Amendment ASA1-AB782

LRBs0324/1

RCT&CMH:kjf:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 782

March 23, 2010 - Offered by Representative Garthwaite.

AB782-ASA1,1,4 An Act to amend 16.75 (1) (a) 1. and 93.45; and to create 16.75 (3p) and 93.49 of the statutes; relating to: encouraging the purchase of food produced in this state and creating goals and a preference in state procurement for food produced in this state.

Analysis by the Legislative Reference Bureau

Current law generally authorizes state agencies to contract for services under certain circumstances. With some exceptions, orders or contracts must be awarded to the lowest responsible bidder from any area. This bill requires state entities, if their expenditures on food are greater than $25,000 per fiscal year, to attempt to ensure that, before 2020, of the total amount expended for food per fiscal year, at least 10 percent is spent on food products that are grown, processed, packaged, and distributed in this state and to ensure that, beginning in 2020, of the total amount expended for food per fiscal year, at least 20 percent is spent on food products that are grown, processed, packaged, and distributed in this state. This bill modifies the lowest responsible bidder requirement by allowing state entities to identify a geographic preference area that would help them achieve these goals and to award the bid to the lowest responsible bidder submitting a bid from that area.

This bill requires the council created by the Department of Agriculture, Trade and Consumer Protection for the current Buy Local, Buy Wisconsin Program to undertake various activities designed to increase the in-state purchase of food products that are grown, processed, packaged, and distributed in this state. These activities include encouraging entities that receive funding from this state and that spend more than $25,000 per year on food for their students, residents, or clients to spend at least 10 percent of their food budgets on food grown, processed, packaged, and distributed in this state.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB782-ASA1, s. 1 Section 1. 16.75 (1) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 136, is amended to read:

AB782-ASA1,2,11 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3p), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

AB782-ASA1, s. 2 Section 2. 16.75 (3p) of the statutes is created to read:

AB782-ASA1,2,13 16.75 (3p) (a) In this subsection:

AB782-ASA1,2,14 1. "Local food products" has the meaning given in s. 93.49 (1) (b).

AB782-ASA1,2,16 2. "Purchasing agent" means the department, any designated purchasing agent under s. 16.71, or any agency making purchases under s. 16.74.

AB782-ASA1,3,2 (b) If a purchasing agent spends more than $25,000 on food under this subchapter per fiscal year, the purchasing agent shall attempt to ensure that, before 2020, at least 10 percent of the total amount expended for food products under this subchapter per fiscal year is expended on local food products.

AB782-ASA1,3,6 (c) If a purchasing agent spends more than $25,000 on food under this subchapter per fiscal year, the purchasing agent shall ensure that, beginning in 2020, at least 20 percent of the total amount expended for food products under this subchapter per fiscal year is expended on local food products.

AB782-ASA1,3,12 (d) A purchasing agent that is subject to par. (b) or (c) may determine a geographic preference area that would aid the achievement of the goal under par. (b) or of the requirement under par. (c) and that, if bids were solicited only in the geographic preference area, would not unnecessarily limit the open and competitive bidding process. The purchasing agent may award the order or contract to the lowest responsible bidder submitting a bid from the geographic preference area.

AB782-ASA1, s. 3 Section 3. 93.45 of the statutes is amended to read:

AB782-ASA1,3,24 93.45 Buy local, buy Wisconsin. The department shall conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. In the program, the department shall emphasize the development of regional food and cultural tourism trails and the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers. The department shall appoint a council under s. 15.04 (1) (c) to advise the department on the administration of this section and s. 93.48.

AB782-ASA1, s. 4 Section 4. 93.49 of the statutes is created to read:

AB782-ASA1,3,26 93.49 Local food, farms, and jobs council. (1) In this section:

AB782-ASA1,4,2 (a) "Council" means the council appointed under s. 93.45.

AB782-ASA1,4,5 (b) "Local food products" means food products that are grown in this state, produced from animals kept in this state, or primarily derived from food products that are grown in this state or produced from animals kept in this state.

AB782-ASA1,4,6 (2) The council shall do all of the following:

AB782-ASA1,4,11 (a) Encourage entities that receive funding from this state and that spend more than $25,000 per year on food for their students, residents, or clients, including school districts, child care providers, and hospitals, to make expenditures for local food products that equal at least 10 percent of their total expenditures for food products by 2020.

AB782-ASA1,4,14 (b) Provide information to entities that receive funding from this state to assist the entities to meet the goals under par. (a) and to track and report purchases of local food products.

AB782-ASA1,4,17 (br) Provide information to state agencies to assist the state agencies to meet the goal under 16.75 (3p) (b) and to comply with the requirement under s. 16.75 (3p) (c) and to track and report purchases of local food products.

AB782-ASA1,4,20 (c) Assist farmers and others in this state to identify and secure financing and equipment to begin, maintain, and expand projects to process, package, and distribute local food products.

AB782-ASA1,4,22 (d) Facilitate the building of aggregation, processing, storage, packaging, and distribution facilities needed to bring local food products to local and other markets.

AB782-ASA1,4,25 (e) Support and encourage the expansion of programs that recruit, train, and provide technical assistance to farmers and others in this state to increase the availability of local food products.

AB782-ASA1,5,4 (f) Work with federal, state, and local agencies, educational institutions, trade organizations, and community-based organizations to coordinate policies, initiatives, and procedures that promote the production and consumption of local food products.

AB782-ASA1,5,8 (g) Work with federal, state, and local agencies, including public health agencies, and the attorney general to seek the elimination or modification of rules and regulations that hinder the production, storage, distribution, and marketing of local food products.

AB782-ASA1,5,10 (h) Encourage federal, state, and local entities to allow the use of public lands for growing food crops for processing, packaging, and distribution in this state.

AB782-ASA1,5,12 (j) Initiate and facilitate public awareness activities concerning the economic benefits of the production and consumption of local food products.

AB782-ASA1, s. 5 Section 5. Initial applicability.

AB782-ASA1,5,15 (1) The treatment of section 16.75 (3p) (d) of the statutes first applies to bids solicited on the effective date of this subsection.

AB782-ASA1,5,16 (End)