Public Act 098-1079
 
HB5666 EnrolledLRB098 20243 MGM 55609 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Solid
Waste Hauling and Recycling Program Act.
 
    Section 5. Definitions. As used in this Act, unless the
context clearly indicates otherwise:
    "County" means a county in Illinois having a population of
3,000,000 or more, and any county that is contiguous to that
county.
    "Hauler" means any person who engages in the business of
collecting or hauling garbage, municipal waste, recyclable
material, landscape waste, brush, or other refuse on a
continuous and regular basis, and makes multiple scheduled
collections per month within a county.
    "Landscape waste" means all accumulations of grass or
shrubbery cuttings, leaves, tree limbs, and other materials
accumulated as the result of the care of lawns, shrubbery,
vines, and trees.
    "Municipal waste" means garbage, general household
institutional and commercial waste, industrial lunchroom or
office waste, and landscape waste. "Municipal waste" also
includes "garbage", "refuse", and "ashes", as those terms are
defined in Section 11-19-2 of the Municipal Code.
    "Municipality" means a municipality, as defined in Section
1 of Article VII of the Illinois Constitution, that is located
either partially or wholly within the boundaries of a county as
defined in this Section. "Municipality" does not include a
municipality with a population of 2,000,000 or more.
    "Person" means any business, public or private
corporation, partnership, association, government agency,
municipality, unit of local government, or other legal entity.
    "Recycling" means a method, technique, or process designed
to remove any contaminant from waste so as to render that waste
reusable, or any process by which materials that would
otherwise be disposed of or discarded are collected, separated,
or processed and returned to the economic mainstream in the
form of raw materials or products.
    "Recyclable material" means material that is separated
from municipal waste for the purpose of recycling, including,
but not limited to, ferrous metal cans, aluminum containers,
glass, plastics including HDPE or PET containers and plastics
#3 through #7, newsprint, corrugated paper, junk mail,
magazines, office paper, and boxboard.
 
    Section 10. Collection of recyclable materials.
    (a) Each hauler operating in a county or municipality shall
offer, either as part of basic service, or alternatively as an
additional service, the collection of recyclable materials
from any commercial business, commercial property, or
institutional facility within that county or municipality.
Haulers shall provide information on how and what materials to
recycle at least once every other year to customers with
recycling service. Haulers shall provide a written offer to
provide recycling services to commercial businesses, owners or
operators of commercial property, and institutional facilities
that are not recycling. Those offers shall be made at least
once during the term of the contract or at least once every 2
years, whichever is shorter. The hauler's written offer shall
include a request that the commercial business, owner or
operator of the commercial business, or institutional facility
respond to the hauler's request to provide recycling services
in writing.
    (b) Recyclable materials collected by a hauler within a
county or municipality shall not be deposited into a landfill
or incinerator unless all reasonable efforts have been made by
the hauler to sell those recyclable materials to a processor or
end user.
    (c) Ownership of recyclable materials set out for
collection shall remain with the commercial business,
commercial property owner, or institutional facility that set
out the material for collection until the material is removed
by the hauler.
 
    Section 15. Compliance. Nothing in this Act shall exempt a
hauler from obtaining a license or permit required by other
applicable laws or regulations. The hauler shall at all times
operate in compliance with all applicable laws and regulations.
    In the event of a conflict between this Act and any other
law, including, but not limited to, the Solid Waste Planning
and Recycling Act, the Counties Code, and the Illinois
Municipal Code, this Act shall control.
 
    Section 20. Applicability. Nothing in this Act shall apply
to a contract or franchise awarded pursuant to Section 11-19-1
of the Municipal Code, entered into before the effective date
of this Act. Nothing in this Act shall apply to a municipality
with a population of 2,000,000 or more.
 
    Section 25. Home Rule. No home rule municipality with a
population of less than 2,000,000 or home rule county may
provide for the collection of recyclable materials in a manner
less restrictive than the provisions of this Act. This Act is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule municipalities or home rule counties of powers and
functions exercised by the State.
 
    Section 90. The Illinois Municipal Code is amended by
changing Section 11-19-1 as follows:
 
    (65 ILCS 5/11-19-1)  (from Ch. 24, par. 11-19-1)
    Sec. 11-19-1. Contracts.
    (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
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
payments required in regard to any contract entered into under
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.
    (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
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
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
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
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
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.
(Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
 
    Section 95. The Solid Waste Planning and Recycling Act is
amended by adding Section 13 as follows:
 
    (415 ILCS 15/13 new)
    Sec. 13. Solid Waste Hauling and Recycling Program Act.
This Act is subject to the provisions of the Solid Waste
Hauling and Recycling Program Act.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2014