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1 | | AN ACT concerning local government.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Municipal Code is amended by |
5 | | changing Sections 11-19-1, 11-19-2, and 11-19-5 as follows:
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6 | | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
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7 | | Sec. 11-19-1. Contracts.
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8 | | (a) Any city, village or incorporated town may make |
9 | | contracts
with any other city, village, or incorporated town or |
10 | | with any person,
corporation, or county, or any agency created |
11 | | by intergovernmental
agreement, for more than one year and not |
12 | | exceeding 30 years
relating to the collection and final |
13 | | disposition, or relating solely to
either the collection or |
14 | | final disposition of garbage, refuse and ashes.
A municipality |
15 | | may contract with private industry to operate a
designated |
16 | | facility for the disposal, treatment or recycling of solid
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17 | | waste, and may enter into contracts with private firms or
local |
18 | | governments for the delivery of waste to such facility.
In |
19 | | regard to a contract involving a garbage, refuse, or garbage |
20 | | and refuse
incineration facility, the 30 year contract |
21 | | limitation imposed by this
Section shall be computed so that |
22 | | the 30 years shall not begin to run until
the date on which the |
23 | | facility actually begins accepting garbage or refuse.
The |
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1 | | payments required in regard to any contract entered into under
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2 | | this Division 19 shall not be regarded as indebtedness of the |
3 | | city,
village, or incorporated town, as the case may be, for |
4 | | the purpose of any
debt limitation imposed by any law. On and |
5 | | after the effective date of this amendatory Act of the 100th |
6 | | General Assembly, a municipality with a population of less than |
7 | | 1,000,000 shall not enter into any new contracts with any other |
8 | | unit of local government, by intergovernmental agreement or |
9 | | otherwise, or with any corporation or person relating to the |
10 | | collecting and final disposition of general construction or |
11 | | demolition debris; except that this sentence does not apply to |
12 | | a municipality with a population of less than 1,000,000 that is |
13 | | a party to: (1) a contract relating to the collecting and final |
14 | | disposition of general construction or demolition debris on the |
15 | | effective date of this amendatory Act of the 100th General |
16 | | Assembly; or (2) the renewal or extension of a contract |
17 | | relating to the collecting and final disposition of general |
18 | | construction or demolition debris irrespective of whether the |
19 | | contract automatically renews, is amended, or is subject to a |
20 | | new request for proposal after the effective date of this |
21 | | amendatory Act of the 100th General Assembly. |
22 | | (a-5) If a municipality with a population of less than |
23 | | 1,000,000 located in a county as defined in the Solid Waste and |
24 | | Recycling Program Act has never awarded a franchise to a |
25 | | private entity for the collection of waste from non-residential |
26 | | locations, then the municipality may not award a franchise |
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1 | | unless: |
2 | | (1) the municipality provides prior written notice to |
3 | | all haulers licensed to provide waste hauling service in |
4 | | that municipality of the municipality's intent to issue a |
5 | | request for proposal under this Section; |
6 | | (2) the municipality adopts an ordinance requiring |
7 | | each licensed hauler, for a period of no less than 36 |
8 | | continuous months commencing on the first day of the month |
9 | | following the effective date of such ordinance, to report |
10 | | every 6 months to the municipality the number of |
11 | | non-residential locations served by the hauler in the |
12 | | municipality and the number of non-residential locations |
13 | | contracting with the hauler for the recyclable materials |
14 | | collection service pursuant to Section 10 of the Solid |
15 | | Waste Hauling and Recycling Program Act; and |
16 | | (3) the report to the municipality required under |
17 | | paragraph (2) of this subsection (a-5) for the final 6 |
18 | | months of that 36-month period establishes that less than |
19 | | 50% of the non-residential locations in the municipality |
20 | | contract for recyclable material collection services |
21 | | pursuant to Section 10 of the Solid Waste Hauling and |
22 | | Recycling Program Act. |
23 | | All such reports shall be filed with the municipality by |
24 | | the hauler on or before the last day of the month following the |
25 | | end of the 6-month reporting period. Within 15 days after the |
26 | | last day for licensed haulers to file such reports, the |
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1 | | municipality shall post on its website: (i) the information |
2 | | provided by each hauler pursuant to paragraph (2) of this |
3 | | subsection (a-5), without identifying the hauler; and (ii) the |
4 | | aggregate number of non-residential locations served by all |
5 | | licensed haulers in the municipality and the aggregate number |
6 | | of non-residential locations contracting with all licensed |
7 | | haulers in the municipality for the recyclable materials |
8 | | collection service under Section 10 of the Solid Waste Hauling |
9 | | and Recycling Program Act. |
10 | | (a-10) Beginning at the conclusion of the 36-month |
