Full Text of HB5666 98th General Assembly
HB5666ham001 98TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 3/21/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5666
| 2 | | AMENDMENT NO. ______. Amend House Bill 5666 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Solid Waste Hauling and Recycling Program Act. | 6 | | Section 5. Definitions. As used in this Act, unless the | 7 | | context clearly indicates otherwise: | 8 | | "Agency" means the Illinois Environmental Protection | 9 | | Agency.
| 10 | | "Applicant" means any Person applying for a solid waste | 11 | | hauling license under this Act.
| 12 | | "County" means a county in Illinois having a population of | 13 | | 3,000,000 or more, and any county that is contiguous to that | 14 | | county.
| 15 | | "General construction or demolition debris" has the | 16 | | meaning ascribed to that term in Section 3.160 of the |
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| 1 | | Environmental Protection Act. | 2 | | "Hauler" means any person who engages in the business of | 3 | | collecting or hauling garbage, municipal waste, recyclable | 4 | | material, landscape waste, brush, or other refuse on a | 5 | | continuous and regular basis, and makes multiple scheduled | 6 | | collections per month within a county.
| 7 | | "Landscape waste" means all accumulations of grass or | 8 | | shrubbery cuttings, leaves, tree limbs, and other materials | 9 | | accumulated as the result of the care of lawns, shrubbery, | 10 | | vines, and trees.
| 11 | | "Municipal waste" means garbage, general household | 12 | | institutional and commercial waste, industrial lunchroom or | 13 | | office waste, and landscape waste.
"Municipal waste" also | 14 | | includes "garbage", "refuse", and "ashes", as those terms are | 15 | | defined in Section 11-19-2 of the Municipal Code. | 16 | | "Municipality" means a municipality, as defined in Section | 17 | | 1 of Article VII of the Illinois Constitution, that is located | 18 | | either partially or wholly within the boundaries of a county as | 19 | | defined in this Section.
"Municipality" does not include a | 20 | | municipality with a population of 2,000,000 or more. | 21 | | "Person" means any business, public or private | 22 | | corporation, partnership, association, government agency, | 23 | | municipality, unit of local government, or other legal entity.
| 24 | | "Recycling" means a method, technique, or process designed | 25 | | to remove any contaminant from waste so as to render that waste | 26 | | reusable, or any process by which materials that would |
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| 1 | | otherwise be disposed of or discarded are collected, separated, | 2 | | or processed and returned to the economic mainstream in the | 3 | | form of raw materials or products.
| 4 | | "Recycling center" means a site or a facility that accepts | 5 | | only segregated, nonhazardous, nonspecial, homogenous, | 6 | | nonputrescible materials, such as dry paper, glass, cans or | 7 | | plastics for subsequent use in the secondary materials market.
| 8 | | "Recyclable material" means material that is separated | 9 | | from municipal waste for the purpose of recycling, including, | 10 | | but not limited to, ferrous metal cans, aluminum containers, | 11 | | glass, plastics including HDPE or PET containers and plastics | 12 | | #3 through #7, newsprint, corrugated paper, junk mail, | 13 | | magazines, office paper, and boxboard.
| 14 | | Section 10. Collection of recyclable materials. | 15 | | (a) Each hauler operating in a county or municipality shall | 16 | | offer, either as part of basic service, or alternatively as an | 17 | | additional service, the collection of recyclable materials | 18 | | from any commercial business, commercial property, or | 19 | | institutional facility within that county or municipality. | 20 | | Haulers shall provide information on how and what materials to | 21 | | recycle at least once every other year to customers with | 22 | | recycling service. Haulers shall provide a written offer to | 23 | | provide recycling services to commercial businesses, owners or | 24 | | operators of commercial property, and institutional facilities | 25 | | that are not recycling. Those offers shall be made at least |
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| 1 | | once during the term of the contract or at least once every 2 | 2 | | years, whichever is shorter. The hauler's written offer shall | 3 | | include a request that the commercial business, owner or | 4 | | operator of the commercial business, or institutional facility | 5 | | respond to the hauler's request to provide recycling services | 6 | | in writing.
| 7 | | (b) Recyclable materials collected by a hauler within a | 8 | | county or municipality shall not be deposited into a landfill | 9 | | or incinerator unless all reasonable efforts have been made by | 10 | | the hauler to sell those recyclable materials to a processor or | 11 | | end user.
