Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1807  100th General Assembly

SB1807sam003 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/31/2017

 

 


 

 


 
10000SB1807sam003LRB100 11120 AWJ 24651 a

1
AMENDMENT TO SENATE BILL 1807

2    AMENDMENT NO. ______. Amend Senate Bill 1807 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-19-1, 11-19-2, and 11-19-5 as follows:
 
6    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)
7    Sec. 11-19-1. Contracts.
8    (a) Any city, village or incorporated town may make
9contracts with any other city, village, or incorporated town or
10with any person, corporation, or county, or any agency created
11by intergovernmental agreement, for more than one year and not
12exceeding 30 years relating to the collection and final
13disposition, or relating solely to either the collection or
14final disposition of garbage, refuse and ashes. A municipality
15may contract with private industry to operate a designated
16facility for the disposal, treatment or recycling of solid

 

 

10000SB1807sam003- 2 -LRB100 11120 AWJ 24651 a

1waste, and may enter into contracts with private firms or local
2governments for the delivery of waste to such facility. In
3regard to a contract involving a garbage, refuse, or garbage
4and refuse incineration facility, the 30 year contract
5limitation imposed by this Section shall be computed so that
6the 30 years shall not begin to run until the date on which the
7facility actually begins accepting garbage or refuse. The
8payments required in regard to any contract entered into under
9this Division 19 shall not be regarded as indebtedness of the
10city, village, or incorporated town, as the case may be, for
11the purpose of any debt limitation imposed by any law. On and
12after the effective date of this amendatory Act of the 100th
13General Assembly, a municipality with a population of less than
141,000,000 shall not enter into any new contracts with any other
15unit of local government, by intergovernmental agreement or
16otherwise, or with any corporation or person relating to the
17collecting and final disposition of general construction or
18demolition debris; except that this sentence does not apply to
19a municipality with a population of less than 1,000,000 that is
20a party to a contract relating to the collecting and final
21disposition of general construction or demolition debris on the
22effective date of this amendatory Act of the 100th General
23Assembly.
24    (a-5) If a municipality with a population of less than
251,000,000 located in a county as defined in the Solid Waste and
26Recycling Program Act has never awarded a franchise to a

 

 

10000SB1807sam003- 3 -LRB100 11120 AWJ 24651 a

1private entity for the collection of waste from non-residential
2locations, then the municipality may not award a franchise
3unless:
4        (1) the municipality provides prior written notice to
5    all haulers licensed to provide waste hauling service in
6    that municipality of the municipality's intent to issue a
7    request for proposal under this Section;
8        (2) the municipality adopts an ordinance requiring
9    each licensed hauler, for a period of no less than 36
10    continuous months commencing on the first day of the month
11    following the effective date of such ordinance, to report
12    every 6 months to the municipality the number of
13    non-residential locations served by the hauler in the
14    municipality and the number of non-residential locations
15    contracting with the hauler for the recyclable materials
16    collection service pursuant to Section 10 of the Solid
17    Waste Hauling and Recycling Program Act; and
18        (3) the report to the municipality required under
19    paragraph (2) of this subsection (a-5) for the final 6
20    months of that 36-month period establishes that less than
21    50% of the non-residential locations in the municipality
22    contract for recyclable material collection services
23    pursuant to Section 10 of the Solid Waste Hauling and
24    Recycling Program Act.
25    All such reports shall be filed with the municipality by
26the hauler on or before the last day of the month following the

 

 

