Sen. Don Harmon

Filed: 5/25/2017

 

 


 

 


 
10000HB3922sam002LRB100 10387 AMC 27079 a

1
AMENDMENT TO HOUSE BILL 3922

2    AMENDMENT NO. ______. Amend House Bill 3922, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6changing Sections 11-19-1, 11-19-2, and 11-19-5 as follows:
 
7    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)
8    Sec. 11-19-1. Contracts.
9    (a) Any city, village or incorporated town may make
10contracts with any other city, village, or incorporated town or
11with any person, corporation, or county, or any agency created
12by intergovernmental agreement, for more than one year and not
13exceeding 30 years relating to the collection and final
14disposition, or relating solely to either the collection or
15final disposition of garbage, refuse and ashes. A municipality
16may contract with private industry to operate a designated

 

 

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1facility for the disposal, treatment or recycling of solid
2waste, and may enter into contracts with private firms or local
3governments for the delivery of waste to such facility. In
4regard to a contract involving a garbage, refuse, or garbage
5and refuse incineration facility, the 30 year contract
6limitation imposed by this Section shall be computed so that
7the 30 years shall not begin to run until the date on which the
8facility actually begins accepting garbage or refuse. The
9payments required in regard to any contract entered into under
10this Division 19 shall not be regarded as indebtedness of the
11city, village, or incorporated town, as the case may be, for
12the purpose of any debt limitation imposed by any law. On and
13after the effective date of this amendatory Act of the 100th
14General Assembly, a municipality with a population of less than
151,000,000 shall not enter into any new contracts with any other
16unit of local government, by intergovernmental agreement or
17otherwise, or with any corporation or person relating to the
18collecting and final disposition of general construction or
19demolition debris; except that this sentence does not apply to
20a municipality with a population of less than 1,000,000 that is
21a party to: (1) a contract relating to the collecting and final
22disposition of general construction or demolition debris on the
23effective date of this amendatory Act of the 100th General
24Assembly; or (2) the renewal or extension of a contract
25relating to the collecting and final disposition of general
26construction or demolition debris irrespective of whether the

 

 

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1contract automatically renews, is amended, or is subject to a
2new request for proposal after the effective date of this
3amendatory Act of the 100th General Assembly.
4    (a-5) If a municipality with a population of less than
51,000,000 located in a county as defined in the Solid Waste and
6Recycling Program Act has never awarded a franchise to a
7private entity for the collection of waste from non-residential
8locations, then the municipality may not award a franchise
9unless:
10        (1) the municipality provides prior written notice to
11    all haulers licensed to provide waste hauling service in
12    that municipality of the municipality's intent to issue a
13    request for proposal under this Section;
14        (2) the municipality adopts an ordinance requiring
15    each licensed hauler, for a period of no less than 36
16    continuous months commencing on the first day of the month
17    following the effective date of such ordinance, to report
18    every 6 months to the municipality the number of
19    non-residential locations served by the hauler in the
20    municipality and the number of non-residential locations
21    contracting with the hauler for the recyclable materials
22    collection service pursuant to Section 10 of the Solid
23    Waste Hauling and Recycling Program Act; and
24        (3) the report to the municipality required under
25    paragraph (2) of this subsection (a-5) for the final 6
26    months of that 36-month period establishes that less than

 

 