11 | | reporting period and thereafter, and upon written request of |
12 | | the municipality, each licensed hauler shall, for every 6-month |
13 | | period, report to the municipality (i) the number of |
14 | | non-residential locations served by the hauler in the |
15 | | municipality and the number of non-residential locations |
16 | | contracting with the hauler for the recyclable materials |
17 | | collection service pursuant to Section 10 of the Solid Waste |
18 | | Hauling and Recycling Program Act, (ii) an estimate of the |
19 | | quantity of recyclable materials, in tons, collected by the |
20 | | hauler in the municipality from non-residential locations |
21 | | contracting with the hauler for recyclable materials |
22 | | collection service pursuant to Section 10 of the Solid Waste |
23 | | Hauling and Recycling Program Act, and (iii) an estimate of the |
24 | | quantity of municipal waste, in tons, collected by the hauler |
25 | | in the municipality from those non-residential locations. All |
26 | | reports for that 6-month period shall be filed with the |
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1 | | municipality by the hauler on or before the last day of the |
2 | | month following the end of the 6-month reporting period. Within |
3 | | 15 days after the last day for licensed haulers to file such |
4 | | reports, the municipality shall post on its website: (i) the |
5 | | information provided by each hauler pursuant to this subsection |
6 | | (a-10), without identifying the hauler; and (ii) the aggregate |
7 | | number of non-residential locations served by all licensed |
8 | | haulers in the municipality and the aggregate number of |
9 | | non-residential locations contracting with all licensed |
10 | | haulers in the municipality for the recyclable materials |
11 | | collection service under Section 10 of the Solid Waste Hauling |
12 | | and Recycling Program Act. |
13 | | A municipality subject to subsection (a-5) of this Section |
14 | | may not award a franchise unless 2 consecutive 6-month reports |
15 | | determine that less than 50% of the non-residential locations |
16 | | within the municipality contract for recyclable material |
17 | | collection service pursuant to Section 10 of the Solid Waste |
18 | | Hauling and Recycling Program Act. |
19 | | (b) If a municipality with a population of less than |
20 | | 1,000,000 has never awarded a franchise to a private entity for |
21 | | the collection of waste from non-residential locations, then |
22 | | that municipality may not award such a franchise without |
23 | | issuing a request for proposal. The municipality may not issue |
24 | | a request for proposal without first: (i) holding at least one |
25 | | public hearing seeking comment on the advisability of issuing a |
26 | | request for proposal and awarding a franchise; (ii) providing |
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1 | | at least 30 days' written notice of the hearing, delivered by |
2 | | first class mail to all private entities that provide |
3 | | non-residential waste collection services within the |
4 | | municipality that the municipality is able to identify through |
5 | | its records; and (iii) providing at least 30 days' public |
6 | | notice of the hearing. |
7 | | After issuing a request for proposal, the municipality may |
8 | | not award a franchise without first: (i) allowing at least 30 |
9 | | days for proposals to be submitted to the municipality; (ii) |
10 | | holding at least one public hearing after the receipt of |
11 | | proposals on whether to award a franchise to a proposed |
12 | | franchisee; and (iii) providing at least 30 days' public notice |
13 | | of the hearing. At the public hearing, the municipality must |
14 | | disclose and discuss the proposed franchise fee or calculation |
15 | | formula of such franchise fee that it will receive under the |
16 | | proposed franchise. |
17 | | (b-5) If no request for proposal is issued within 120 days |
18 | | after the initial public hearing required in subsection (b), |
19 | | then the municipality must hold another hearing as outlined in |
20 | | subsection (b). |
21 | | (b-10) If a municipality has not awarded a franchise within |
22 | | 210 days after the date that a request for proposal is issued |
23 | | pursuant to subsection (b), then the municipality must adhere |
24 | | to all of the requirements set forth in subsections (b) and |
25 | | (b-5). |
26 | | (b-15) The franchise fee and any other fees, taxes, or |
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1 | | charges imposed by the municipality in connection with a |
2 | | franchise for the collection of waste from non-residential |
3 | | locations must be used exclusively for costs associated with |
4 | | administering the franchise program. |
5 | | (c) If a municipality with a population of less than |
6 | | 1,000,000 has never awarded a franchise to a private entity for |
7 | | the collection of waste from non-residential locations, then a |
8 | | private entity may not begin providing waste collection |
9 | | services to non-residential locations under a franchise |
10 | | agreement with that municipality at any time before the date |
11 | | that is 15 months after the date the ordinance or resolution |
12 | | approving the award of the franchise is adopted. |
13 | | (d) For purposes of this Section, "waste" means garbage, |
14 | | refuse, or ashes as defined in Section 11-19-2. |
15 | | (e) A home rule unit may not award a franchise to a private |
16 | | entity for the collection of waste in a manner contrary to the |
17 | | provisions of this Section. This Section is a limitation under |
18 | | subsection (i) of Section 6 of Article VII of the Illinois |
19 | | Constitution on the concurrent exercise by home rule units of |
20 | | powers and functions exercised by the State.
