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


Rep. Anthony DeLuca

Filed: 4/8/2014





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2    AMENDMENT NO. ______. Amend House Bill 5666, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Illinois Solid Waste Hauling and Recycling Program Act.
7    Section 5. Definitions. As used in this Act, unless the
8context clearly indicates otherwise:
9    "County" means a county in Illinois having a population of
103,000,000 or more, and any county that is contiguous to that
12    "Hauler" means any person who engages in the business of
13collecting or hauling garbage, municipal waste, recyclable
14material, landscape waste, brush, or other refuse on a
15continuous and regular basis, and makes multiple scheduled
16collections per month within a county.



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1    "Landscape waste" means all accumulations of grass or
2shrubbery cuttings, leaves, tree limbs, and other materials
3accumulated as the result of the care of lawns, shrubbery,
4vines, and trees.
5    "Municipal waste" means garbage, general household
6institutional and commercial waste, industrial lunchroom or
7office waste, and landscape waste. "Municipal waste" also
8includes "garbage", "refuse", and "ashes", as those terms are
9defined in Section 11-19-2 of the Municipal Code.
10    "Municipality" means a municipality, as defined in Section
111 of Article VII of the Illinois Constitution, that is located
12either partially or wholly within the boundaries of a county as
13defined in this Section. "Municipality" does not include a
14municipality with a population of 2,000,000 or more.
15    "Person" means any business, public or private
16corporation, partnership, association, government agency,
17municipality, unit of local government, or other legal entity.
18    "Recycling" means a method, technique, or process designed
19to remove any contaminant from waste so as to render that waste
20reusable, or any process by which materials that would
21otherwise be disposed of or discarded are collected, separated,
22or processed and returned to the economic mainstream in the
23form of raw materials or products.
24    "Recyclable material" means material that is separated
25from municipal waste for the purpose of recycling, including,
26but not limited to, ferrous metal cans, aluminum containers,



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1glass, plastics including HDPE or PET containers and plastics
2#3 through #7, newsprint, corrugated paper, junk mail,
3magazines, office paper, and boxboard.
4    Section 10. Collection of recyclable materials.
5    (a) Each hauler operating in a county or municipality shall
6offer, either as part of basic service, or alternatively as an
7additional service, the collection of recyclable materials
8from any commercial business, commercial property, or
9institutional facility within that county or municipality.
10Haulers shall provide information on how and what materials to
11recycle at least once every other year to customers with
12recycling service. Haulers shall provide a written offer to
13provide recycling services to commercial businesses, owners or
14operators of commercial property, and institutional facilities
15that are not recycling. Those offers shall be made at least
16once during the term of the contract or at least once every 2
17years, whichever is shorter. The hauler's written offer shall
18include a request that the commercial business, owner or
19operator of the commercial business, or institutional facility
20respond to the hauler's request to provide recycling services
21in writing.
22    (b) Recyclable materials collected by a hauler within a
23county or municipality shall not be deposited into a landfill
24or incinerator unless all reasonable efforts have been made by
25the hauler to sell those recyclable materials to a processor or



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1end user.
2    (c) Ownership of recyclable materials set out for
3collection shall remain with the commercial business,
4commercial property owner, or institutional facility that set
5out the material for collection until the material is removed
6by the hauler.
7    Section 15. Compliance. Nothing in this Act shall exempt a
8hauler from obtaining a license or permit required by other
9applicable laws or regulations. The hauler shall at all times
10operate in compliance with all applicable laws and regulations.
11    In the event of a conflict between this Act and any other
12law, including, but not limited to, the Solid Waste Planning
13and Recycling Act, the Counties Code, and the Illinois
14Municipal Code, this Act shall control.
15    Section 20. Applicability. Nothing in this Act shall apply
16to a contract or franchise awarded pursuant to Section 11-19-1
17of the Municipal Code, entered into before the effective date
18of this Act.
19    Section 25. Home Rule. No home rule municipality or home
20rule county may provide for the collection of recyclable
21materials in a manner less restrictive than the provisions of
22this Act. This Act is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the



