Full Text of SB2202 99th General Assembly
SB2202sam002 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/15/2016
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| 1 | | AMENDMENT TO SENATE BILL 2202
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2202 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 11-19-1 as follows:
| 6 | | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
| 7 | | Sec. 11-19-1. Contracts.
| 8 | | (a) Any city, village or incorporated town may make | 9 | | contracts
with any other city, village, or incorporated town or | 10 | | with any person,
corporation, or county, or any agency created | 11 | | by intergovernmental
agreement, for more than one year and not | 12 | | exceeding 30 years
relating to the collection and final | 13 | | disposition, or relating solely to
either the collection or | 14 | | final disposition of garbage, refuse and ashes.
A municipality | 15 | | may contract with private industry to operate a
designated | 16 | | facility for the disposal, treatment or recycling of solid
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| 1 | | waste, and may enter into contracts with private firms or
local | 2 | | governments for the delivery of waste to such facility.
In | 3 | | regard to a contract involving a garbage, refuse, or garbage | 4 | | and refuse
incineration facility, the 30 year contract | 5 | | limitation imposed by this
Section shall be computed so that | 6 | | the 30 years shall not begin to run until
the date on which the | 7 | | facility actually begins accepting garbage or refuse.
The | 8 | | payments required in regard to any contract entered into under
| 9 | | this Division 19 shall not be regarded as indebtedness of the | 10 | | city,
village, or incorporated town, as the case may be, for | 11 | | the purpose of any
debt limitation imposed by any law. | 12 | | (a-5) If a municipality with a population of less than | 13 | | 1,000,000 located in a county as defined in the Solid Waste and | 14 | | Recycling Program Act has never awarded a franchise to a | 15 | | private entity for the collection of waste from non-residential | 16 | | locations, then the municipality may not award a franchise | 17 | | unless: | 18 | | (1) the municipality provides prior written notice to | 19 | | all haulers licensed to provide waste hauling service in | 20 | | that municipality of the municipality's intent to issue a | 21 | | request for proposal under this Section; | 22 | | (2) the municipality adopts an ordinance requiring | 23 | | each licensed hauler, for a period of no less than 36 | 24 | | continuous months commencing on the first day of the month | 25 | | following the effective date of such ordinance, to report | 26 | | every 6 months to the municipality the number of |
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| 1 | | non-residential locations served by the hauler in the | 2 | | municipality and the number of non-residential locations | 3 | | contracting with the hauler for the recyclable materials | 4 | | collection service pursuant to Section 10 of the Solid | 5 | | Waste Hauling and Recycling Program Act; and | 6 | | (3) the report to the municipality required under | 7 | | paragraph (2) of this subsection (a-5) for the final 6 | 8 | | months of that 36-month period establishes that less than | 9 | | 50% of the non-residential locations in the municipality | 10 | | contract for recyclable material collection services | 11 | | pursuant to Section 10 of the Solid Waste Hauling and | 12 | | Recycling Program Act. | 13 | | All such reports shall be filed with the municipality by | 14 | | the hauler on or before the last day of the month following the | 15 | | end of the 6-month reporting period. Within 15 days after the | 16 | | last day for licensed haulers to file such reports, the | 17 | | municipality shall post on its website: (i) the information | 18 | | provided by each hauler pursuant to paragraph (2) of this | 19 | | subsection (a-5), without identifying the hauler; and (ii) the | 20 | | aggregate number of non-residential locations served by all | 21 | | licensed haulers in the municipality and the aggregate number | 22 | | of non-residential locations contracting with all licensed | 23 | | haulers in the municipality for the recyclable materials | 24 | | collection service under Section 10 of the Solid Waste Hauling | 25 | | and Recycling Program Act. | 26 | | (a-10) Beginning at the conclusion of the 36-month |
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| 1 | | reporting period and thereafter, and upon written request of | 2 | | the municipality, each licensed hauler shall, for every 6-month | 3 | | period, report to the municipality (i) the number of | 4 | | non-residential locations served by the hauler in the | 5 | | municipality and the number of non-residential locations | 6 | | contracting with the hauler for the recyclable materials | 7 | | collection service pursuant to Section 10 of the Solid Waste | 8 | | Hauling and Recycling Program Act, (ii) an estimate of the | 9 | | quantity of recyclable materials, in tons, collected by the | 10 | | hauler in the municipality from non-residential locations | 11 | | contracting with the hauler for recyclable materials | 12 | | collection service pursuant to Section 10 of the Solid Waste | 13 | | Hauling and Recycling Program Act, and (iii) an estimate of the | 14 | | quantity of municipal waste, in tons, collected by the hauler | 15 | | in the municipality from those non-residential locations. All | 16 | | reports for that 6-month period shall be filed with the | 17 | | municipality by the hauler on or before the last day of the | 18 | | month following the end of the 6-month reporting period. Within | 19 | | 15 days after the last day for licensed haulers to file such | 20 | | reports, the municipality shall post on its website: (i) the | 21 | | information provided by each hauler pursuant to this subsection | 22 | | (a-10), without identifying the hauler; and (ii) the aggregate | 23 | | number of non-residential locations served by all licensed | 24 | | haulers in the municipality and the aggregate number of | 25 | | non-residential locations contracting with all licensed | 26 | | haulers in the municipality for the recyclable materials |
