Bill Text: IL SB1807 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Municipal Code. Provides that a municipality shall not enter into any new contracts, but may extend a contract or renew a contract, with any other unit of local government, by intergovernmental agreement or otherwise, or with any business or person relating to the collecting and final disposition of general construction or demolition debris. Provides that a municipality shall not provide by ordinance for any methods that award a franchise for the collection or final disposition of general construction or demolition debris. Provides that, in municipalities with a population under 1,000,000, a franchise shall not be awarded to any private entity for the collection of general construction or demolition debris from residential or non-residential locations. Provides that a franchise entered into before the effective date of the amendatory Act may be renewed or extended irrespective of whether the franchise or contract automatically renews or is amended.

Spectrum: Slight Partisan Bill (Democrat 25-9)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB1807 Detail]

Download: Illinois-2017-SB1807-Enrolled.html



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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 5. The Illinois Municipal Code is amended by
5changing Sections 11-19-1, 11-19-2, and 11-19-5 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
9contracts with any other city, village, or incorporated town or
10with any person, corporation, or county, or any agency created
11by intergovernmental agreement, for more than one year and not
12exceeding 30 years relating to the collection and final
13disposition, or relating solely to either the collection or
14final disposition of garbage, refuse and ashes. A municipality
15may contract with private industry to operate a designated
16facility for the disposal, treatment or recycling of solid
17waste, and may enter into contracts with private firms or local
18governments for the delivery of waste to such facility. In
19regard to a contract involving a garbage, refuse, or garbage
20and refuse incineration facility, the 30 year contract
21limitation imposed by this Section shall be computed so that
22the 30 years shall not begin to run until the date on which the
23facility actually begins accepting garbage or refuse. The

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1payments required in regard to any contract entered into under
2this Division 19 shall not be regarded as indebtedness of the
3city, village, or incorporated town, as the case may be, for
4the purpose of any debt limitation imposed by any law. On and
5after the effective date of this amendatory Act of the 100th
6General Assembly, a municipality with a population of less than
71,000,000 shall not enter into any new contracts with any other
8unit of local government, by intergovernmental agreement or
9otherwise, or with any corporation or person relating to the
10collecting and final disposition of general construction or
11demolition debris; except that this sentence does not apply to
12a municipality with a population of less than 1,000,000 that is
13a party to: (1) a contract relating to the collecting and final
14disposition of general construction or demolition debris on the
15effective date of this amendatory Act of the 100th General
16Assembly; or (2) the renewal or extension of a contract
17relating to the collecting and final disposition of general
18construction or demolition debris irrespective of whether the
19contract automatically renews, is amended, or is subject to a
20new request for proposal after the effective date of this
21amendatory Act of the 100th General Assembly.
22 (a-5) If a municipality with a population of less than
231,000,000 located in a county as defined in the Solid Waste and
24Recycling Program Act has never awarded a franchise to a
25private entity for the collection of waste from non-residential
26locations, then the municipality may not award a franchise

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1unless:
2 (1) the municipality provides prior written notice to
3 all haulers licensed to provide waste hauling service in
4 that municipality of the municipality's intent to issue a
5 request for proposal under this Section;
6 (2) the municipality adopts an ordinance requiring
7 each licensed hauler, for a period of no less than 36
8 continuous months commencing on the first day of the month
9 following the effective date of such ordinance, to report
10 every 6 months to the municipality the number of
11 non-residential locations served by the hauler in the
12 municipality and the number of non-residential locations
13 contracting with the hauler for the recyclable materials
14 collection service pursuant to Section 10 of the Solid
15 Waste Hauling and Recycling Program Act; and
16 (3) the report to the municipality required under
17 paragraph (2) of this subsection (a-5) for the final 6
18 months of that 36-month period establishes that less than
19 50% of the non-residential locations in the municipality
20 contract for recyclable material collection services
21 pursuant to Section 10 of the Solid Waste Hauling and
22 Recycling Program Act.
23 All such reports shall be filed with the municipality by
24the hauler on or before the last day of the month following the
25end of the 6-month reporting period. Within 15 days after the
26last day for licensed haulers to file such reports, the

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

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1municipality by the hauler on or before the last day of the
2month following the end of the 6-month reporting period. Within
315 days after the last day for licensed haulers to file such
4reports, the municipality shall post on its website: (i) the
5information provided by each hauler pursuant to this subsection
6(a-10), without identifying the hauler; and (ii) the aggregate
7number of non-residential locations served by all licensed
8haulers in the municipality and the aggregate number of
9non-residential locations contracting with all licensed
10haulers in the municipality for the recyclable materials
11collection service under Section 10 of the Solid Waste Hauling
12and Recycling Program Act.
13 A municipality subject to subsection (a-5) of this Section
14may not award a franchise unless 2 consecutive 6-month reports
15determine that less than 50% of the non-residential locations
16within the municipality contract for recyclable material
17collection service pursuant to Section 10 of the Solid Waste
18Hauling and Recycling Program Act.
19 (b) If a municipality with a population of less than
201,000,000 has never awarded a franchise to a private entity for
21the collection of waste from non-residential locations, then
22that municipality may not award such a franchise without
23issuing a request for proposal. The municipality may not issue
24a request for proposal without first: (i) holding at least one
25public hearing seeking comment on the advisability of issuing a
26request for proposal and awarding a franchise; (ii) providing

