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Full Text of SB2202  99th General Assembly

SB2202eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2202 EngrossedLRB099 15568 AWJ 39859 b

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 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
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.
5    (a-5) If a municipality with a population of less than
61,000,000 located in a county as defined in the Solid Waste and
7Recycling Program Act has never awarded a franchise to a
8private entity for the collection of waste from non-residential
9locations, then the municipality may not award a franchise
10unless:
11        (1) the municipality provides prior written notice to
12    all haulers licensed to provide waste hauling service in
13    that municipality of the municipality's intent to issue a
14    request for proposal under this Section;
15        (2) the municipality adopts an ordinance requiring
16    each licensed hauler, for a period of no less than 36
17    continuous months commencing on the first day of the month
18    following the effective date of such ordinance, to report
19    every 6 months to the municipality the number of
20    non-residential locations served by the hauler in the
21    municipality and the number of non-residential locations
22    contracting with the hauler for the recyclable materials
23    collection service pursuant to Section 10 of the Solid
24    Waste Hauling and Recycling Program Act; and
25        (3) the report to the municipality required under
26    paragraph (2) of this subsection (a-5) for the final 6

 

 

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1    months of that 36-month period establishes that less than
2    50% of the non-residential locations in the municipality
3    contract for recyclable material collection services
4    pursuant to Section 10 of the Solid Waste Hauling and
5    Recycling Program Act.
6    All such reports shall be filed with the municipality by
7the hauler on or before the last day of the month following the
8end of the 6-month reporting period. Within 15 days after the
9last day for licensed haulers to file such reports, the
10municipality shall post on its website: (i) the information
11provided by each hauler pursuant to paragraph (2) of this
12subsection (a-5), without identifying the hauler; and (ii) the
13aggregate number of non-residential locations served by all
14licensed haulers in the municipality and the aggregate number
15of non-residential locations contracting with all licensed
16haulers in the municipality for the recyclable materials
17collection service under Section 10 of the Solid Waste Hauling
18and Recycling Program Act.
19    (a-10) Beginning at the conclusion of the 36-month
20reporting period and thereafter, and upon written request of
21the municipality, each licensed hauler shall, for every 6-month
22period, report to the municipality (i) the number of
23non-residential locations served by the hauler in the
24municipality and the number of non-residential locations
25contracting with the hauler for the recyclable materials
26collection service pursuant to Section 10 of the Solid Waste

 

 

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1Hauling and Recycling Program Act, (ii) an estimate of the
2quantity of recyclable materials, in tons, collected by the
3hauler in the municipality from non-residential locations
4contracting with the hauler for recyclable materials
5collection service pursuant to Section 10 of the Solid Waste
6Hauling and Recycling Program Act, and (iii) an estimate of the
7quantity of municipal waste, in tons, collected by the hauler
8in the municipality from those non-residential locations. All
9reports for that 6-month period shall be filed with the
10municipality by the hauler on or before the last day of the
11month following the end of the 6-month reporting period. Within
1215 days after the last day for licensed haulers to file such
13reports, the municipality shall post on its website: (i) the
14information provided by each hauler pursuant to this subsection
15(a-10), without identifying the hauler; and (ii) the aggregate
16number of non-residential locations served by all licensed
17haulers in the municipality and the aggregate number of
18non-residential locations contracting with all licensed
19haulers in the municipality for the recyclable materials
20collection service under Section 10 of the Solid Waste Hauling
21and Recycling Program Act.
22    A municipality subject to subsection (a-5) of this Section
23may not award a franchise unless 2 consecutive 6-month reports
24determine that less than 50% of the non-residential locations
25within the municipality contract for recyclable material
26collection service pursuant to Section 10 of the Solid Waste

 

 

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1Hauling and Recycling Program Act.
2    (b) If a municipality with a population of less than
31,000,000 has never awarded a franchise to a private entity for
4the collection of waste from non-residential locations, then
5that municipality may not award such a franchise without
6issuing a request for proposal. The municipality may not issue
7a request for proposal without first: (i) holding at least one
8public hearing seeking comment on the advisability of issuing a
9request for proposal and awarding a franchise; (ii) providing
10at least 30 days' written notice of the hearing, delivered by
11first class mail to all private entities that provide
12non-residential waste collection services within the
13municipality that the municipality is able to identify through
14its records; and (iii) providing at least 30 days' public
15notice of the hearing.
16    After issuing a request for proposal, the municipality may
17not award a franchise without first: (i) allowing at least 30
18days for proposals to be submitted to the municipality; (ii)
19holding at least one public hearing after the receipt of
20proposals on whether to award a franchise to a proposed
21franchisee; and (iii) providing at least 30 days' public notice
22of the hearing. At the public hearing, the municipality must
23disclose and discuss the proposed franchise fee or calculation
24formula of such franchise fee that it will receive under the
25proposed franchise.
26    (b-5) If no request for proposal is issued within 120 days

 

 

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1after the initial public hearing required in subsection (b),
2then the municipality must hold another hearing as outlined in
3subsection (b).
4    (b-10) If a municipality has not awarded a franchise within
5210 days after the date that a request for proposal is issued
6pursuant to subsection (b), then the municipality must adhere
7to all of the requirements set forth in subsections (b) and
8(b-5).
9    (b-15) The franchise fee and any other fees, taxes, or
10charges imposed by the municipality in connection with a
11franchise for the collection of waste from non-residential
12locations must be used exclusively for costs associated with
13administering the franchise program.
14    (c) If a municipality with a population of less than
151,000,000 has never awarded a franchise to a private entity for
16the collection of waste from non-residential locations, then a
17private entity may not begin providing waste collection
18services to non-residential locations under a franchise
19agreement with that municipality at any time before the date
20that is 15 months after the date the ordinance or resolution
21approving the award of the franchise is adopted.
22    (d) For purposes of this Section, "waste" means garbage,
23refuse, or ashes as defined in Section 11-19-2.
24    (e) A home rule unit may not award a franchise to a private
25entity for the collection of waste in a manner contrary to the
26provisions of this Section. This Section is a limitation under

 

 

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1subsection (i) of Section 6 of Article VII of the Illinois
2Constitution on the concurrent exercise by home rule units of
3powers and functions exercised by the State.
4    (f) On and after the effective date of this amendatory Act
5of the 99th General Assembly, a municipality with a population
6under 1,000,000 shall not award a franchise to, or enter into a
7contract with, a private entity that includes open top
8temporary roll-off dumpster service. This subsection shall not
9prohibit the renewal of any such franchise or contract that
10includes open top temporary roll-off dumpster service
11irrespective of whether the contract or franchise
12automatically renews, is amended or is subject to a new request
13for proposal after the effective date of this amendatory Act of
14the 99th General Assembly.
15    A home rule municipality may not award a franchise to, or
16enter into a contract with, a private entity that includes open
17top temporary roll-off dumpster service in a manner
18inconsistent with this subsection. This subsection is a
19limitation under subsection (i) of Section 6 of Article VII of
20the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22(Source: P.A. 98-1079, eff. 8-26-14.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.