farmers Infrastructure and Market | ||||||
| 4 | Access Grant Program to provide grants to eligible applicants | ||||||
| 5 | for: | ||||||
| 6 | (1) improving access to local food in communities | ||||||
| 7 | experiencing food insecurity; | ||||||
| 8 | (2) strengthening local and regional food systems; | ||||||
| 9 | (3) increasing farm productivity and resilience among | ||||||
| 10 | emerging and socially disadvantaged farmers; and | ||||||
| 11 | (4) ensuring equitable deployment of previously | ||||||
| 12 | unspent State funds intended to support socially | ||||||
| 13 | disadvantaged farmers. | ||||||
| 14 | (d) The Department shall: | ||||||
| 15 | (1) develop an annual plan outlining anticipated | ||||||
| 16 | needs, goals, potential challenges, technical assistance | ||||||
| 17 | plans, and material changes from the prior year; | ||||||
| 18 | (2) develop a marketing and promotion plan to promote | ||||||
| 19 | the grant to eligible entities; | ||||||
| 20 | (3) distribute grant funding consistent with this | ||||||
| 21 | Section; | ||||||
| 22 | (4) provide technical assistance to program applicants | ||||||
| 23 | and awardees, including translation and accessibility | ||||||
| 24 | support; training on application completion and | ||||||
| 25 | compliance; and assistance with project planning and | ||||||
| 26 | implementation to ensure projects meet program | ||||||
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| 1 | requirements; and | ||||||
| 2 | (5) issue annually to the Governor and the General | ||||||
| 3 | Assembly and publish on the Department's website a report | ||||||
| 4 | that details grant awards, expenditures, and program | ||||||
| 5 | outcomes and includes: | ||||||
| 6 | (A) a list of all applications received in the | ||||||
| 7 | previous calendar year; | ||||||
| 8 | (B) a list of all recipients and the nature and | ||||||
| 9 | amount of each award; | ||||||
| 10 | (C) a summary of recipient types as defined by | ||||||
| 11 | eligibility and preference criteria, reported in | ||||||
| 12 | aggregate without personally identifying information; | ||||||
| 13 | (D) a summary of the geographic distribution of | ||||||
| 14 | awards by county or region; and | ||||||
| 15 | (E) a statement of the economic impact of grants | ||||||
| 16 | made in the previous calendar year. | ||||||
| 17 | (e) Eligible applicants include Illinois-resident farmers, | ||||||
| 18 | not-for-profit farms based in Illinois, and farmer collectives | ||||||
| 19 | or cooperatives with fewer than 25 members headquartered in | ||||||
| 20 | Illinois. Each applicant must have operated a farm for less | ||||||
| 21 | than 10 years immediately before applying and must meet at | ||||||
| 22 | least one of the following criteria: | ||||||
| 23 | (1) the farm is located within a food desert; | ||||||
| 24 | (2) the farm is located within an underserved | ||||||
| 25 | community; | ||||||
| 26 | (3) the farm earns less than $350,000 in gross income | ||||||
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| 1 | annually; or | ||||||
| 2 | (4) the farm has less than 5 acres. | ||||||
| 3 | In awarding grants, priority shall be given to: (i) | ||||||
| 4 | socially disadvantaged farmers; (ii) emerging farmers; (iii) | ||||||
| 5 | heirs' property operators; and (iv) cooperatives or | ||||||
| 6 | collectives controlled or governed by one or more emerging or | ||||||
| 7 | socially disadvantaged farmers. | ||||||
| 8 | At least 80% of awarded grants must go to priority | ||||||
| 9 | applicants. Awards to not-for-profit entities may not exceed | ||||||
| 10 | 50% of total grants awarded. The Department may give | ||||||
| 11 | additional preference to applicants that have not previously | ||||||
| 12 | received a State grant from the Department of Commerce and | ||||||
| 13 | Economic Opportunity or a federal Value-Added Producer Grant. | ||||||
| 14 | (f)(1) Grant awards for micro-infrastructure grants shall | ||||||
| 15 | be available in amounts ranging from $10,000 to $25,000, and | ||||||
| 16 | the total allocation for micro-infrastructure grants shall be | ||||||
| 17 | 30% of available funding. | ||||||
| 18 | (2) Grant awards for farm infrastructure and equipment | ||||||
| 19 | grants shall be available in amounts ranging from $25,000 to | ||||||
| 20 | $75,000, and the total allocation for farm infrastructure and | ||||||
| 21 | equipment grants shall be 50% of available funding. | ||||||
| 22 | (3) Grant awards for market access and value chain grants | ||||||
| 23 | shall be available in amounts ranging from $25,000 to | ||||||
| 24 | $100,000, and the total allocation for market access grants | ||||||
| 25 | and value chain grants shall be 20% of available funding. | ||||||
| 26 | No matching funds are required. Grant awards may be | ||||||
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| 1 | disbursed as advance payments when necessary to ensure | ||||||
| 2 | participation by limited-resource farmers. | ||||||
| 3 | (g) Grant funds may be used for: | ||||||
| 4 | (1) capital and infrastructure, including greenhouses, | ||||||
| 5 | high and low tunnels, hoop houses, cold storage, | ||||||
| 6 | refrigeration, freezers, wash-pack stations, processing | ||||||