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1at least 30 days' written notice of the hearing, delivered by
2first class mail to all private entities that provide
3non-residential waste collection services within the
4municipality that the municipality is able to identify through
5its records; and (iii) providing at least 30 days' public
6notice of the hearing.
7 After issuing a request for proposal, the municipality may
8not award a franchise without first: (i) allowing at least 30
9days for proposals to be submitted to the municipality; (ii)
10holding at least one public hearing after the receipt of
11proposals on whether to award a franchise to a proposed
12franchisee; and (iii) providing at least 30 days' public notice
13of the hearing. At the public hearing, the municipality must
14disclose and discuss the proposed franchise fee or calculation
15formula of such franchise fee that it will receive under the
16proposed franchise.
17 (b-5) If no request for proposal is issued within 120 days
18after the initial public hearing required in subsection (b),
19then the municipality must hold another hearing as outlined in
20subsection (b).
21 (b-10) If a municipality has not awarded a franchise within
22210 days after the date that a request for proposal is issued
23pursuant to subsection (b), then the municipality must adhere
24to all of the requirements set forth in subsections (b) and
25(b-5).
26 (b-15) The franchise fee and any other fees, taxes, or

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1charges imposed by the municipality in connection with a
2franchise for the collection of waste from non-residential
3locations must be used exclusively for costs associated with
4administering the franchise program.
5 (c) If a municipality with a population of less than
61,000,000 has never awarded a franchise to a private entity for
7the collection of waste from non-residential locations, then a
8private entity may not begin providing waste collection
9services to non-residential locations under a franchise
10agreement with that municipality at any time before the date
11that is 15 months after the date the ordinance or resolution
12approving the award of the franchise is adopted.
13 (d) For purposes of this Section, "waste" means garbage,
14refuse, or ashes as defined in Section 11-19-2.
15 (e) A home rule unit may not award a franchise to a private
16entity for the collection of waste in a manner contrary to the
17provisions of this Section. This Section is a limitation under
18subsection (i) of Section 6 of Article VII of the Illinois
19Constitution on the concurrent exercise by home rule units of
20powers and functions exercised by the State.
21 (f) A municipality with a population of less than 1,000,000
22shall not award a franchise or contract to any private entity
23for the collection of general construction or demolition debris
24from residential or non-residential locations. This subsection
25does not apply to a municipality with a population of less than
261,000,000 that is a party to: (1) a franchise or contract with

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1a private entity for the collection of general construction or
2demolition debris from residential or non-residential
3locations on the effective date of this amendatory Act of the
4100th General Assembly; or (2) the renewal or extension of a
5franchise or contract with a private entity for the collection
6of general construction or demolition debris from residential
7or non-residential locations irrespective of whether the
8franchise or contract automatically renews, is amended, or is
9subject to a new request for proposal after the effective date
10of this amendatory Act of the 100th General Assembly.
11(Source: P.A. 98-1079, eff. 8-26-14.)
12 (65 ILCS 5/11-19-2) (from Ch. 24, par. 11-19-2)
13 Sec. 11-19-2. As used in this Division 19, the words
14"garbage", "refuse", and "ashes" have the following meanings:
15 (1) "Garbage" means wastes . Wastes resulting from the
16handling, preparation, cooking and consumption of food; wastes
17from the handling, storage and sale of produce.
18 (2) "Refuse" means combustible . Combustible trash,
19including, but not limited to, paper, cartons, boxes, barrels,
20wood, excelsior, tree branches, yard trimmings, wood
21furniture, bedding; noncombustible trash, including, but not
22limited to, metals, tin cans, metal furniture, dirt, small
23quantities of rock and pieces of concrete, glass, crockery,
24other mineral waste; street rubbish, including, but not limited
25to, street sweepings, dirt, leaves, catch-basin dirt, contents

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1of litter receptacles, but refuse does not mean earth and
2wastes from building operations, nor shall it include solid
3wastes resulting from industrial processes and manufacturing
4operations such as food processing wastes, boiler-house
5cinders, lumber, scraps and shavings.
6 (3) "Ashes" means residue . Residue from fires used for
7cooking and for heating buildings.
8 (4) "General construction or demolition debris" has the
9meaning given to that term in Section 3.160 of the
10Environmental Protection Act.
11(Source: Laws 1961, p. 576.)
12 (65 ILCS 5/11-19-5) (from Ch. 24, par. 11-19-5)
13 Sec. 11-19-5. Every city, village or incorporated town may
14provide such method or methods as shall be approved by the
15corporate authorities for the disposition of garbage, refuse
16and ashes. Any municipality may provide by ordinance that such
17method or methods shall be the exclusive method or methods for
18the disposition of garbage, refuse and ashes to be allowed
19within that municipality. Such ordinance may be enacted
20notwithstanding the fact that competition may be displaced or
21that such ordinance may have an anti-competitive effect. Such
22methods may include, but need not be limited to land fill,
23feeding of garbage to hogs, incineration, reduction to
24fertilizer, or otherwise. Salvage and fertilizer or other
25matter or things of value may be sold and the proceeds used for

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1the operation of the system. Material that is intended or
2collected to be recycled is not garbage, refuse or ashes. A
3municipality with a population of less than 1,000,000 shall not
4provide by ordinance for any methods that award a franchise for
5the collection or final disposition of general construction or
6demolition debris, except as allowed under Section 11-19-1.
7(Source: P.A. 84-794.)
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