Full Text of HB5666 98th General Assembly
HB5666enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Solid | 5 | | Waste Hauling and Recycling Program Act. | 6 | | Section 5. Definitions. As used in this Act, unless the | 7 | | context clearly indicates otherwise: | 8 | | "County" means a county in Illinois having a population of | 9 | | 3,000,000 or more, and any county that is contiguous to that | 10 | | county.
| 11 | | "Hauler" means any person who engages in the business of | 12 | | collecting or hauling garbage, municipal waste, recyclable | 13 | | material, landscape waste, brush, or other refuse on a | 14 | | continuous and regular basis, and makes multiple scheduled | 15 | | collections per month within a county.
| 16 | | "Landscape waste" means all accumulations of grass or | 17 | | shrubbery cuttings, leaves, tree limbs, and other materials | 18 | | accumulated as the result of the care of lawns, shrubbery, | 19 | | vines, and trees.
| 20 | | "Municipal waste" means garbage, general household | 21 | | institutional and commercial waste, industrial lunchroom or | 22 | | office waste, and landscape waste.
"Municipal waste" also | 23 | | includes "garbage", "refuse", and "ashes", as those terms are |
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| 1 | | defined in Section 11-19-2 of the Municipal Code. | 2 | | "Municipality" means a municipality, as defined in Section | 3 | | 1 of Article VII of the Illinois Constitution, that is located | 4 | | either partially or wholly within the boundaries of a county as | 5 | | defined in this Section.
"Municipality" does not include a | 6 | | municipality with a population of 2,000,000 or more. | 7 | | "Person" means any business, public or private | 8 | | corporation, partnership, association, government agency, | 9 | | municipality, unit of local government, or other legal entity.
| 10 | | "Recycling" means a method, technique, or process designed | 11 | | to remove any contaminant from waste so as to render that waste | 12 | | reusable, or any process by which materials that would | 13 | | otherwise be disposed of or discarded are collected, separated, | 14 | | or processed and returned to the economic mainstream in the | 15 | | form of raw materials or products.
| 16 | | "Recyclable material" means material that is separated | 17 | | from municipal waste for the purpose of recycling, including, | 18 | | but not limited to, ferrous metal cans, aluminum containers, | 19 | | glass, plastics including HDPE or PET containers and plastics | 20 | | #3 through #7, newsprint, corrugated paper, junk mail, | 21 | | magazines, office paper, and boxboard.
| 22 | | Section 10. Collection of recyclable materials. | 23 | | (a) Each hauler operating in a county or municipality shall | 24 | | offer, either as part of basic service, or alternatively as an | 25 | | additional service, the collection of recyclable materials |
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| 1 | | from any commercial business, commercial property, or | 2 | | institutional facility within that county or municipality. | 3 | | Haulers shall provide information on how and what materials to | 4 | | recycle at least once every other year to customers with | 5 | | recycling service. Haulers shall provide a written offer to | 6 | | provide recycling services to commercial businesses, owners or | 7 | | operators of commercial property, and institutional facilities | 8 | | that are not recycling. Those offers shall be made at least | 9 | | once during the term of the contract or at least once every 2 | 10 | | years, whichever is shorter. The hauler's written offer shall | 11 | | include a request that the commercial business, owner or | 12 | | operator of the commercial business, or institutional facility | 13 | | respond to the hauler's request to provide recycling services | 14 | | in writing.
| 15 | | (b) Recyclable materials collected by a hauler within a | 16 | | county or municipality shall not be deposited into a landfill | 17 | | or incinerator unless all reasonable efforts have been made by | 18 | | the hauler to sell those recyclable materials to a processor or | 19 | | end user.
| 20 | | (c) Ownership of recyclable materials set out for | 21 | | collection shall remain with the commercial business, | 22 | | commercial property owner, or institutional facility that set | 23 | | out the material for collection until the material is removed | 24 | | by the hauler.
| 25 | | Section 15. Compliance. Nothing in this Act shall exempt a |
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| 1 | | hauler from obtaining a license or permit required by other | 2 | | applicable laws or regulations. The hauler shall at all times | 3 | | operate in compliance with all applicable laws and regulations.
| 4 | | In the event of a conflict between this Act and any other | 5 | | law, including, but not limited to, the Solid Waste Planning | 6 | | and Recycling Act, the Counties Code, and the Illinois | 7 | | Municipal Code, this Act shall control.
| 8 | | Section 20. Applicability. Nothing in this Act shall apply | 9 | | to a contract or franchise awarded pursuant to Section 11-19-1 | 10 | | of the Municipal Code, entered into before the effective date | 11 | | of this Act.
