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.