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1    50% of the non-residential locations in the municipality
2    contract for recyclable material collection services
3    pursuant to Section 10 of the Solid Waste Hauling and
4    Recycling Program Act.
5    All such reports shall be filed with the municipality by
6the hauler on or before the last day of the month following the
7end of the 6-month reporting period. Within 15 days after the
8last day for licensed haulers to file such reports, the
9municipality shall post on its website: (i) the information
10provided by each hauler pursuant to paragraph (2) of this
11subsection (a-5), without identifying the hauler; and (ii) the
12aggregate number of non-residential locations served by all
13licensed haulers in the municipality and the aggregate number
14of non-residential locations contracting with all licensed
15haulers in the municipality for the recyclable materials
16collection service under Section 10 of the Solid Waste Hauling
17and Recycling Program Act.
18    (a-10) Beginning at the conclusion of the 36-month
19reporting period and thereafter, and upon written request of
20the municipality, each licensed hauler shall, for every 6-month
21period, report to the municipality (i) the number of
22non-residential locations served by the hauler in the
23municipality and the number of non-residential locations
24contracting with the hauler for the recyclable materials
25collection service pursuant to Section 10 of the Solid Waste
26Hauling and Recycling Program Act, (ii) an estimate of the

 

 

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1quantity of recyclable materials, in tons, collected by the
2hauler in the municipality from non-residential locations
3contracting with the hauler for recyclable materials
4collection service pursuant to Section 10 of the Solid Waste
5Hauling and Recycling Program Act, and (iii) an estimate of the
6quantity of municipal waste, in tons, collected by the hauler
7in the municipality from those non-residential locations. All
8reports for that 6-month period shall be filed with the
9municipality by the hauler on or before the last day of the
10month following the end of the 6-month reporting period. Within
1115 days after the last day for licensed haulers to file such
12reports, the municipality shall post on its website: (i) the
13information provided by each hauler pursuant to this subsection
14(a-10), without identifying the hauler; and (ii) the aggregate
15number of non-residential locations served by all licensed
16haulers in the municipality and the aggregate number of
17non-residential locations contracting with all licensed
18haulers in the municipality for the recyclable materials
19collection service under Section 10 of the Solid Waste Hauling
20and Recycling Program Act.
21    A municipality subject to subsection (a-5) of this Section
22may not award a franchise unless 2 consecutive 6-month reports
23determine that less than 50% of the non-residential locations
24within the municipality contract for recyclable material
25collection service pursuant to Section 10 of the Solid Waste
26Hauling and Recycling Program Act.

 

 

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1    (b) If a municipality with a population of less than
21,000,000 has never awarded a franchise to a private entity for
3the collection of waste from non-residential locations, then
4that municipality may not award such a franchise without
5issuing a request for proposal. The municipality may not issue
6a request for proposal without first: (i) holding at least one
7public hearing seeking comment on the advisability of issuing a
8request for proposal and awarding a franchise; (ii) providing
9at least 30 days' written notice of the hearing, delivered by
10first class mail to all private entities that provide
11non-residential waste collection services within the
12municipality that the municipality is able to identify through
13its records; and (iii) providing at least 30 days' public
14notice of the hearing.
15    After issuing a request for proposal, the municipality may
16not award a franchise without first: (i) allowing at least 30
17days for proposals to be submitted to the municipality; (ii)
18holding at least one public hearing after the receipt of
19proposals on whether to award a franchise to a proposed
20franchisee; and (iii) providing at least 30 days' public notice
21of the hearing. At the public hearing, the municipality must
22disclose and discuss the proposed franchise fee or calculation
23formula of such franchise fee that it will receive under the
24proposed franchise.
25    (b-5) If no request for proposal is issued within 120 days
26after the initial public hearing required in subsection (b),

 

 

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1then the municipality must hold another hearing as outlined in
2subsection (b).
3    (b-10) If a municipality has not awarded a franchise within
4210 days after the date that a request for proposal is issued
5pursuant to subsection (b), then the municipality must adhere
6to all of the requirements set forth in subsections (b) and
7(b-5).
8    (b-15) The franchise fee and any other fees, taxes, or
9charges imposed by the municipality in connection with a
10franchise for the collection of waste from non-residential
11locations must be used exclusively for costs associated with
12administering the franchise program.
13    (c) If a municipality with a population of less than
141,000,000 has never awarded a franchise to a private entity for
15the collection of waste from non-residential locations, then a
16private entity may not begin providing waste collection
17services to non-residential locations under a franchise
18agreement with that municipality at any time before the date
19that is 15 months after the date the ordinance or resolution
20approving the award of the franchise is adopted.
21    (d) For purposes of this Section, "waste" means garbage,
22refuse, or ashes as defined in Section 11-19-2.
23    (e) A home rule unit may not award a franchise to a private
24entity for the collection of waste in a manner contrary to the
25provisions of this Section. This Section is a limitation under
26subsection (i) of Section 6 of Article VII of the Illinois