Nothing in this Act shall apply to a municipality | 12 | | with a population of 2,000,000 or more. | 13 | | Section 25. Home Rule. No home rule municipality with a | 14 | | population of less than 2,000,000 or home rule county may | 15 | | provide for the collection of recyclable materials in a manner | 16 | | less restrictive than the provisions of this Act. This Act is a | 17 | | limitation under subsection (i) of Section 6 of Article VII of | 18 | | the Illinois Constitution on the concurrent exercise by home | 19 | | rule municipalities or home rule counties of powers and | 20 | | functions exercised by the State. | 21 | | Section 90. The Illinois Municipal Code is amended by | 22 | | changing Section 11-19-1 as follows:
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| 1 | | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
| 2 | | Sec. 11-19-1. Contracts.
| 3 | | (a) Any city, village or incorporated town may make | 4 | | contracts
with any other city, village, or incorporated town or | 5 | | with any person,
corporation, or county, or any agency created | 6 | | by intergovernmental
agreement, for more than one year and not | 7 | | exceeding 30 years
relating to the collection and final | 8 | | disposition, or relating solely to
either the collection or | 9 | | final disposition of garbage, refuse and ashes.
A municipality | 10 | | may contract with private industry to operate a
designated | 11 | | facility for the disposal, treatment or recycling of solid
| 12 | | waste, and may enter into contracts with private firms or
local | 13 | | governments for the delivery of waste to such facility.
In | 14 | | regard to a contract involving a garbage, refuse, or garbage | 15 | | and refuse
incineration facility, the 30 year contract | 16 | | limitation imposed by this
Section shall be computed so that | 17 | | the 30 years shall not begin to run until
the date on which the | 18 | | facility actually begins accepting garbage or refuse.
The | 19 | | payments required in regard to any contract entered into under
| 20 | | this Division 19 shall not be regarded as indebtedness of the | 21 | | city,
village, or incorporated town, as the case may be, for | 22 | | the purpose of any
debt limitation imposed by any law. | 23 | | (a-5) If a municipality with a population of less than | 24 | | 1,000,000 located in a county as defined in the Solid Waste and | 25 | | Recycling Program Act has never awarded a franchise to a | 26 | | private entity for the collection of waste from non-residential |
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| 1 | | locations, then the municipality may not award a franchise | 2 | | unless: | 3 | | (1) the municipality provides prior written notice to | 4 | | all haulers licensed to provide waste hauling service in | 5 | | that municipality of the municipality's intent to issue a | 6 | | request for proposal under this Section; | 7 | | (2) the municipality adopts an ordinance requiring | 8 | | each licensed hauler, for a period of no less than 36 | 9 | | continuous months commencing on the first day of the month | 10 | | following the effective date of such ordinance, to report | 11 | | every 6 months to the municipality the number of | 12 | | non-residential locations served by the hauler in the | 13 | | municipality and the number of non-residential locations | 14 | | contracting with the hauler for the recyclable materials | 15 | | collection service pursuant to Section 10 of the Solid | 16 | | Waste Hauling and Recycling Program Act; and | 17 | | (3) the report to the municipality required under | 18 | | paragraph (2) of this subsection (a-5) for the final 6 | 19 | | months of that 36-month period establishes that less than | 20 | | 50% of the non-residential locations in the municipality | 21 | | contract for recyclable material collection services | 22 | | pursuant to Section 10 of the Solid Waste Hauling and | 23 | | Recycling Program Act. | 24 | | All such reports shall be filed with the municipality by | 25 | | the hauler on or before the last day of the month following the | 26 | | end of the 6-month reporting period. Within 15 days after the |
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| 1 | | last day for licensed haulers to file such reports, the | 2 | | municipality shall post on its website: (i) the information | 3 | | provided by each hauler pursuant to paragraph (2) of this | 4 | | subsection (a-5), without identifying the hauler; and (ii) the | 5 | | aggregate number of non-residential locations served by all | 6 | | licensed haulers in the municipality and the aggregate number | 7 | | of non-residential locations contracting with all licensed | 8 | | haulers in the municipality for the recyclable materials | 9 | | collection service under Section 10 of the Solid Waste Hauling | 10 | | and Recycling Program Act. | 11 | | (a-10) Beginning at the conclusion of the 36-month | 12 | | reporting period and thereafter, and upon written request of | 13 | | the municipality, each licensed hauler shall, for every 6-month | 14 | | period, report to the municipality (i) the number of | 15 | | non-residential locations served by the hauler in the | 16 | | municipality and the number of non-residential locations | 17 | | contracting with the hauler for the recyclable materials | 18 | | collection service pursuant to Section 10 of the Solid Waste | 19 | | Hauling and Recycling Program Act, (ii) an estimate of the | 20 | | quantity of recyclable materials, in tons, collected by the | 21 | | hauler in the municipality from non-residential locations | 22 | | contracting with the hauler for recyclable materials | 23 | | collection service pursuant to Section 10 of the Solid Waste | 24 | | Hauling and Recycling Program Act, and (iii) an estimate of the | 25 | | quantity of municipal waste, in tons, collected by the hauler | 26 | | in the municipality from those non-residential locations. All |
