HB1487 EngrossedLRB097 06685 RLJ 46771 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 1. Short title. This Act may be cited as the
5Renewable Energy Production District Act.
 
6    Section 5. Definition. "Renewable energy facility" means a
7generator attached to a building or parcel of land that is
8powered by solar electric energy or wind, dedicated crops grown
9for electricity generation, anaerobic digestion of livestock
10or food processing waste, fuel cells or microturbines powered
11by renewable fuels, or hydroelectric energy.
 
12    Section 10. Renewable energy production district. Any area
13within the boundaries of a single county may be incorporated as
14a renewable energy production district.
15    Fifty or more of the legal voters resident within the
16limits of the proposed district or a majority if there are
17fewer than 100 legal voters, may petition the circuit court for
18the county in which the proposed district is located to cause
19the question to be submitted to the legal voters of the
20proposed district whether the proposed territory shall be
21organized as a renewable energy production district under this
22Act. The petition shall be addressed to the court and shall

 

 

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1contain a definite description of the boundaries of the
2territory to be embraced in the proposed district and the name
3of the proposed district. The territory incorporated in a
4district formed under this Act shall be contiguous and may
5contain any territory not previously included in any renewable
6energy production district.
7    Upon filing a petition, in the office of the circuit clerk
8of the county in which the petition is made, the court shall
9consider the boundaries of the renewable energy production
10district whether the same shall be those stated in the petition
11or otherwise.
12    Notice shall be given by the court of the time and place of
13a hearing upon the subject of the petition. The notice shall be
14published in one or more newspapers of general circulation
15within the proposed renewable energy production district or, if
16there is no newspaper of general circulation within the
17proposed renewable energy production district, then by posting
18at least 10 copies in the proposed district at least 20 days
19before the meeting in conspicuous places as far separated from
20each other as consistently possible.
21    At the hearing, all persons in the proposed renewable
22energy production district shall have an opportunity to be
23heard concerning the location and boundary of the proposed
24district and make suggestions regarding the same, and the
25court, after hearing statements, evidence, and suggestions,
26shall fix and determine the limits and boundaries of the

 

 

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1proposed district, and for that purpose and to that extent, may
2alter and amend the petition. After the determination by the
3court the limits and boundaries shall be incorporated in an
4order, and the order shall be filed in the records of the
5court. Upon the entering of the order, the court shall certify
6the order and the proposition to the proper election officials,
7who shall submit the proposition to the voters at an election
8in accordance with the general election law. In addition to the
9requirements of the general election law, notice of the
10referendum shall include a description of the proposed district
11and the name of the proposed district.
12    The proposition shall be in substantially the following
13form:
14        Shall a renewable energy production district be
15    incorporated?
16    Votes shall be recorded as "YES" or "NO".
17    The court shall cause a statement of the results of the
18election to be filed in the records of the court. If a majority
19of the votes cast upon the question are in favor of the
20incorporation of the proposed renewable energy production
21district, then the district shall thereafter be an organized
22renewable energy production district under this Act, and the
23court shall enter an order accordingly and cause the same to be
24filed in the records of the court and shall also send to the
25county clerk a certified copy of the order organizing the
26district.
 

 

 

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1    Section 15. Board of trustees. A renewable energy
2production district shall be governed by a board of trustees.
3The board of trustees shall consist of 5 members. Within 90
4days after the order is entered organizing the district, the
5county board in which the renewable energy production district
6is located shall appoint the members of the board. Of the
7initial members, 3 shall serve for a 3-year term and 2 shall
8serve for a 5-year term, as determined by lot. Thereafter, the
9members of the board shall serve for a 5-year term. Vacancies
10shall be filled in the same manner as appointments. The members
11of the board shall annually elect one member to serve as the
12chairperson. Members of the board shall serve without
13compensation but may receive the reasonable cost of their
14travel expenses.
 
15    Section 20. Powers. The board shall exercise all of the
16powers and control all the affairs of a renewable energy
17production district.
18    (a) The board may:
19        (1) construct, operate, and maintain a renewable
20    energy facility;
21        (2) contract with private or public entities to
22    construct, operate, or maintain a renewable energy
23    facility for the district;
24        (3) solicit and accept moneys from any legal source;

 

 

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1    and
2        (4) sell the renewable energy produced by a renewable
3    energy facility.
4    (b) The board must remit all money collected from a
5renewable energy facility to the county in which the district
6is located.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.