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| Public Act 100-0316
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| SB1807 Enrolled | LRB100 11120 AWJ 21386 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Sections 11-19-1, 11-19-2, and 11-19-5 as follows:
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(65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
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Sec. 11-19-1. Contracts.
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(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
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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 |
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payments required in regard to any contract entered into under
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
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(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 |
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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.)
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(65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
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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
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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 |
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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.
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(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
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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
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matter or things of value may be sold and the proceeds used for |
