Sen. Don Harmon
Filed: 3/31/2017
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1 | AMENDMENT TO SENATE BILL 1807
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2 | AMENDMENT NO. ______. Amend Senate Bill 1807 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | waste, and may enter into contracts with private firms or
local | ||||||
2 | governments for the delivery of waste to such facility.
In | ||||||
3 | regard to a contract involving a garbage, refuse, or garbage | ||||||
4 | and refuse
incineration facility, the 30 year contract | ||||||
5 | limitation imposed by this
Section shall be computed so that | ||||||
6 | the 30 years shall not begin to run until
the date on which the | ||||||
7 | facility actually begins accepting garbage or refuse.
The | ||||||
8 | payments required in regard to any contract entered into under
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9 | this Division 19 shall not be regarded as indebtedness of the | ||||||
10 | city,
village, or incorporated town, as the case may be, for | ||||||
11 | the purpose of any
debt limitation imposed by any law. On and | ||||||
12 | after the effective date of this amendatory Act of the 100th | ||||||
13 | General Assembly, a municipality with a population of less than | ||||||
14 | 1,000,000 shall not enter into any new contracts with any other | ||||||
15 | unit of local government, by intergovernmental agreement or | ||||||
16 | otherwise, or with any corporation or person relating to the | ||||||
17 | collecting and final disposition of general construction or | ||||||
18 | demolition debris; except that this sentence does not apply to | ||||||
19 | a municipality with a population of less than 1,000,000 that is | ||||||
20 | a party to a contract relating to the collecting and final | ||||||
21 | disposition of general construction or demolition debris on the | ||||||
22 | effective date of this amendatory Act of the 100th General | ||||||
23 | Assembly. | ||||||
24 | (a-5) If a municipality with a population of less than | ||||||
25 | 1,000,000 located in a county as defined in the Solid Waste and | ||||||
26 | Recycling Program Act has never awarded a franchise to a |
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1 | private entity for the collection of waste from non-residential | ||||||
2 | locations, then the municipality may not award a franchise | ||||||
3 | unless: | ||||||
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 | ||||||
26 | the hauler on or before the last day of the month following the |
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1 | end of the 6-month reporting period. Within 15 days after the | ||||||
2 | last day for licensed haulers to file such reports, the | ||||||
3 | municipality shall post on its website: (i) the information | ||||||
4 | provided by each hauler pursuant to paragraph (2) of this | ||||||
5 | subsection (a-5), without identifying the hauler; and (ii) the | ||||||
6 | aggregate number of non-residential locations served by all | ||||||
7 | licensed haulers in the municipality and the aggregate number | ||||||
8 | of non-residential locations contracting with all licensed | ||||||
9 | haulers in the municipality for the recyclable materials | ||||||
10 | collection service under Section 10 of the Solid Waste Hauling | ||||||
11 | and Recycling Program Act. | ||||||
12 | (a-10) Beginning at the conclusion of the 36-month | ||||||
13 | reporting period and thereafter, and upon written request of | ||||||
14 | the municipality, each licensed hauler shall, for every 6-month | ||||||
15 | period, report to the municipality (i) the number of | ||||||
16 | non-residential locations served by the hauler in the | ||||||
17 | municipality and the number of non-residential locations | ||||||
18 | contracting with the hauler for the recyclable materials | ||||||
19 | collection service pursuant to Section 10 of the Solid Waste | ||||||
20 | Hauling and Recycling Program Act, (ii) an estimate of the | ||||||
21 | quantity of recyclable materials, in tons, collected by the | ||||||
22 | hauler in the municipality from non-residential locations | ||||||
23 | contracting with the hauler for recyclable materials | ||||||
24 | collection service pursuant to Section 10 of the Solid Waste | ||||||
25 | Hauling and Recycling Program Act, and (iii) an estimate of the | ||||||
26 | quantity of municipal waste, in tons, collected by the hauler |
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1 | in the municipality from those non-residential locations. All | ||||||
2 | reports for that 6-month period shall be filed with the | ||||||
3 | municipality by the hauler on or before the last day of the | ||||||
4 | month following the end of the 6-month reporting period. Within | ||||||
5 | 15 days after the last day for licensed haulers to file such | ||||||
