Illinois General Assembly - Full Text of HB5666
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Full Text of HB5666  98th General Assembly

HB5666enr 98TH GENERAL ASSEMBLY

  
  
  

 


 
HB5666 EnrolledLRB098 20243 MGM 55609 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Solid
5Waste Hauling and Recycling Program Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context clearly indicates otherwise:
8    "County" means a county in Illinois having a population of
93,000,000 or more, and any county that is contiguous to that
10county.
11    "Hauler" means any person who engages in the business of
12collecting or hauling garbage, municipal waste, recyclable
13material, landscape waste, brush, or other refuse on a
14continuous and regular basis, and makes multiple scheduled
15collections per month within a county.
16    "Landscape waste" means all accumulations of grass or
17shrubbery cuttings, leaves, tree limbs, and other materials
18accumulated as the result of the care of lawns, shrubbery,
19vines, and trees.
20    "Municipal waste" means garbage, general household
21institutional and commercial waste, industrial lunchroom or
22office waste, and landscape waste. "Municipal waste" also
23includes "garbage", "refuse", and "ashes", as those terms are

 

 

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1defined in Section 11-19-2 of the Municipal Code.
2    "Municipality" means a municipality, as defined in Section
31 of Article VII of the Illinois Constitution, that is located
4either partially or wholly within the boundaries of a county as
5defined in this Section. "Municipality" does not include a
6municipality with a population of 2,000,000 or more.
7    "Person" means any business, public or private
8corporation, partnership, association, government agency,
9municipality, unit of local government, or other legal entity.
10    "Recycling" means a method, technique, or process designed
11to remove any contaminant from waste so as to render that waste
12reusable, or any process by which materials that would
13otherwise be disposed of or discarded are collected, separated,
14or processed and returned to the economic mainstream in the
15form of raw materials or products.
16    "Recyclable material" means material that is separated
17from municipal waste for the purpose of recycling, including,
18but not limited to, ferrous metal cans, aluminum containers,
19glass, plastics including HDPE or PET containers and plastics
20#3 through #7, newsprint, corrugated paper, junk mail,
21magazines, office paper, and boxboard.
 
22    Section 10. Collection of recyclable materials.
23    (a) Each hauler operating in a county or municipality shall
24offer, either as part of basic service, or alternatively as an
25additional service, the collection of recyclable materials

 

 

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1from any commercial business, commercial property, or
2institutional facility within that county or municipality.
3Haulers shall provide information on how and what materials to
4recycle at least once every other year to customers with
5recycling service. Haulers shall provide a written offer to
6provide recycling services to commercial businesses, owners or
7operators of commercial property, and institutional facilities
8that are not recycling. Those offers shall be made at least
9once during the term of the contract or at least once every 2
10years, whichever is shorter. The hauler's written offer shall
11include a request that the commercial business, owner or
12operator of the commercial business, or institutional facility
13respond to the hauler's request to provide recycling services
14in writing.
15    (b) Recyclable materials collected by a hauler within a
16county or municipality shall not be deposited into a landfill
17or incinerator unless all reasonable efforts have been made by
18the hauler to sell those recyclable materials to a processor or
19end user.
20    (c) Ownership of recyclable materials set out for
21collection shall remain with the commercial business,
22commercial property owner, or institutional facility that set
23out the material for collection until the material is removed
24by the hauler.
 
25    Section 15. Compliance. Nothing in this Act shall exempt a

 

 

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1hauler from obtaining a license or permit required by other
2applicable laws or regulations. The hauler shall at all times
3operate in compliance with all applicable laws and regulations.
4    In the event of a conflict between this Act and any other
5law, including, but not limited to, the Solid Waste Planning
6and Recycling Act, the Counties Code, and the Illinois
7Municipal Code, this Act shall control.
 
8    Section 20. Applicability. Nothing in this Act shall apply
9to a contract or franchise awarded pursuant to Section 11-19-1
10of the Municipal Code, entered into before the effective date
11of this Act. Nothing in this Act shall apply to a municipality
12with a population of 2,000,000 or more.
 
13    Section 25. Home Rule. No home rule municipality with a
14population of less than 2,000,000 or home rule county may
15provide for the collection of recyclable materials in a manner
16less restrictive than the provisions of this Act. This Act is a
17limitation under subsection (i) of Section 6 of Article VII of
18the Illinois Constitution on the concurrent exercise by home
19rule municipalities or home rule counties of powers and
20functions exercised by the State.
 