| 12 | | (c) Ownership of recyclable materials set out for | 13 | | collection shall remain with the commercial business, | 14 | | commercial property owner, or institutional facility that set | 15 | | out the material for collection until the material is removed | 16 | | by the hauler.
| 17 | | Section 15. Compliance. Nothing in this Act shall exempt a | 18 | | hauler from obtaining a license or permit required by other | 19 | | applicable laws or regulations. The hauler shall at all times | 20 | | operate in compliance with all applicable laws and regulations.
| 21 | | In the event of a conflict between this Act and any other | 22 | | law, including, but not limited to, the Solid Waste Planning | 23 | | and Recycling Act, the Counties Code, and the Illinois | 24 | | Municipal Code, this Act shall control.
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| 1 | | Section 20. Recyclable materials reporting. Beginning | 2 | | January 15, 2015, and each January 15 and July 15 thereafter, a | 3 | | recycling center, a recycling center operator, or a facility | 4 | | that accepts exclusively general construction or demolition | 5 | | debris pursuant to Section 22.38 of the Act must provide a | 6 | | report to the Agency, on forms provided by the Agency, that | 7 | | includes: (i) the site name, the owner of the recycling center | 8 | | or general construction or demolition debris facility, and the | 9 | | semi-annual period for which the summary applies; and (ii) the | 10 | | total quantity of recyclable materials or general construction | 11 | | or demolition debris received during the preceding semi-annual | 12 | | period, in tons or cubic yards. | 13 | | Section 25. Applicability. Nothing in this Act shall apply | 14 | | to a contract or franchise awarded pursuant to Section 11-19-1 | 15 | | of the Municipal Code, entered into before the effective date | 16 | | of this Act.
| 17 | | Section 30. Home Rule. No home rule municipality or home | 18 | | rule county may regulate haulers in a manner less restrictive | 19 | | than the regulation of haulers by the State under this Act. | 20 | | This Act is a limitation under subsection (i) of Section 6 of | 21 | | Article VII of the Illinois Constitution on the concurrent | 22 | | exercise by home rule municipalities or home rule counties of | 23 | | powers and functions exercised by the State. |
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| 1 | | Section 90. The Illinois Municipal Code is amended by | 2 | | changing Section 11-19-1 as follows:
| 3 | | (65 ILCS 5/11-19-1) (from Ch. 24, par. 11-19-1)
| 4 | | Sec. 11-19-1. Contracts.
| 5 | | (a) Any city, village or incorporated town may make | 6 | | contracts
with any other city, village, or incorporated town or | 7 | | with any person,
corporation, or county, or any agency created | 8 | | by intergovernmental
agreement, for more than one year and not | 9 | | exceeding 30 years
relating to the collection and final | 10 | | disposition, or relating solely to
either the collection or | 11 | | final disposition of garbage, refuse and ashes.
A municipality | 12 | | may contract with private industry to operate a
designated | 13 | | facility for the disposal, treatment or recycling of solid
| 14 | | waste, and may enter into contracts with private firms or
local | 15 | | governments for the delivery of waste to such facility.
In | 16 | | regard to a contract involving a garbage, refuse, or garbage | 17 | | and refuse
incineration facility, the 30 year contract | 18 | | limitation imposed by this
Section shall be computed so that | 19 | | the 30 years shall not begin to run until
the date on which the | 20 | | facility actually begins accepting garbage or refuse.
