Rep. Anthony DeLuca
Filed: 4/8/2014
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1 | AMENDMENT TO HOUSE BILL 5666
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2 | AMENDMENT NO. ______. Amend House Bill 5666, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 1. Short title. This Act may be cited as the | ||||||
6 | Illinois Solid Waste Hauling and Recycling Program Act. | ||||||
7 | Section 5. Definitions. As used in this Act, unless the | ||||||
8 | context clearly indicates otherwise: | ||||||
9 | "County" means a county in Illinois having a population of | ||||||
10 | 3,000,000 or more, and any county that is contiguous to that | ||||||
11 | county.
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12 | "Hauler" means any person who engages in the business of | ||||||
13 | collecting or hauling garbage, municipal waste, recyclable | ||||||
14 | material, landscape waste, brush, or other refuse on a | ||||||
15 | continuous and regular basis, and makes multiple scheduled | ||||||
16 | collections per month within a county.
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1 | "Landscape waste" means all accumulations of grass or | ||||||
2 | shrubbery cuttings, leaves, tree limbs, and other materials | ||||||
3 | accumulated as the result of the care of lawns, shrubbery, | ||||||
4 | vines, and trees.
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5 | "Municipal waste" means garbage, general household | ||||||
6 | institutional and commercial waste, industrial lunchroom or | ||||||
7 | office waste, and landscape waste.
"Municipal waste" also | ||||||
8 | includes "garbage", "refuse", and "ashes", as those terms are | ||||||
9 | defined in Section 11-19-2 of the Municipal Code. | ||||||
10 | "Municipality" means a municipality, as defined in Section | ||||||
11 | 1 of Article VII of the Illinois Constitution, that is located | ||||||
12 | either partially or wholly within the boundaries of a county as | ||||||
13 | defined in this Section.
"Municipality" does not include a | ||||||
14 | municipality with a population of 2,000,000 or more. | ||||||
15 | "Person" means any business, public or private | ||||||
16 | corporation, partnership, association, government agency, | ||||||
17 | municipality, unit of local government, or other legal entity.
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18 | "Recycling" means a method, technique, or process designed | ||||||
19 | to remove any contaminant from waste so as to render that waste | ||||||
20 | reusable, or any process by which materials that would | ||||||
21 | otherwise be disposed of or discarded are collected, separated, | ||||||
22 | or processed and returned to the economic mainstream in the | ||||||
23 | form of raw materials or products.
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24 | "Recyclable material" means material that is separated | ||||||
25 | from municipal waste for the purpose of recycling, including, | ||||||
26 | but not limited to, ferrous metal cans, aluminum containers, |
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1 | glass, plastics including HDPE or PET containers and plastics | ||||||
2 | #3 through #7, newsprint, corrugated paper, junk mail, | ||||||
3 | magazines, office paper, and boxboard.
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4 | Section 10. Collection of recyclable materials. | ||||||
5 | (a) Each hauler operating in a county or municipality shall | ||||||
6 | offer, either as part of basic service, or alternatively as an | ||||||
7 | additional service, the collection of recyclable materials | ||||||
8 | from any commercial business, commercial property, or | ||||||
9 | institutional facility within that county or municipality. | ||||||
10 | Haulers shall provide information on how and what materials to | ||||||
11 | recycle at least once every other year to customers with | ||||||
12 | recycling service. Haulers shall provide a written offer to | ||||||
13 | provide recycling services to commercial businesses, owners or | ||||||
14 | operators of commercial property, and institutional facilities | ||||||
15 | that are not recycling. Those offers shall be made at least | ||||||
16 | once during the term of the contract or at least once every 2 | ||||||
17 | years, whichever is shorter. The hauler's written offer shall | ||||||
18 | include a request that the commercial business, owner or | ||||||
19 | operator of the commercial business, or institutional facility | ||||||
20 | respond to the hauler's request to provide recycling services | ||||||
21 | in writing.
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22 | (b) Recyclable materials collected by a hauler within a | ||||||
23 | county or municipality shall not be deposited into a landfill | ||||||
24 | or incinerator unless all reasonable efforts have been made by | ||||||
25 | the hauler to sell those recyclable materials to a processor or |
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1 | end user.
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2 | (c) Ownership of recyclable materials set out for | ||||||
3 | collection shall remain with the commercial business, | ||||||
4 | commercial property owner, or institutional facility that set | ||||||
5 | out the material for collection until the material is removed | ||||||
6 | by the hauler.
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7 | Section 15. Compliance. Nothing in this Act shall exempt a | ||||||
8 | hauler from obtaining a license or permit required by other | ||||||
9 | applicable laws or regulations. The hauler shall at all times | ||||||
10 | operate in compliance with all applicable laws and regulations.