| 7 | equipment, irrigation systems, fencing, on-farm utilities, | ||||||
| 8 | soil remediation, land purchase, and land preparation; | ||||||
| 9 | (2) equipment and supplies, including tractors, | ||||||
| 10 | implements, hand tools, harvest and post-harvest | ||||||
| 11 | equipment, and food safety and quality control equipment; | ||||||
| 12 | (3) operations and working capital, including seeds, | ||||||
| 13 | livestock, feed, fertilizer, soil testing and soil inputs, | ||||||
| 14 | labor, payroll, payroll taxes, stipends, employee | ||||||
| 15 | benefits, workforce training, apprenticeships, seasonal | ||||||
| 16 | staffing, insurance, certifications (including Good | ||||||
| 17 | Agricultural Practices (GAP), organic, or Certified | ||||||
| 18 | Naturally Grown), licensing, fuel, utilities, and | ||||||
| 19 | operating supplies; and | ||||||
| 20 | (4) market access and distribution, including vehicles | ||||||
| 21 | and refrigerated vehicles, aggregation and food hub | ||||||
| 22 | participation costs, branding, packaging, labeling, market | ||||||
| 23 | fees, and e-commerce or direct-to-consumer infrastructure. | ||||||
| 24 | (h) The Department shall report annually on the | ||||||
| 25 | implementation of the grant program to the Agriculture Equity | ||||||
| 26 | Commission. The report shall include, at minimum: | ||||||
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| 1 | (1) the numbers of grants awarded; | ||||||
| 2 | (2) the amount of funds distributed; | ||||||
| 3 | (3) the types of projects funded; | ||||||
| 4 | (4) the geographic distribution of grants; and | ||||||
| 5 | (5) the participation by emerging farmers and socially | ||||||
| 6 | disadvantaged farmers. | ||||||
| 7 | (i) The Director of Commerce and Economic Opportunity and | ||||||
| 8 | the Department employees are not personally liable for actions | ||||||
| 9 | taken in good faith within the scope of their official duties | ||||||
| 10 | under this Section. | ||||||
| 11 | (j)(1) If a recipient violates the terms of a grant | ||||||
| 12 | agreement, the Department shall notify the recipient in | ||||||
| 13 | writing of the default and afford an opportunity to cure. | ||||||
| 14 | (2) If the violation is not cured within 30 days after | ||||||
| 15 | receipt of the notice, the Department may: | ||||||
| 16 | (A) declare due and payable the remaining unpaid grant | ||||||
| 17 | amount and cease further payments; or | ||||||
| 18 | (B) take other appropriate action to protect the | ||||||
| 19 | interests of the program. | ||||||
| 20 | (3) The Department may determine that a recipient has | ||||||
| 21 | failed to perform the scope of work when: | ||||||
| 22 | (A) the Department has notified the recipient in | ||||||
| 23 | writing of misapplication of grant funds, evidence of | ||||||
| 24 | fraud or abuse, repeated failure to meet performance | ||||||
| 25 | timelines or standards, or failure to resolve negotiated | ||||||
| 26 | points of the agreement; and | ||||||
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| 1 | (B) the recipient fails to develop and implement a | ||||||
| 2 | corrective action plan within 30 days after the | ||||||
| 3 | Department's notice. | ||||||
| 4 | (4)(A) If there is no appropriation to the Fund for a | ||||||
| 5 | fiscal year, grants for that year are terminated. If an | ||||||
| 6 | appropriation is insufficient for a fiscal year, the | ||||||
| 7 | Department may proportionately reduce awards. | ||||||
| 8 | (B) If the Department determines that a recipient has | ||||||
| 9 | failed to comply with the terms and conditions of the grant | ||||||
| 10 | agreement, the Department may terminate the grant in whole or | ||||||
| 11 | in part before the completion date. | ||||||
| 12 | (C) If the Department determines that continuing the | ||||||
| 13 | project would not produce results commensurate with further | ||||||
| 14 | expenditure, the Department may terminate the grant in whole | ||||||
| 15 | or in part before the completion date. | ||||||
| 16 | (D) If a recipient elects not to complete the grant | ||||||
| 17 | agreement, the recipient shall notify the Department within 10 | ||||||
| 18 | days after performance ceases. Upon receipt of the | ||||||
| 19 | notification, the grant may be declared terminated, and the | ||||||
| 20 | Department may declare due and payable the remaining unpaid | ||||||
| 21 | grant amount and cease further payments. | ||||||
| 22 | (5) Any money recovered from default or termination shall | ||||||
| 23 | be deposited into the Fund and used for the purposes of this | ||||||
| 24 | Section. | ||||||
| 25 | (k) The Department shall adopt rules to implement this | ||||||
| 26 | Section and may allow eligibility verification through | ||||||
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| 1 | self-attestation or other reasonable methods. | ||||||
| 2 | Section 10. The State Finance Act is amended by adding | ||||||
| 3 | Section 5.1038 as follows: | ||||||
| 4 | (30 ILCS 105/5.1038 new) | ||||||
| 5 | Sec. 5.1038. The Emerging and Socially Disadvantaged | ||||||
| 6 | Farmers Infrastructure and Market Access Grant Fund. | ||||||
| 7 | Section 99. Effective date. This Act takes effect upon | ||||||
| 8 | becoming law.". | ||||||