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| 1 | | reports for that 6-month period shall be filed with the | 2 | | municipality by the hauler on or before the last day of the | 3 | | month following the end of the 6-month reporting period. Within | 4 | | 15 days after the last day for licensed haulers to file such | 5 | | reports, the municipality shall post on its website: (i) the | 6 | | information provided by each hauler pursuant to this subsection | 7 | | (a-10), without identifying the hauler; and (ii) the aggregate | 8 | | number of non-residential locations served by all licensed | 9 | | haulers in the municipality and the aggregate number of | 10 | | non-residential locations contracting with all licensed | 11 | | haulers in the municipality for the recyclable materials | 12 | | collection service under Section 10 of the Solid Waste Hauling | 13 | | and Recycling Program Act. | 14 | | A municipality subject to subsection (a-5) of this Section | 15 | | may not award a franchise unless 2 consecutive 6-month reports | 16 | | determine that less than 50% of the non-residential locations | 17 | | within the municipality contract for recyclable material | 18 | | collection service pursuant to Section 10 of the Solid Waste | 19 | | Hauling and Recycling Program Act. | 20 | | (b) If a municipality with a population of less than | 21 | | 1,000,000 has never awarded a franchise to a private entity for | 22 | | the collection of waste from non-residential locations, then | 23 | | that municipality may not award such a franchise without | 24 | | issuing a request for proposal. The municipality may not issue | 25 | | a request for proposal without first: (i) holding at least one | 26 | | public hearing seeking comment on the advisability of issuing a |
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| 1 | | request for proposal and awarding a franchise; (ii) providing | 2 | | at least 30 days' written notice of the hearing, delivered by | 3 | | first class mail to all private entities that provide | 4 | | non-residential waste collection services within the | 5 | | municipality that the municipality is able to identify through | 6 | | its records; and (iii) providing at least 30 days' public | 7 | | notice of the hearing. | 8 | | After issuing a request for proposal, the municipality may | 9 | | not award a franchise without first: (i) allowing at least 30 | 10 | | days for proposals to be submitted to the municipality; (ii) | 11 | | holding at least one public hearing after the receipt of | 12 | | proposals on whether to award a franchise to a proposed | 13 | | franchisee; and (iii) providing at least 30 days' public notice | 14 | | of the hearing. At the public hearing, the municipality must | 15 | | disclose and discuss the proposed franchise fee or calculation | 16 | | formula of such franchise fee that it will receive under the | 17 | | proposed franchise. | 18 | | (b-5) If no request for proposal is issued within 120 days | 19 | | after the initial public hearing required in subsection (b), | 20 | | then the municipality must hold another hearing as outlined in | 21 | | subsection (b). | 22 | | (b-10) If a municipality has not awarded a franchise within | 23 | | 210 days after the date that a request for proposal is issued | 24 | | pursuant to subsection (b), then the municipality must adhere | 25 | | to all of the requirements set forth in subsections (b) and | 26 | | (b-5). |
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| 1 | | (b-15) The franchise fee and any other fees, taxes, or | 2 | | charges imposed by the municipality in connection with a | 3 | | franchise for the collection of waste from non-residential | 4 | | locations must be used exclusively for costs associated with | 5 | | administering the franchise program. | 6 | | (c) If a municipality with a population of less than | 7 | | 1,000,000 has never awarded a franchise to a private entity for | 8 | | the collection of waste from non-residential locations, then a | 9 | | private entity may not begin providing waste collection | 10 | | services to non-residential locations under a franchise | 11 | | agreement with that municipality at any time before the date | 12 | | that is 15 months after the date the ordinance or resolution | 13 | | approving the award of the franchise is adopted. | 14 | | (d) For purposes of this Section, "waste" means garbage, | 15 | | refuse, or ashes as defined in Section 11-19-2. | 16 | | (e) A home rule unit may not award a franchise to a private | 17 | | entity for the collection of waste in a manner contrary to the | 18 | | provisions of this Section. This Section is a limitation under | 19 | | subsection (i) of Section 6 of Article VII of the Illinois | 20 | | Constitution on the concurrent exercise by home rule units of | 21 | | powers and functions exercised by the State.
| 22 | | (Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
| 23 | | Section 95. The Solid Waste Planning and Recycling Act is | 24 | | amended by adding Section 13 as follows: |
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| 1 | | (415 ILCS 15/13 new) | 2 | | Sec. 13. Solid Waste Hauling and Recycling Program Act. | 3 | | This Act is subject to the provisions of the Solid Waste | 4 | | Hauling and Recycling Program Act.
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.
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