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11 | In the event of a conflict between this Act and any other | ||||||
12 | law, including, but not limited to, the Solid Waste Planning | ||||||
13 | and Recycling Act, the Counties Code, and the Illinois | ||||||
14 | Municipal Code, this Act shall control.
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15 | Section 20. Applicability. Nothing in this Act shall apply | ||||||
16 | to a contract or franchise awarded pursuant to Section 11-19-1 | ||||||
17 | of the Municipal Code, entered into before the effective date | ||||||
18 | of this Act.
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19 | Section 25. Home Rule. No home rule municipality or home | ||||||
20 | rule county may provide for the collection of recyclable | ||||||
21 | materials in a manner less restrictive than the provisions of | ||||||
22 | this Act. This Act is a limitation under subsection (i) of | ||||||
23 | Section 6 of Article VII of the Illinois Constitution on the |
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1 | concurrent exercise by home rule municipalities or home rule | ||||||
2 | counties of powers and functions exercised by the State. | ||||||
3 | Section 90. The Illinois Municipal Code is amended by | ||||||
4 | changing Section 11-19-1 as follows:
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5 | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
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6 | Sec. 11-19-1. Contracts.
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7 | (a) Any city, village or incorporated town may make | ||||||
8 | contracts
with any other city, village, or incorporated town or | ||||||
9 | with any person,
corporation, or county, or any agency created | ||||||
10 | by intergovernmental
agreement, for more than one year and not | ||||||
11 | exceeding 30 years
relating to the collection and final | ||||||
12 | disposition, or relating solely to
either the collection or | ||||||
13 | final disposition of garbage, refuse and ashes.
A municipality | ||||||
14 | may contract with private industry to operate a
designated | ||||||
15 | facility for the disposal, treatment or recycling of solid
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16 | waste, and may enter into contracts with private firms or
local | ||||||
17 | governments for the delivery of waste to such facility.
In | ||||||
18 | regard to a contract involving a garbage, refuse, or garbage | ||||||
19 | and refuse
incineration facility, the 30 year contract | ||||||
20 | limitation imposed by this
Section shall be computed so that | ||||||
21 | the 30 years shall not begin to run until
the date on which the | ||||||
22 | facility actually begins accepting garbage or refuse.
The | ||||||
23 | payments required in regard to any contract entered into under
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24 | this Division 19 shall not be regarded as indebtedness of the |
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1 | city,
village, or incorporated town, as the case may be, for | ||||||
2 | the purpose of any
debt limitation imposed by any law. | ||||||
3 | (a-5) If a municipality with a population of less than | ||||||
4 | 1,000,000 located in a county as defined in the Illinois Solid | ||||||
5 | Waste and Recycling Program Act has never awarded a franchise | ||||||
6 | to a private entity for the collection of waste from | ||||||
7 | non-residential locations, then the municipality may not award | ||||||
8 | a 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 | ||||||
5 | the hauler on or before the last day of the month following the | ||||||
6 | end of the 6-month reporting period. Within 15 days after the | ||||||
7 | last day for licensed haulers to file such reports, the | ||||||
8 | municipality shall post on its website: (i) the information | ||||||
9 | provided by each hauler pursuant to paragraph (2) of this | ||||||
10 | subsection (a-5), without identifying the hauler; and (ii) the | ||||||
11 | aggregate number of non-residential locations served by all | ||||||
12 | licensed haulers in the municipality and the aggregate number | ||||||
13 | of non-residential locations contracting with all licensed | ||||||
14 | haulers in the municipality for the recyclable materials | ||||||
15 | collection service under Section 10 of the Solid Waste Hauling | ||||||
16 | and Recycling Program Act. | ||||||
17 | (a-10) Beginning at the conclusion of the 36-month | ||||||
18 | reporting period and thereafter, and upon written request of | ||||||
19 | the municipality, each licensed hauler shall, for every 6-month | ||||||
20 | period, report to the municipality the number of | ||||||
21 | non-residential locations served by the hauler in the | ||||||
22 | municipality and the number of non-residential locations | ||||||
23 | contracting with the hauler for the recyclable materials | ||||||
24 | collection service pursuant to Section 10 of the Solid Waste | ||||||
25 | Hauling and Recycling Program Act. All reports for that 6-month | ||||||
26 | period shall be filed with the municipality by the hauler on or |
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1 | before the last day of the month following the end of the | ||||||
2 | 6-month reporting period. Within 15 days after the last day for | ||||||
3 | licensed haulers to file such reports, the municipality shall | ||||||