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21 | | (f) A municipality with a population of less than 1,000,000 |
22 | | shall not award a franchise or contract to any private entity |
23 | | for the collection of general construction or demolition debris |
24 | | from residential or non-residential locations. This subsection |
25 | | does not apply to a municipality with a population of less than |
26 | | 1,000,000 that is a party to: (1) a franchise or contract with |
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1 | | a private entity for the collection of general construction or |
2 | | demolition debris from residential or non-residential |
3 | | locations on the effective date of this amendatory Act of the |
4 | | 100th General Assembly; or (2) the renewal or extension of a |
5 | | franchise or contract with a private entity for the collection |
6 | | of general construction or demolition debris from residential |
7 | | or non-residential locations irrespective of whether the |
8 | | franchise or contract automatically renews, is amended, or is |
9 | | subject to a new request for proposal after the effective date |
10 | | of this amendatory Act of the 100th General Assembly. |
11 | | (Source: P.A. 98-1079, eff. 8-26-14.)
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12 | | (65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
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13 | | Sec. 11-19-2.
As used in this Division 19 , the words |
14 | | "garbage", "refuse",
and "ashes" have the following meanings : |
15 | | (1) "Garbage" means wastes . Wastes resulting
from the |
16 | | handling, preparation, cooking and consumption of food; wastes
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17 | | from the handling, storage and sale of produce. |
18 | | (2) "Refuse" means combustible . Combustible
trash, |
19 | | including, but not limited to, paper, cartons, boxes, barrels, |
20 | | wood,
excelsior, tree branches, yard trimmings, wood |
21 | | furniture, bedding;
noncombustible trash, including, but not |
22 | | limited to, metals, tin cans,
metal furniture, dirt, small |
23 | | quantities of rock and pieces of concrete,
glass, crockery, |
24 | | other mineral waste; street rubbish, including, but not
limited |
25 | | to, street sweepings, dirt, leaves, catch-basin dirt, contents |
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1 | | of
litter receptacles, but refuse does not mean earth and |
2 | | wastes from building
operations, nor shall it include solid |
3 | | wastes resulting from industrial
processes and manufacturing |
4 | | operations such as food processing wastes,
boiler-house |
5 | | cinders, lumber, scraps and shavings. |
6 | | (3) "Ashes" means residue . Residue
from fires used for |
7 | | cooking and for heating buildings. |
8 | | (4) "General construction or demolition debris" has the |
9 | | meaning given to that term in Section 3.160 of the |
10 | | Environmental Protection Act.
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11 | | (Source: Laws 1961, p. 576.)
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12 | | (65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
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13 | | Sec. 11-19-5.
Every city, village or incorporated town may |
14 | | provide such
method or methods as shall be approved by the |
15 | | corporate authorities for the
disposition of garbage, refuse |
16 | | and ashes. Any municipality may provide by
ordinance that such |
17 | | method or methods shall be the exclusive method or methods
for |
18 | | the disposition of garbage, refuse and ashes to be allowed |
19 | | within that
municipality. Such ordinance may be enacted |
20 | | notwithstanding the fact that
competition may be displaced or |
21 | | that such ordinance may have
an anti-competitive effect. Such |
22 | | methods may include, but
need not be limited to land fill, |
23 | | feeding of garbage to hogs, incineration,
reduction to |
24 | | fertilizer, or otherwise. Salvage and fertilizer or other
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25 | | matter or things of value may be sold and the proceeds used for |
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1 | | the
operation of the system. Material that is intended or |
2 | | collected
to be recycled is not garbage, refuse or ashes. A |
3 | | municipality with a population of less than 1,000,000 shall not |
4 | | provide by ordinance for any methods that award a franchise for |
5 | | the collection or final disposition of general construction or |
6 | | demolition debris, except as allowed under Section 11-19-1.
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7 | | (Source: P.A. 84-794.)
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