6 | reports, the municipality shall post on its website: (i) the | ||||||
7 | information provided by each hauler pursuant to this subsection | ||||||
8 | (a-10), without identifying the hauler; and (ii) the aggregate | ||||||
9 | number of non-residential locations served by all licensed | ||||||
10 | haulers in the municipality and the aggregate number of | ||||||
11 | non-residential locations contracting with all licensed | ||||||
12 | haulers in the municipality for the recyclable materials | ||||||
13 | collection service under Section 10 of the Solid Waste Hauling | ||||||
14 | and Recycling Program Act. | ||||||
15 | A municipality subject to subsection (a-5) of this Section | ||||||
16 | may not award a franchise unless 2 consecutive 6-month reports | ||||||
17 | determine that less than 50% of the non-residential locations | ||||||
18 | within the municipality contract for recyclable material | ||||||
19 | collection service pursuant to Section 10 of the Solid Waste | ||||||
20 | Hauling and Recycling Program Act. | ||||||
21 | (b) If a municipality with a population of less than | ||||||
22 | 1,000,000 has never awarded a franchise to a private entity for | ||||||
23 | the collection of waste from non-residential locations, then | ||||||
24 | that municipality may not award such a franchise without | ||||||
25 | issuing a request for proposal. The municipality may not issue | ||||||
26 | a request for proposal without first: (i) holding at least one |
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1 | public hearing seeking comment on the advisability of issuing a | ||||||
2 | request for proposal and awarding a franchise; (ii) providing | ||||||
3 | at least 30 days' written notice of the hearing, delivered by | ||||||
4 | first class mail to all private entities that provide | ||||||
5 | non-residential waste collection services within the | ||||||
6 | municipality that the municipality is able to identify through | ||||||
7 | its records; and (iii) providing at least 30 days' public | ||||||
8 | notice of the hearing. | ||||||
9 | After issuing a request for proposal, the municipality may | ||||||
10 | not award a franchise without first: (i) allowing at least 30 | ||||||
11 | days for proposals to be submitted to the municipality; (ii) | ||||||
12 | holding at least one public hearing after the receipt of | ||||||
13 | proposals on whether to award a franchise to a proposed | ||||||
14 | franchisee; and (iii) providing at least 30 days' public notice | ||||||
15 | of the hearing. At the public hearing, the municipality must | ||||||
16 | disclose and discuss the proposed franchise fee or calculation | ||||||
17 | formula of such franchise fee that it will receive under the | ||||||
18 | proposed franchise. | ||||||
19 | (b-5) If no request for proposal is issued within 120 days | ||||||
20 | after the initial public hearing required in subsection (b), | ||||||
21 | then the municipality must hold another hearing as outlined in | ||||||
22 | subsection (b). | ||||||
23 | (b-10) If a municipality has not awarded a franchise within | ||||||
24 | 210 days after the date that a request for proposal is issued | ||||||
25 | pursuant to subsection (b), then the municipality must adhere | ||||||
26 | to all of the requirements set forth in subsections (b) and |
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1 | (b-5). | ||||||
2 | (b-15) The franchise fee and any other fees, taxes, or | ||||||
3 | charges imposed by the municipality in connection with a | ||||||
4 | franchise for the collection of waste from non-residential | ||||||
5 | locations must be used exclusively for costs associated with | ||||||
6 | administering the franchise program. | ||||||
7 | (c) If a municipality with a population of less than | ||||||
8 | 1,000,000 has never awarded a franchise to a private entity for | ||||||
9 | the collection of waste from non-residential locations, then a | ||||||
10 | private entity may not begin providing waste collection | ||||||
11 | services to non-residential locations under a franchise | ||||||
12 | agreement with that municipality at any time before the date | ||||||
13 | that is 15 months after the date the ordinance or resolution | ||||||
14 | approving the award of the franchise is adopted. | ||||||
15 | (d) For purposes of this Section, "waste" means garbage, | ||||||
16 | refuse, or ashes as defined in Section 11-19-2. | ||||||
17 | (e) A home rule unit may not award a franchise to a private | ||||||
18 | entity for the collection of waste in a manner contrary to the | ||||||
19 | provisions of this Section. This Section is a limitation under | ||||||
20 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
21 | Constitution on the concurrent exercise by home rule units of | ||||||
22 | powers and functions exercised by the State.
