Rep. Anthony DeLuca

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend House Bill 5666 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Illinois Solid Waste Hauling and Recycling Program Act.
6    Section 5. Definitions. As used in this Act, unless the
7context clearly indicates otherwise:
8    "Agency" means the Illinois Environmental Protection
10    "Applicant" means any Person applying for a solid waste
11hauling license under this Act.
12    "County" means a county in Illinois having a population of
133,000,000 or more, and any county that is contiguous to that
15    "General construction or demolition debris" has the
16meaning ascribed to that term in Section 3.160 of the



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1Environmental Protection Act.
2    "Hauler" means any person who engages in the business of
3collecting or hauling garbage, municipal waste, recyclable
4material, landscape waste, brush, or other refuse on a
5continuous and regular basis, and makes multiple scheduled
6collections per month within a county.
7    "Landscape waste" means all accumulations of grass or
8shrubbery cuttings, leaves, tree limbs, and other materials
9accumulated as the result of the care of lawns, shrubbery,
10vines, and trees.
11    "Municipal waste" means garbage, general household
12institutional and commercial waste, industrial lunchroom or
13office waste, and landscape waste. "Municipal waste" also
14includes "garbage", "refuse", and "ashes", as those terms are
15defined in Section 11-19-2 of the Municipal Code.
16    "Municipality" means a municipality, as defined in Section
171 of Article VII of the Illinois Constitution, that is located
18either partially or wholly within the boundaries of a county as
19defined in this Section. "Municipality" does not include a
20municipality with a population of 2,000,000 or more.
21    "Person" means any business, public or private
22corporation, partnership, association, government agency,
23municipality, unit of local government, or other legal entity.
24    "Recycling" means a method, technique, or process designed
25to remove any contaminant from waste so as to render that waste
26reusable, or any process by which materials that would



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1otherwise be disposed of or discarded are collected, separated,
2or processed and returned to the economic mainstream in the
3form of raw materials or products.
4    "Recycling center" means a site or a facility that accepts
5only segregated, nonhazardous, nonspecial, homogenous,
6nonputrescible materials, such as dry paper, glass, cans or
7plastics for subsequent use in the secondary materials market.
8    "Recyclable material" means material that is separated
9from municipal waste for the purpose of recycling, including,
10but not limited to, ferrous metal cans, aluminum containers,
11glass, plastics including HDPE or PET containers and plastics
12#3 through #7, newsprint, corrugated paper, junk mail,
13magazines, office paper, and boxboard.
14    Section 10. Collection of recyclable materials.
15    (a) Each hauler operating in a county or municipality shall
16offer, either as part of basic service, or alternatively as an
17additional service, the collection of recyclable materials
18from any commercial business, commercial property, or
19institutional facility within that county or municipality.
20Haulers shall provide information on how and what materials to
21recycle at least once every other year to customers with
22recycling service. Haulers shall provide a written offer to
23provide recycling services to commercial businesses, owners or
24operators of commercial property, and institutional facilities
25that are not recycling. Those offers shall be made at least



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1once during the term of the contract or at least once every 2
2years, whichever is shorter. The hauler's written offer shall
3include a request that the commercial business, owner or
4operator of the commercial business, or institutional facility
5respond to the hauler's request to provide recycling services
6in writing.
7    (b) Recyclable materials collected by a hauler within a
8county or municipality shall not be deposited into a landfill
9or incinerator unless all reasonable efforts have been made by
10the hauler to sell those recyclable materials to a processor or
11end user.
12    (c) Ownership of recyclable materials set out for
13collection shall remain with the commercial business,
14commercial property owner, or institutional facility that set
15out the material for collection until the material is removed
16by the hauler.
17    Section 15. Compliance. Nothing in this Act shall exempt a
18hauler from obtaining a license or permit required by other
19applicable laws or regulations. The hauler shall at all times
20operate in compliance with all applicable laws and regulations.
21    In the event of a conflict between this Act and any other
22law, including, but not limited to, the Solid Waste Planning
23and Recycling Act, the Counties Code, and the Illinois
24Municipal Code, this Act shall control.



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1    Section 20. Recyclable materials reporting. Beginning
2January 15, 2015, and each January 15 and July 15 thereafter, a
3recycling center, a recycling center operator, or a facility
4that accepts exclusively general construction or demolition
5debris pursuant to Section 22.38 of the Act must provide a
6report to the Agency, on forms provided by the Agency, that
7includes: (i) the site name, the owner of the recycling center
8or general construction or demolition debris facility, and the
9semi-annual period for which the summary applies; and (ii) the
10total quantity of recyclable materials or general construction
11or demolition debris received during the preceding semi-annual
12period, in tons or cubic yards.
13    Section 25. Applicability. Nothing in this Act shall apply
14to a contract or franchise awarded pursuant to Section 11-19-1
15of the Municipal Code, entered into before the effective date
16of this Act.
17    Section 30. Home Rule. No home rule municipality or home
18rule county may regulate haulers in a manner less restrictive
19than the regulation of haulers by the State under this Act.
20This Act is a limitation under subsection (i) of Section 6 of
21Article VII of the Illinois Constitution on the concurrent
22exercise by home rule municipalities or home rule counties of
23powers and functions exercised by the State.