 

 

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1Constitution on the concurrent exercise by home rule units of
2powers and functions exercised by the State.
3    (f) A municipality with a population of less than 1,000,000
4shall not award a franchise or contract to any private entity
5for the collection of general construction or demolition debris
6from residential or non-residential locations. This subsection
7does not apply to a municipality with a population of less than
81,000,000 that is a party to: (1) a franchise or contract with
9a private entity for the collection of general construction or
10demolition debris from residential or non-residential
11locations on the effective date of this amendatory Act of the
12100th General Assembly; or (2) the renewal or extension of a
13franchise or contract with a private entity for the collection
14of general construction or demolition debris from residential
15or non-residential locations irrespective of whether the
16franchise or contract automatically renews, is amended, or is
17subject to a new request for proposal after the effective date
18of this amendatory Act of the 100th General Assembly.
19(Source: P.A. 98-1079, eff. 8-26-14.)
 
20    (65 ILCS 5/11-19-2)  (from Ch. 24, par. 11-19-2)
21    Sec. 11-19-2. As used in this Division 19, the words
22"garbage", "refuse", and "ashes" have the following meanings:
23    (1) "Garbage" means wastes . Wastes resulting from the
24handling, preparation, cooking and consumption of food; wastes
25from the handling, storage and sale of produce.

 

 

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1    (2) "Refuse" means combustible . Combustible trash,
2including, but not limited to, paper, cartons, boxes, barrels,
3wood, excelsior, tree branches, yard trimmings, wood
4furniture, bedding; noncombustible trash, including, but not
5limited to, metals, tin cans, metal furniture, dirt, small
6quantities of rock and pieces of concrete, glass, crockery,
7other mineral waste; street rubbish, including, but not limited
8to, street sweepings, dirt, leaves, catch-basin dirt, contents
9of litter receptacles, but refuse does not mean earth and
10wastes from building operations, nor shall it include solid
11wastes resulting from industrial processes and manufacturing
12operations such as food processing wastes, boiler-house
13cinders, lumber, scraps and shavings.
14    (3) "Ashes" means residue . Residue from fires used for
15cooking and for heating buildings.
16    (4) "General construction or demolition debris" has the
17meaning given to that term in Section 3.160 of the
18Environmental Protection Act.
19(Source: Laws 1961, p. 576.)
 
20    (65 ILCS 5/11-19-5)  (from Ch. 24, par. 11-19-5)
21    Sec. 11-19-5. Every city, village or incorporated town may
22provide such method or methods as shall be approved by the
23corporate authorities for the disposition of garbage, refuse
24and ashes. Any municipality may provide by ordinance that such
25method or methods shall be the exclusive method or methods for

 

 

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1the disposition of garbage, refuse and ashes to be allowed
2within that municipality. Such ordinance may be enacted
3notwithstanding the fact that competition may be displaced or
4that such ordinance may have an anti-competitive effect. Such
5methods may include, but need not be limited to land fill,
6feeding of garbage to hogs, incineration, reduction to
7fertilizer, or otherwise. Salvage and fertilizer or other
8matter or things of value may be sold and the proceeds used for
9the operation of the system. Material that is intended or
10collected to be recycled is not garbage, refuse or ashes. A
11municipality with a population of less than 1,000,000 shall not
12provide by ordinance for any methods that award a franchise for
13the collection or final disposition of general construction or
14demolition debris, except as allowed under Section 11-19-1.
15(Source: P.A. 84-794.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".