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23 | (f) A municipality with a population of less than 1,000,000 | ||||||
24 | shall not award a franchise or contract to any private entity | ||||||
25 | for the collection of general construction or demolition debris | ||||||
26 | from residential or non-residential locations. This subsection |
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1 | does not apply to a municipality with a population of less than | ||||||
2 | 1,000,000 that is a party to a franchise or contract with a | ||||||
3 | private entity for the collection of general construction or | ||||||
4 | demolition debris from residential or non-residential | ||||||
5 | locations on the effective date of this amendatory Act of the | ||||||
6 | 100th General Assembly. | ||||||
7 | (Source: P.A. 98-1079, eff. 8-26-14.)
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8 | (65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
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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 | ||||||
12 | handling, preparation, cooking and consumption of food; wastes
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13 | from the handling, storage and sale of produce. | ||||||
14 | (2) "Refuse" means combustible . Combustible
trash, | ||||||
15 | including, but not limited to, paper, cartons, boxes, barrels, | ||||||
16 | wood,
excelsior, tree branches, yard trimmings, wood | ||||||
17 | furniture, bedding;
noncombustible trash, including, but not | ||||||
18 | limited to, metals, tin cans,
metal furniture, dirt, small | ||||||
19 | quantities of rock and pieces of concrete,
glass, crockery, | ||||||
20 | other mineral waste; street rubbish, including, but not
limited | ||||||
21 | to, street sweepings, dirt, leaves, catch-basin dirt, contents | ||||||
22 | of
litter receptacles, but refuse does not mean earth and | ||||||
23 | wastes from building
operations, nor shall it include solid | ||||||
24 | wastes resulting from industrial
processes and manufacturing | ||||||
25 | operations such as food processing wastes,
boiler-house |
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1 | cinders, lumber, scraps and shavings. | ||||||
2 | (3) "Ashes" means residue . Residue
from fires used for | ||||||
3 | cooking and for heating buildings. | ||||||
4 | (4) "General construction or demolition debris" has the | ||||||
5 | meaning given to that term in Section 3.160 of the | ||||||
6 | Environmental Protection Act.
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7 | (Source: Laws 1961, p. 576.)
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8 | (65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
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9 | Sec. 11-19-5.
Every city, village or incorporated town may | ||||||
10 | provide such
method or methods as shall be approved by the | ||||||
11 | corporate authorities for the
disposition of garbage, refuse | ||||||
12 | and ashes. Any municipality may provide by
ordinance that such | ||||||
13 | method or methods shall be the exclusive method or methods
for | ||||||
14 | the disposition of garbage, refuse and ashes to be allowed | ||||||
15 | within that
municipality. Such ordinance may be enacted | ||||||
16 | notwithstanding the fact that
competition may be displaced or | ||||||
17 | that such ordinance may have
an anti-competitive effect. Such | ||||||
18 | methods may include, but
need not be limited to land fill, | ||||||
19 | feeding of garbage to hogs, incineration,
reduction to | ||||||
20 | fertilizer, or otherwise. Salvage and fertilizer or other
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21 | matter or things of value may be sold and the proceeds used for | ||||||
22 | the
operation of the system. Material that is intended or | ||||||
23 | collected
to be recycled is not garbage, refuse or ashes. A | ||||||
24 | municipality with a population of less than 1,000,000 shall not | ||||||
25 | provide by ordinance for any methods that award a franchise for |
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1 | the collection or final disposition of general construction or | ||||||
2 | demolition debris, except as allowed under Section 11-19-1.
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3 | (Source: P.A. 84-794.)".
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