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



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1city, village, or incorporated town, as the case may be, for
2the purpose of any debt limitation imposed by any law.
3    (a-5) If a municipality with a population of less than
41,000,000 located in a county as defined in the Illinois Solid
5Waste and Recycling Program Act has never awarded a franchise
6to a private entity for the collection of waste from
7non-residential locations, then the municipality may not award
8a franchise unless:
9        (1) the municipality provides prior written notice to
10    all haulers licensed to provide waste hauling service in
11    that municipality of the municipality's intent to issue a
12    request for proposal under this Section;
13        (2) the municipality adopts an ordinance requiring
14    each licensed hauler, for a period of no less than 36
15    continuous months commencing on the first day of the month
16    following the effective date of such ordinance, to report
17    every 6 months to the municipality the number of
18    non-residential locations served by the hauler in the
19    municipality and the number of non-residential locations
20    contracting with the hauler for the recyclable materials
21    collection service pursuant to Section 10 of the Solid
22    Waste Hauling and Recycling Program Act; and
23        (3) the report to the municipality required under
24    paragraph (2) of this subsection (a-5) for the final 6
25    months of that 36-month period establishes that less than
26    50% of the non-residential locations in the municipality



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



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1before the last day of the month following the end of the
26-month reporting period. Within 15 days after the last day for
3licensed haulers to file such reports, the municipality shall
4post on its website: (i) the information provided by each
5hauler pursuant this subsection (a-10), without identifying
6the hauler; and (ii) the aggregate number of non-residential
7locations served by all licensed haulers in the municipality
8and the aggregate number of non-residential locations
9contracting with all licensed haulers in the municipality for
10the recyclable materials collection service under Section 10 of
11the Solid Waste Hauling and Recycling Program Act.
12    A municipality subject to subsection (a-5) of this Section
13may not award a franchise unless 3 consecutive 6-month reports
14determine that less than 50% of the non-residential locations
15within the municipality contract for recyclable material
16collection service pursuant to Section 10 of the Solid Waste
17Hauling and Recycling Program Act.
18    (b) If a municipality with a population of less than
191,000,000 has never awarded a franchise to a private entity for
20the collection of waste from non-residential locations, then
21that municipality may not award such a franchise without
22issuing a request for proposal. The municipality may not issue
23a request for proposal without first: (i) holding at least one
24public hearing seeking comment on the advisability of issuing a
25request for proposal and awarding a franchise; (ii) providing
26at least 30 days' written notice of the hearing, delivered by



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1first class mail to all private entities that provide
2non-residential waste collection services within the
3municipality that the municipality is able to identify through
4its records; and (iii) providing at least 30 days' public
5notice of the hearing.
6    After issuing a request for proposal, the municipality may
7not award a franchise without first: (i) allowing at least 30
8days for proposals to be submitted to the municipality; (ii)
9holding at least one public hearing after the receipt of
10proposals on whether to award a franchise to a proposed
11franchisee; and (iii) providing at least 30 days' public notice
12of the hearing. At the public hearing, the municipality must
13disclose and discuss the proposed franchise fee or calculation
14formula of such franchise fee that it will receive under the
15proposed franchise.
16    (b-5) If no request for proposal is issued within 120 days
17after the initial public hearing required in subsection (b),
18then the municipality must hold another hearing as outlined in
19subsection (b).
20    (b-10) If a municipality has not awarded a franchise within
21210 days after the date that a request for proposal is issued
22pursuant to subsection (b), then the municipality must adhere
23to all of the requirements set forth in subsections (b) and
25    (b-15) The franchise fee and any other fees, taxes, or
26charges imposed by the municipality in connection with a



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1franchise for the collection of waste from non-residential
2locations must be used exclusively for costs associated with
3administering the franchise program.
4    (c) If a municipality with a population of less than
51,000,000 has never awarded a franchise to a private entity for
6the collection of waste from non-residential locations, then a
7private entity may not begin providing waste collection
8services to non-residential locations under a franchise
9agreement with that municipality at any time before the date
10that is 15 months after the date the ordinance or resolution
11approving the award of the franchise is adopted.
12    (d) For purposes of this Section, "waste" means garbage,
13refuse, or ashes as defined in Section 11-19-2.
14    (e) A home rule unit may not award a franchise to a private
15entity for the collection of waste in a manner contrary to the
16provisions of this Section. This Section is a limitation under
17subsection (i) of Section 6 of Article VII of the Illinois
18Constitution on the concurrent exercise by home rule units of
19powers and functions exercised by the State.
20(Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
21    Section 95. The Solid Waste Planning and Recycling Act is
22amended by adding Section 13 as follows:
23    (415 ILCS 15/13 new)
24    Sec. 13. Illinois Solid Waste Hauling and Recycling Program



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1Act. This Act is subject to the provisions of the Illinois
2Solid Waste Hauling and Recycling Program Act.
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".