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1    Section 90. The Illinois Municipal Code is amended by
2changing Section 11-19-1 as follows:
3    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)
4    Sec. 11-19-1. Contracts.
5    (a) Any city, village or incorporated town may make
6contracts with any other city, village, or incorporated town or
7with any person, corporation, or county, or any agency created
8by intergovernmental agreement, for more than one year and not
9exceeding 30 years relating to the collection and final
10disposition, or relating solely to either the collection or
11final disposition of garbage, refuse and ashes. A municipality
12may contract with private industry to operate a designated
13facility for the disposal, treatment or recycling of solid
14waste, and may enter into contracts with private firms or local
15governments for the delivery of waste to such facility. In
16regard to a contract involving a garbage, refuse, or garbage
17and refuse incineration facility, the 30 year contract
18limitation imposed by this Section shall be computed so that
19the 30 years shall not begin to run until the date on which the
20facility actually begins accepting garbage or refuse. The
21payments required in regard to any contract entered into under
22this Division 19 shall not be regarded as indebtedness of the
23city, village, or incorporated town, as the case may be, for
24the purpose of any debt limitation imposed by any law.
25    (a-5) If a municipality with a population of less than



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11,000,000 located in a county as defined in the Illinois Solid
2Waste and Recycling Program Act has never awarded a franchise
3to a private entity for the collection of waste for
4non-residential locations, then the municipality may not award
5a franchise unless (1) the municipality provides prior written
6notice to all haulers licensed to provide waste hauling
7services in that municipality of the municipality's intent to
8issue a request for proposal under this Section, (2) the
9municipality adopts an ordinance requiring each licensed
10hauler, for a period of no less than 36 continuous months, to
11report to the municipality the number of non-residential
12locations served by the hauler in the municipality and the
13number of non-residential locations contracting with the
14hauler for the recyclable materials collection service
15pursuant to Section 10 of the Solid Waste Hauling and Recycling
16Program Act, and (3) that upon conclusion of that 36 month
17reporting period, less than 30% of the non-residential
18locations within the municipality contract for recyclable
19material collection services pursuant to Section 10 of the
20Solid Waste Hauling and Recycling Act.
21    (b) If a municipality with a population of less than
221,000,000 has never awarded a franchise to a private entity for
23the collection of waste from non-residential locations, then
24that municipality may not award such a franchise without
25issuing a request for proposal. The municipality may not issue
26a request for proposal without first: (i) holding at least one



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1public hearing seeking comment on the advisability of issuing a
2request for proposal and awarding a franchise; (ii) providing
3at least 30 days' written notice of the hearing, delivered by
4first class mail to all private entities that provide
5non-residential waste collection services within the
6municipality that the municipality is able to identify through
7its records; and (iii) providing at least 30 days' public
8notice of the hearing.
9    After issuing a request for proposal, the municipality may
10not award a franchise without first: (i) allowing at least 30
11days for proposals to be submitted to the municipality; (ii)
12holding at least one public hearing after the receipt of
13proposals on whether to award a franchise to a proposed
14franchisee; and (iii) providing at least 30 days' public notice
15of the hearing. At the public hearing, the municipality must
16disclose and discuss the proposed franchise fee or calculation
17formula of such franchise fee that it will receive under the
18proposed franchise.
19    (b-5) If no request for proposal is issued within 120 days
20after the initial public hearing required in subsection (b),
21then the municipality must hold another hearing as outlined in
22subsection (b).
23    (b-10) If a municipality has not awarded a franchise within
24210 days after the date that a request for proposal is issued
25pursuant to subsection (b), then the municipality must adhere
26to all of the requirements set forth in subsections (b) and



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2    (b-15) The franchise fee and any other fees, taxes, or
3charges imposed by the municipality in connection with a
4franchise for the collection of waste from non-residential
5locations must be used exclusively for costs associated with
6administering the franchise program.
7    (c) If a municipality with a population of less than
81,000,000 has never awarded a franchise to a private entity for
9the collection of waste from non-residential locations, then a
10private entity may not begin providing waste collection
11services to non-residential locations under a franchise
12agreement with that municipality at any time before the date
13that is 15 months after the date the ordinance or resolution
14approving the award of the franchise is adopted.
15    (d) For purposes of this Section, "waste" means garbage,
16refuse, or ashes as defined in Section 11-19-2.
17    (e) A home rule unit may not award a franchise to a private
18entity for the collection of waste in a manner contrary to the
19provisions of this Section. This Section is a limitation under
20subsection (i) of Section 6 of Article VII of the Illinois
21Constitution on the concurrent exercise by home rule units of
22powers and functions exercised by the State.
23(Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
24    Section 95. The Solid Waste Planning and Recycling Act is
25amended by adding Section 13 as follows:



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1    (415 ILCS 15/13 new)
2    Sec. 13. Illinois Solid Waste Hauling and Recycling Program
3Act. This Act is subject to the provisions of the Illinois
4Solid Waste Hauling and Recycling Program Act.
5    Section 999. Effective date. This Act takes effect upon
6becoming law.".