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| 1 | | collection service under Section 10 of the Solid Waste Hauling | 2 | | and Recycling Program Act. | 3 | | A municipality subject to subsection (a-5) of this Section | 4 | | may not award a franchise unless 2 consecutive 6-month reports | 5 | | determine that less than 50% of the non-residential locations | 6 | | within the municipality contract for recyclable material | 7 | | collection service pursuant to Section 10 of the Solid Waste | 8 | | Hauling and Recycling Program Act. | 9 | | (b) If a municipality with a population of less than | 10 | | 1,000,000 has never awarded a franchise to a private entity for | 11 | | the collection of waste from non-residential locations, then | 12 | | that municipality may not award such a franchise without | 13 | | issuing a request for proposal. The municipality may not issue | 14 | | a request for proposal without first: (i) holding at least one | 15 | | public hearing seeking comment on the advisability of issuing a | 16 | | request for proposal and awarding a franchise; (ii) providing | 17 | | at least 30 days' written notice of the hearing, delivered by | 18 | | first class mail to all private entities that provide | 19 | | non-residential waste collection services within the | 20 | | municipality that the municipality is able to identify through | 21 | | its records; and (iii) providing at least 30 days' public | 22 | | notice of the hearing. | 23 | | After issuing a request for proposal, the municipality may | 24 | | not award a franchise without first: (i) allowing at least 30 | 25 | | days for proposals to be submitted to the municipality; (ii) | 26 | | holding at least one public hearing after the receipt of |
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| 1 | | proposals on whether to award a franchise to a proposed | 2 | | franchisee; and (iii) providing at least 30 days' public notice | 3 | | of the hearing. At the public hearing, the municipality must | 4 | | disclose and discuss the proposed franchise fee or calculation | 5 | | formula of such franchise fee that it will receive under the | 6 | | proposed franchise. | 7 | | (b-5) If no request for proposal is issued within 120 days | 8 | | after the initial public hearing required in subsection (b), | 9 | | then the municipality must hold another hearing as outlined in | 10 | | subsection (b). | 11 | | (b-10) If a municipality has not awarded a franchise within | 12 | | 210 days after the date that a request for proposal is issued | 13 | | pursuant to subsection (b), then the municipality must adhere | 14 | | to all of the requirements set forth in subsections (b) and | 15 | | (b-5). | 16 | | (b-15) The franchise fee and any other fees, taxes, or | 17 | | charges imposed by the municipality in connection with a | 18 | | franchise for the collection of waste from non-residential | 19 | | locations must be used exclusively for costs associated with | 20 | | administering the franchise program. | 21 | | (c) If a municipality with a population of less than | 22 | | 1,000,000 has never awarded a franchise to a private entity for | 23 | | the collection of waste from non-residential locations, then a | 24 | | private entity may not begin providing waste collection | 25 | | services to non-residential locations under a franchise | 26 | | agreement with that municipality at any time before the date |
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| 1 | | that is 15 months after the date the ordinance or resolution | 2 | | approving the award of the franchise is adopted. | 3 | | (d) For purposes of this Section, "waste" means garbage, | 4 | | refuse, or ashes as defined in Section 11-19-2. | 5 | | (e) A home rule unit may not award a franchise to a private | 6 | | entity for the collection of waste in a manner contrary to the | 7 | | provisions of this Section. This Section is a limitation under | 8 | | subsection (i) of Section 6 of Article VII of the Illinois | 9 | | Constitution on the concurrent exercise by home rule units of | 10 | | powers and functions exercised by the State.
| 11 | | (f) On and after the effective date of this amendatory Act | 12 | | of the 99th General Assembly, a municipality with a population | 13 | | under 1,000,000 shall not award a franchise to, or enter into a | 14 | | contract with, a private entity that includes open top | 15 | | temporary roll-off dumpster service. This subsection shall not | 16 | | prohibit the renewal of any such franchise or contract that | 17 | | includes open top temporary roll-off dumpster service | 18 | | irrespective of whether the contract or franchise | 19 | | automatically renews, is amended or is subject to a new request | 20 | | for proposal after the effective date of this amendatory Act of | 21 | | the 99th General Assembly. | 22 | | A home rule municipality may not award a franchise to, or | 23 | | enter into a contract with, a private entity that includes open | 24 | | top temporary roll-off dumpster service in a manner | 25 | | inconsistent with this subsection. This subsection is a | 26 | | limitation under subsection (i) of Section 6 of Article VII of |
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| 1 | | the Illinois Constitution on the concurrent exercise by home | 2 | | rule units of powers and functions exercised by the State. | 3 | | (Source: P.A. 98-1079, eff. 8-26-14.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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