21    Section 90. The Illinois Municipal Code is amended by
22changing 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
4contracts with any other city, village, or incorporated town or
5with any person, corporation, or county, or any agency created
6by intergovernmental agreement, for more than one year and not
7exceeding 30 years relating to the collection and final
8disposition, or relating solely to either the collection or
9final disposition of garbage, refuse and ashes. A municipality
10may contract with private industry to operate a designated
11facility for the disposal, treatment or recycling of solid
12waste, and may enter into contracts with private firms or local
13governments for the delivery of waste to such facility. In
14regard to a contract involving a garbage, refuse, or garbage
15and refuse incineration facility, the 30 year contract
16limitation imposed by this Section shall be computed so that
17the 30 years shall not begin to run until the date on which the
18facility actually begins accepting garbage or refuse. The
19payments required in regard to any contract entered into under
20this Division 19 shall not be regarded as indebtedness of the
21city, village, or incorporated town, as the case may be, for
22the purpose of any debt limitation imposed by any law.
23    (a-5) If a municipality with a population of less than
241,000,000 located in a county as defined in the Solid Waste and
25Recycling Program Act has never awarded a franchise to a
26private entity for the collection of waste from non-residential

 

 

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1locations, then the municipality may not award a franchise
2unless:
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
25the hauler on or before the last day of the month following the
26end of the 6-month reporting period. Within 15 days after the

 

 

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

 

 

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1reports for that 6-month period shall be filed with the
2municipality by the hauler on or before the last day of the
3month following the end of the 6-month reporting period. Within
415 days after the last day for licensed haulers to file such
5reports, the municipality shall post on its website: (i) the
6information provided by each hauler pursuant to this subsection
7(a-10), without identifying the hauler; and (ii) the aggregate
8number of non-residential locations served by all licensed
9haulers in the municipality and the aggregate number of
10non-residential locations contracting with all licensed
11haulers in the municipality for the recyclable materials
12collection service under Section 10 of the Solid Waste Hauling
13and Recycling Program Act.
14    A municipality subject to subsection (a-5) of this Section
15may not award a franchise unless 2 consecutive 6-month reports
16determine that less than 50% of the non-residential locations
17within the municipality contract for recyclable material
18collection service pursuant to Section 10 of the Solid Waste
19Hauling and Recycling Program Act.
20    (b) If a municipality with a population of less than
211,000,000 has never awarded a franchise to a private entity for
22the collection of waste from non-residential locations, then
23that municipality may not award such a franchise without
24issuing a request for proposal. The municipality may not issue
25a request for proposal without first: (i) holding at least one
26public hearing seeking comment on the advisability of issuing a

 

 

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1request for proposal and awarding a franchise; (ii) providing
2at least 30 days' written notice of the hearing, delivered by
3first class mail to all private entities that provide
4non-residential waste collection services within the
5municipality that the municipality is able to identify through
6its records; and (iii) providing at least 30 days' public
7notice of the hearing.
8    After issuing a request for proposal, the municipality may
9not award a franchise without first: (i) allowing at least 30
10days for proposals to be submitted to the municipality; (ii)
11holding at least one public hearing after the receipt of
12proposals on whether to award a franchise to a proposed
13franchisee; and (iii) providing at least 30 days' public notice
14of the hearing. At the public hearing, the municipality must
15disclose and discuss the proposed franchise fee or calculation
16formula of such franchise fee that it will receive under the
17proposed franchise.
18    (b-5) If no request for proposal is issued within 120 days
19after the initial public hearing required in subsection (b),
20then the municipality must hold another hearing as outlined in
21subsection (b).
22    (b-10) If a municipality has not awarded a franchise within
23210 days after the date that a request for proposal is issued
24pursuant to subsection (b), then the municipality must adhere
25to 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
2charges imposed by the municipality in connection with a
3franchise for the collection of waste from non-residential
4locations must be used exclusively for costs associated with
5administering the franchise program.
6    (c) If a municipality with a population of less than
71,000,000 has never awarded a franchise to a private entity for
8the collection of waste from non-residential locations, then a
9private entity may not begin providing waste collection
10services to non-residential locations under a franchise
11agreement with that municipality at any time before the date
12that is 15 months after the date the ordinance or resolution
13approving the award of the franchise is adopted.
14    (d) For purposes of this Section, "waste" means garbage,
15refuse, or ashes as defined in Section 11-19-2.
16    (e) A home rule unit may not award a franchise to a private
17entity for the collection of waste in a manner contrary to the
18provisions of this Section. This Section is a limitation under
19subsection (i) of Section 6 of Article VII of the Illinois
20Constitution on the concurrent exercise by home rule units of
21powers 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
24amended 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.
3This Act is subject to the provisions of the Solid Waste
4Hauling and Recycling Program Act.
 
5    Section 999. Effective date. This Act takes effect upon
6becoming law.