The | 21 | | payments required in regard to any contract entered into under
| 22 | | this Division 19 shall not be regarded as indebtedness of the | 23 | | city,
village, or incorporated town, as the case may be, for | 24 | | the purpose of any
debt limitation imposed by any law. | 25 | | (a-5) If a municipality with a population of less than |
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| 1 | | 1,000,000 located in a county as defined in the Illinois Solid | 2 | | Waste and Recycling Program Act has never awarded a franchise | 3 | | to a private entity for the collection of waste for | 4 | | non-residential locations, then the municipality may not award | 5 | | a franchise unless (1) the municipality provides prior written | 6 | | notice to all haulers licensed to provide waste hauling | 7 | | services in that municipality of the municipality's intent to | 8 | | issue a request for proposal under this Section, (2) the | 9 | | municipality adopts an ordinance requiring each licensed | 10 | | hauler, for a period of no less than 36 continuous months, to | 11 | | report to the municipality the number of non-residential | 12 | | locations served by the hauler in the municipality and the | 13 | | number of non-residential locations contracting with the | 14 | | hauler for the recyclable materials collection service | 15 | | pursuant to Section 10 of the Solid Waste Hauling and Recycling | 16 | | Program Act, and (3) that upon conclusion of that 36 month | 17 | | reporting period, less than 30% of the non-residential | 18 | | locations within the municipality contract for recyclable | 19 | | material collection services pursuant to Section 10 of the | 20 | | Solid Waste Hauling and Recycling Act. | 21 | | (b) If a municipality with a population of less than | 22 | | 1,000,000 has never awarded a franchise to a private entity for | 23 | | the collection of waste from non-residential locations, then | 24 | | that municipality may not award such a franchise without | 25 | | issuing a request for proposal. The municipality may not issue | 26 | | a request for proposal without first: (i) holding at least one |
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| 1 | | public hearing seeking comment on the advisability of issuing a | 2 | | request for proposal and awarding a franchise; (ii) providing | 3 | | at least 30 days' written notice of the hearing, delivered by | 4 | | first class mail to all private entities that provide | 5 | | non-residential waste collection services within the | 6 | | municipality that the municipality is able to identify through | 7 | | its records; and (iii) providing at least 30 days' public | 8 | | notice of the hearing. | 9 | | After issuing a request for proposal, the municipality may | 10 | | not award a franchise without first: (i) allowing at least 30 | 11 | | days for proposals to be submitted to the municipality; (ii) | 12 | | holding at least one public hearing after the receipt of | 13 | | proposals on whether to award a franchise to a proposed | 14 | | franchisee; and (iii) providing at least 30 days' public notice | 15 | | of the hearing. At the public hearing, the municipality must | 16 | | disclose and discuss the proposed franchise fee or calculation | 17 | | formula of such franchise fee that it will receive under the | 18 | | proposed franchise. | 19 | | (b-5) If no request for proposal is issued within 120 days | 20 | | after the initial public hearing required in subsection (b), | 21 | | then the municipality must hold another hearing as outlined in | 22 | | subsection (b). | 23 | | (b-10) If a municipality has not awarded a franchise within | 24 | | 210 days after the date that a request for proposal is issued | 25 | | pursuant to subsection (b), then the municipality must adhere | 26 | | to all of the requirements set forth in subsections (b) and |
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| 1 | | (b-5). | 2 | | (b-15) The franchise fee and any other fees, taxes, or | 3 | | charges imposed by the municipality in connection with a | 4 | | franchise for the collection of waste from non-residential | 5 | | locations must be used exclusively for costs associated with | 6 | | administering the franchise program. | 7 | | (c) If a municipality with a population of less than | 8 | | 1,000,000 has never awarded a franchise to a private entity for | 9 | | the collection of waste from non-residential locations, then a | 10 | | private entity may not begin providing waste collection | 11 | | services to non-residential locations under a franchise | 12 | | agreement with that municipality at any time before the date | 13 | | that is 15 months after the date the ordinance or resolution | 14 | | approving the award of the franchise is adopted. | 15 | | (d) For purposes of this Section, "waste" means garbage, | 16 | | refuse, or ashes as defined in Section 11-19-2. | 17 | | (e) A home rule unit may not award a franchise to a private | 18 | | entity for the collection of waste in a manner contrary to the | 19 | | provisions of this Section. This Section is a limitation under | 20 | | subsection (i) of Section 6 of Article VII of the Illinois | 21 | | Constitution on the concurrent exercise by home rule units of | 22 | | powers and functions exercised by the State.
| 23 | | (Source: P.A. 95-856, eff. 10-1-08; 96-1215, eff. 7-22-10.)
| 24 | | Section 95. The Solid Waste Planning and Recycling Act is | 25 | | amended by adding Section 13 as follows: |
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| 1 | | (415 ILCS 15/13 new) | 2 | | Sec. 13. Illinois Solid Waste Hauling and Recycling Program | 3 | | Act. This Act is subject to the provisions of the Illinois | 4 | | Solid Waste Hauling and Recycling Program Act.
| 5 | | Section 999. Effective date. This Act takes effect upon | 6 | | becoming law.".
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