10000SB1807sam003- 4 -LRB100 11120 AWJ 24651 a

1end of the 6-month reporting period. Within 15 days after the
2last day for licensed haulers to file such reports, the
3municipality shall post on its website: (i) the information
4provided by each hauler pursuant to paragraph (2) of this
5subsection (a-5), without identifying the hauler; and (ii) the
6aggregate number of non-residential locations served by all
7licensed haulers in the municipality and the aggregate number
8of non-residential locations contracting with all licensed
9haulers in the municipality for the recyclable materials
10collection service under Section 10 of the Solid Waste Hauling
11and Recycling Program Act.
12    (a-10) Beginning at the conclusion of the 36-month
13reporting period and thereafter, and upon written request of
14the municipality, each licensed hauler shall, for every 6-month
15period, report to the municipality (i) the number of
16non-residential locations served by the hauler in the
17municipality and the number of non-residential locations
18contracting with the hauler for the recyclable materials
19collection service pursuant to Section 10 of the Solid Waste
20Hauling and Recycling Program Act, (ii) an estimate of the
21quantity of recyclable materials, in tons, collected by the
22hauler in the municipality from non-residential locations
23contracting with the hauler for recyclable materials
24collection service pursuant to Section 10 of the Solid Waste
25Hauling and Recycling Program Act, and (iii) an estimate of the
26quantity of municipal waste, in tons, collected by the hauler

 

 

10000SB1807sam003- 5 -LRB100 11120 AWJ 24651 a

1in the municipality from those non-residential locations. All
2reports for that 6-month period shall be filed with the
3municipality by the hauler on or before the last day of the
4month following the end of the 6-month reporting period. Within
515 days after the last day for licensed haulers to file such
6reports, the municipality shall post on its website: (i) the
7information provided by each hauler pursuant to this subsection
8(a-10), without identifying the hauler; and (ii) the aggregate
9number of non-residential locations served by all licensed
10haulers in the municipality and the aggregate number of
11non-residential locations contracting with all licensed
12haulers in the municipality for the recyclable materials
13collection service under Section 10 of the Solid Waste Hauling
14and Recycling Program Act.
15    A municipality subject to subsection (a-5) of this Section
16may not award a franchise unless 2 consecutive 6-month reports
17determine that less than 50% of the non-residential locations
18within the municipality contract for recyclable material
19collection service pursuant to Section 10 of the Solid Waste
20Hauling and Recycling Program Act.
21    (b) If a municipality with a population of less than
221,000,000 has never awarded a franchise to a private entity for
23the collection of waste from non-residential locations, then
24that municipality may not award such a franchise without
25issuing a request for proposal. The municipality may not issue
26a request for proposal without first: (i) holding at least one

 

 

10000SB1807sam003- 6 -LRB100 11120 AWJ 24651 a

1public hearing seeking comment on the advisability of issuing a
2request for proposal and awarding a franchise; (ii) providing
3at least 30 days' written notice of the hearing, delivered by
4first class mail to all private entities that provide
5non-residential waste collection services within the
6municipality that the municipality is able to identify through
7its records; and (iii) providing at least 30 days' public
8notice of the hearing.
9    After issuing a request for proposal, the municipality may
10not award a franchise without first: (i) allowing at least 30
11days for proposals to be submitted to the municipality; (ii)
12holding at least one public hearing after the receipt of
13proposals on whether to award a franchise to a proposed
14franchisee; and (iii) providing at least 30 days' public notice
15of the hearing. At the public hearing, the municipality must
16disclose and discuss the proposed franchise fee or calculation
17formula of such franchise fee that it will receive under the
18proposed franchise.
19    (b-5) If no request for proposal is issued within 120 days
20after the initial public hearing required in subsection (b),
21then the municipality must hold another hearing as outlined in
22subsection (b).
23    (b-10) If a municipality has not awarded a franchise within
24210 days after the date that a request for proposal is issued
25pursuant to subsection (b), then the municipality must adhere
26to all of the requirements set forth in subsections (b) and

 

 

