| ||||
| Public Act 096-1215 | ||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Municipal Code is amended by | ||||
changing Section 11-19-1 as follows:
| ||||
(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
| ||||
Sec. 11-19-1. Contracts.
| ||||
(a) Any city, village or incorporated town may make | ||||
contracts
with any other city, village, or incorporated town or | ||||
with any person,
corporation, or county, or any agency created | ||||
by intergovernmental
agreement, for more than one year and not | ||||
exceeding 30 years
relating to the collection and final | ||||
disposition, or relating solely to
either the collection or | ||||
final disposition of garbage, refuse and ashes.
A municipality | ||||
may contract with private industry to operate a
designated | ||||
facility for the disposal, treatment or recycling of solid
| ||||
waste, and may enter into contracts with private firms or
local | ||||
governments for the delivery of waste to such facility.
In | ||||
regard to a contract involving a garbage, refuse, or garbage | ||||
and refuse
incineration facility, the 30 year contract | ||||
limitation imposed by this
Section shall be computed so that | ||||
the 30 years shall not begin to run until
the date on which the | ||||
facility actually begins accepting garbage or refuse.
The | ||||
payments required in regard to any contract entered into under
| ||
this Division 19 shall not be regarded as indebtedness of the | ||
city,
village, or incorporated town, as the case may be, for | ||
the purpose of any
debt limitation imposed by any law. | ||
(b) If a municipality with a population of less than | ||
1,000,000 has never awarded a franchise to a private entity for | ||
the collection of waste from non-residential locations, then | ||
that municipality may not award such a franchise without | ||
issuing a request for proposal. The municipality may not issue | ||
a request for proposal without first: (i) holding at least one | ||
public hearing seeking comment on the advisability of issuing a | ||
request for proposal and awarding such a franchise; (ii) | ||
providing at least 30 days' written notice of the hearing, | ||
delivered by first class mail to all private entities that | ||
provide non-residential waste collection services within the | ||
municipality that the municipality is able to identify through | ||
its records; and (iii) providing at least 30 days' public | ||
notice of the hearing. | ||
After issuing a request for proposal, the municipality may | ||
not award a franchise without first: (i) allowing at least 30 | ||
days for proposals to be submitted to the municipality; (ii) | ||
holding at least one public hearing after the receipt of | ||
proposals on whether to award a franchise to a proposed | ||
franchisee; and (iii) providing at least 30 days' public notice | ||
of the hearing. At the public hearing, the municipality must | ||
disclose and discuss the proposed franchise fee or calculation | ||
formula of such franchise fee that it will receive under the | ||
proposed franchise. | ||
(b-5) If no request for proposal is issued within 120 days | ||
after the initial public hearing required in subsection (b), | ||
then the municipality must hold another hearing as outlined in | ||
subsection (b). | ||
(b-10) If a municipality has not awarded a franchise within | ||
210 days after the date that a request for proposal is issued | ||
pursuant to subsection (b), then the municipality must adhere | ||
to all of the requirements set forth in subsections (b) and | ||
(b-5). | ||
(b-15) The franchise fee and any other fees, taxes, or | ||
charges imposed by the municipality in connection with a | ||
franchise for the collection of waste from non-residential | ||
locations must be used exclusively for costs associated with | ||
administering the franchise program. | ||
(c) If a municipality with a population of less than | ||
1,000,000 has never awarded a franchise to a private entity for | ||
the collection of waste from non-residential locations, then a | ||
private entity may not begin providing waste collection | ||
services to non-residential locations under a franchise | ||
agreement with that municipality at any time before the date | ||
that is 15 months after the date the ordinance or resolution | ||
approving the award of the franchise is adopted. | ||
(d) For purposes of this Section, "waste" means garbage, | ||
refuse, or ashes as defined in Section 11-19-2. | ||
(e) A home rule unit may not award a franchise to a private | ||
entity for the collection of waste in a manner contrary to the | ||
provisions of this Section. This Section is a limitation under | ||
subsection (i) of Section 6 of Article VII of the Illinois | ||
Constitution on the concurrent exercise by home rule units of | ||
powers and functions exercised by the State.
| ||
(Source: P.A. 95-856, eff. 10-1-08.)
| ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.34 as follows: | ||
(30 ILCS 805/8.34 new) | ||
Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 96th General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||