4 | post on its website: (i) the information provided by each | ||||||
5 | hauler pursuant this subsection (a-10), without identifying | ||||||
6 | the hauler; and (ii) the aggregate number of non-residential | ||||||
7 | locations served by all licensed haulers in the municipality | ||||||
8 | and the aggregate number of non-residential locations | ||||||
9 | contracting with all licensed haulers in the municipality for | ||||||
10 | the recyclable materials collection service under Section 10 of | ||||||
11 | the Solid Waste Hauling and Recycling Program Act. | ||||||
12 | A municipality subject to subsection (a-5) of this Section | ||||||
13 | may not award a franchise unless 3 consecutive 6-month reports | ||||||
14 | determine that less than 50% of the non-residential locations | ||||||
15 | within the municipality contract for recyclable material | ||||||
16 | collection service pursuant to Section 10 of the Solid Waste | ||||||
17 | Hauling and Recycling Program Act. | ||||||
18 | (b) If a municipality with a population of less than | ||||||
19 | 1,000,000 has never awarded a franchise to a private entity for | ||||||
20 | the collection of waste from non-residential locations, then | ||||||
21 | that municipality may not award such a franchise without | ||||||
22 | issuing a request for proposal. The municipality may not issue | ||||||
23 | a request for proposal without first: (i) holding at least one | ||||||
24 | public hearing seeking comment on the advisability of issuing a | ||||||
25 | request for proposal and awarding a franchise; (ii) providing | ||||||
26 | at least 30 days' written notice of the hearing, delivered by |
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1 | first class mail to all private entities that provide | ||||||
2 | non-residential waste collection services within the | ||||||
3 | municipality that the municipality is able to identify through | ||||||
4 | its records; and (iii) providing at least 30 days' public | ||||||
5 | notice of the hearing. | ||||||
6 | After issuing a request for proposal, the municipality may | ||||||
7 | not award a franchise without first: (i) allowing at least 30 | ||||||
8 | days for proposals to be submitted to the municipality; (ii) | ||||||
9 | holding at least one public hearing after the receipt of | ||||||
10 | proposals on whether to award a franchise to a proposed | ||||||
11 | franchisee; and (iii) providing at least 30 days' public notice | ||||||
12 | of the hearing. At the public hearing, the municipality must | ||||||
13 | disclose and discuss the proposed franchise fee or calculation | ||||||
14 | formula of such franchise fee that it will receive under the | ||||||
15 | proposed franchise. | ||||||
16 | (b-5) If no request for proposal is issued within 120 days | ||||||
17 | after the initial public hearing required in subsection (b), | ||||||
18 | then the municipality must hold another hearing as outlined in | ||||||
19 | subsection (b). | ||||||
20 | (b-10) If a municipality has not awarded a franchise within | ||||||
21 | 210 days after the date that a request for proposal is issued | ||||||
22 | pursuant to subsection (b), then the municipality must adhere | ||||||
23 | to all of the requirements set forth in subsections (b) and | ||||||
24 | (b-5). | ||||||
25 | (b-15) The franchise fee and any other fees, taxes, or | ||||||
26 | charges imposed by the municipality in connection with a |
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1 | franchise for the collection of waste from non-residential | ||||||
2 | locations must be used exclusively for costs associated with | ||||||
3 | administering the franchise program. | ||||||
4 | (c) If a municipality with a population of less than | ||||||
5 | 1,000,000 has never awarded a franchise to a private entity for | ||||||
6 | the collection of waste from non-residential locations, then a | ||||||
7 | private entity may not begin providing waste collection | ||||||
8 | services to non-residential locations under a franchise | ||||||
9 | agreement with that municipality at any time before the date | ||||||
10 | that is 15 months after the date the ordinance or resolution | ||||||
11 | approving the award of the franchise is adopted. | ||||||
12 | (d) For purposes of this Section, "waste" means garbage, | ||||||
13 | refuse, or ashes as defined in Section 11-19-2. | ||||||
14 | (e) A home rule unit may not award a franchise to a private | ||||||
15 | entity for the collection of waste in a manner contrary to the | ||||||
16 | provisions of this Section. This Section is a limitation under | ||||||
17 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
18 | Constitution on the concurrent exercise by home rule units of | ||||||
19 | powers and functions exercised by the State.
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20 | (Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
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21 | Section 95. The Solid Waste Planning and Recycling Act is | ||||||
22 | amended 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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1 | Act. This Act is subject to the provisions of the Illinois | ||||||
2 | Solid Waste Hauling and Recycling Program Act.
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3 | Section 999. Effective date. This Act takes effect upon | ||||||
4 | becoming law.".
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