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Public Act 100-0316


 

Public Act 0316 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0316
 
SB1807 EnrolledLRB100 11120 AWJ 21386 b

    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 Sections 11-19-1, 11-19-2, and 11-19-5 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. On and
after the effective date of this amendatory Act of the 100th
General Assembly, a municipality with a population of less than
1,000,000 shall not enter into any new contracts with any other
unit of local government, by intergovernmental agreement or
otherwise, or with any corporation or person relating to the
collecting and final disposition of general construction or
demolition debris; except that this sentence does not apply to
a municipality with a population of less than 1,000,000 that is
a party to: (1) a contract relating to the collecting and final
disposition of general construction or demolition debris on the
effective date of this amendatory Act of the 100th General
Assembly; or (2) the renewal or extension of a contract
relating to the collecting and final disposition of general
construction or demolition debris irrespective of whether the
contract automatically renews, is amended, or is subject to a
new request for proposal after the effective date of this
amendatory Act of the 100th General Assembly.
    (a-5) If a municipality with a population of less than
1,000,000 located in a county as defined in the Solid Waste and
Recycling Program Act has never awarded a franchise to a
private entity for the collection of waste from non-residential
locations, then the municipality may not award a franchise
unless:
        (1) the municipality provides prior written notice to
    all haulers licensed to provide waste hauling service in
    that municipality of the municipality's intent to issue a
    request for proposal under this Section;
        (2) the municipality adopts an ordinance requiring
    each licensed hauler, for a period of no less than 36
    continuous months commencing on the first day of the month
    following the effective date of such ordinance, to report
    every 6 months to the municipality the number of
    non-residential locations served by the hauler in the
    municipality and the number of non-residential locations
    contracting with the hauler for the recyclable materials
    collection service pursuant to Section 10 of the Solid
    Waste Hauling and Recycling Program Act; and
        (3) the report to the municipality required under
    paragraph (2) of this subsection (a-5) for the final 6
    months of that 36-month period establishes that less than
    50% of the non-residential locations in the municipality
    contract for recyclable material collection services
    pursuant to Section 10 of the Solid Waste Hauling and
    Recycling Program Act.
    All such reports shall be filed with the municipality by
the hauler on or before the last day of the month following the
end of the 6-month reporting period. Within 15 days after the
last day for licensed haulers to file such reports, the
municipality shall post on its website: (i) the information
provided by each hauler pursuant to paragraph (2) of this
subsection (a-5), without identifying the hauler; and (ii) the
aggregate number of non-residential locations served by all
licensed haulers in the municipality and the aggregate number
of non-residential locations contracting with all licensed
haulers in the municipality for the recyclable materials
collection service under Section 10 of the Solid Waste Hauling
and Recycling Program Act.
    (a-10) Beginning at the conclusion of the 36-month
reporting period and thereafter, and upon written request of
the municipality, each licensed hauler shall, for every 6-month
period, report to the municipality (i) the number of
non-residential locations served by the hauler in the
municipality and the number of non-residential locations
contracting with the hauler for the recyclable materials
collection service pursuant to Section 10 of the Solid Waste
Hauling and Recycling Program Act, (ii) an estimate of the
quantity of recyclable materials, in tons, collected by the
hauler in the municipality from non-residential locations
contracting with the hauler for recyclable materials
collection service pursuant to Section 10 of the Solid Waste
Hauling and Recycling Program Act, and (iii) an estimate of the
quantity of municipal waste, in tons, collected by the hauler
in the municipality from those non-residential locations. All
reports for that 6-month period shall be filed with the
municipality by the hauler on or before the last day of the
month following the end of the 6-month reporting period. Within
15 days after the last day for licensed haulers to file such
reports, the municipality shall post on its website: (i) the
information provided by each hauler pursuant to this subsection
(a-10), without identifying the hauler; and (ii) the aggregate
number of non-residential locations served by all licensed
haulers in the municipality and the aggregate number of
non-residential locations contracting with all licensed
haulers in the municipality for the recyclable materials
collection service under Section 10 of the Solid Waste Hauling
and Recycling Program Act.
    A municipality subject to subsection (a-5) of this Section
may not award a franchise unless 2 consecutive 6-month reports
determine that less than 50% of the non-residential locations
within the municipality contract for recyclable material
collection service pursuant to Section 10 of the Solid Waste
Hauling and Recycling Program Act.
    (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 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.
    (f) A municipality with a population of less than 1,000,000
shall not award a franchise or contract to any private entity
for the collection of general construction or demolition debris
from residential or non-residential locations. This subsection
does not apply to a municipality with a population of less than
1,000,000 that is a party to: (1) a franchise or contract with
a private entity for the collection of general construction or
demolition debris from residential or non-residential
locations on the effective date of this amendatory Act of the
100th General Assembly; or (2) the renewal or extension of a
franchise or contract with a private entity for the collection
of general construction or demolition debris from residential
or non-residential locations irrespective of whether the
franchise or contract automatically renews, is amended, or is
subject to a new request for proposal after the effective date
of this amendatory Act of the 100th General Assembly.
(Source: P.A. 98-1079, eff. 8-26-14.)
 
    (65 ILCS 5/11-19-2)  (from Ch. 24, par. 11-19-2)
    Sec. 11-19-2. As used in this Division 19, the words
"garbage", "refuse", and "ashes" have the following meanings:
    (1) "Garbage" means wastes . Wastes resulting from the
handling, preparation, cooking and consumption of food; wastes
from the handling, storage and sale of produce.
    (2) "Refuse" means combustible . Combustible trash,
including, but not limited to, paper, cartons, boxes, barrels,
wood, excelsior, tree branches, yard trimmings, wood
furniture, bedding; noncombustible trash, including, but not
limited to, metals, tin cans, metal furniture, dirt, small
quantities of rock and pieces of concrete, glass, crockery,
other mineral waste; street rubbish, including, but not limited
to, street sweepings, dirt, leaves, catch-basin dirt, contents
of litter receptacles, but refuse does not mean earth and
wastes from building operations, nor shall it include solid
wastes resulting from industrial processes and manufacturing
operations such as food processing wastes, boiler-house
cinders, lumber, scraps and shavings.
    (3) "Ashes" means residue . Residue from fires used for
cooking and for heating buildings.
    (4) "General construction or demolition debris" has the
meaning given to that term in Section 3.160 of the
Environmental Protection Act.
(Source: Laws 1961, p. 576.)
 
    (65 ILCS 5/11-19-5)  (from Ch. 24, par. 11-19-5)
    Sec. 11-19-5. Every city, village or incorporated town may
provide such method or methods as shall be approved by the
corporate authorities for the disposition of garbage, refuse
and ashes. Any municipality may provide by ordinance that such
method or methods shall be the exclusive method or methods for
the disposition of garbage, refuse and ashes to be allowed
within that municipality. Such ordinance may be enacted
notwithstanding the fact that competition may be displaced or
that such ordinance may have an anti-competitive effect. Such
methods may include, but need not be limited to land fill,
feeding of garbage to hogs, incineration, reduction to
fertilizer, or otherwise. Salvage and fertilizer or other
matter or things of value may be sold and the proceeds used for
the operation of the system. Material that is intended or
collected to be recycled is not garbage, refuse or ashes. A
municipality with a population of less than 1,000,000 shall not
provide by ordinance for any methods that award a franchise for
the collection or final disposition of general construction or
demolition debris, except as allowed under Section 11-19-1.
(Source: P.A. 84-794.)

Effective Date: 1/1/2018