10000SB1807sam003- 7 -LRB100 11120 AWJ 24651 a

1(b-5).
2    (b-15) The franchise fee and any other fees, taxes, or
3charges imposed by the municipality in connection with a
4franchise for the collection of waste from non-residential
5locations must be used exclusively for costs associated with
6administering the franchise program.
7    (c) If a municipality with a population of less than
81,000,000 has never awarded a franchise to a private entity for
9the collection of waste from non-residential locations, then a
10private entity may not begin providing waste collection
11services to non-residential locations under a franchise
12agreement with that municipality at any time before the date
13that is 15 months after the date the ordinance or resolution
14approving the award of the franchise is adopted.
15    (d) For purposes of this Section, "waste" means garbage,
16refuse, or ashes as defined in Section 11-19-2.
17    (e) A home rule unit may not award a franchise to a private
18entity for the collection of waste in a manner contrary to the
19provisions of this Section. This Section is a limitation under
20subsection (i) of Section 6 of Article VII of the Illinois
21Constitution on the concurrent exercise by home rule units of
22powers and functions exercised by the State.
23    (f) A municipality with a population of less than 1,000,000
24shall not award a franchise or contract to any private entity
25for the collection of general construction or demolition debris
26from residential or non-residential locations. This subsection

 

 

10000SB1807sam003- 8 -LRB100 11120 AWJ 24651 a

1does not apply to a municipality with a population of less than
21,000,000 that is a party to a franchise or contract with a
3private entity for the collection of general construction or
4demolition debris from residential or non-residential
5locations on the effective date of this amendatory Act of the
6100th General Assembly.
7(Source: P.A. 98-1079, eff. 8-26-14.)
 
8    (65 ILCS 5/11-19-2)  (from Ch. 24, par. 11-19-2)
9    Sec. 11-19-2. As used in this Division 19, the words
10"garbage", "refuse", and "ashes" have the following meanings:
11    (1) "Garbage" means wastes . Wastes resulting from the
12handling, preparation, cooking and consumption of food; wastes
13from the handling, storage and sale of produce.
14    (2) "Refuse" means combustible . Combustible trash,
15including, but not limited to, paper, cartons, boxes, barrels,
16wood, excelsior, tree branches, yard trimmings, wood
17furniture, bedding; noncombustible trash, including, but not
18limited to, metals, tin cans, metal furniture, dirt, small
19quantities of rock and pieces of concrete, glass, crockery,
20other mineral waste; street rubbish, including, but not limited
21to, street sweepings, dirt, leaves, catch-basin dirt, contents
22of litter receptacles, but refuse does not mean earth and
23wastes from building operations, nor shall it include solid
24wastes resulting from industrial processes and manufacturing
25operations such as food processing wastes, boiler-house

 

 

10000SB1807sam003- 9 -LRB100 11120 AWJ 24651 a

1cinders, lumber, scraps and shavings.
2    (3) "Ashes" means residue . Residue from fires used for
3cooking and for heating buildings.
4    (4) "General construction or demolition debris" has the
5meaning given to that term in Section 3.160 of the
6Environmental Protection Act.
7(Source: Laws 1961, p. 576.)
 
8    (65 ILCS 5/11-19-5)  (from Ch. 24, par. 11-19-5)
9    Sec. 11-19-5. Every city, village or incorporated town may
10provide such method or methods as shall be approved by the
11corporate authorities for the disposition of garbage, refuse
12and ashes. Any municipality may provide by ordinance that such
13method or methods shall be the exclusive method or methods for
14the disposition of garbage, refuse and ashes to be allowed
15within that municipality. Such ordinance may be enacted
16notwithstanding the fact that competition may be displaced or
17that such ordinance may have an anti-competitive effect. Such
18methods may include, but need not be limited to land fill,
19feeding of garbage to hogs, incineration, reduction to
20fertilizer, or otherwise. Salvage and fertilizer or other
21matter or things of value may be sold and the proceeds used for
22the operation of the system. Material that is intended or
23collected to be recycled is not garbage, refuse or ashes. A
24municipality with a population of less than 1,000,000 shall not
25provide by ordinance for any methods that award a franchise for

 

 

10000SB1807sam003- 10 -LRB100 11120 AWJ 24651 a

1the collection or final disposition of general construction or
2demolition debris, except as allowed under Section 11-19-1.
3(Source: P.A. 84-794.)".