Rep. Chad Hays

Filed: 2/23/2011

 

 


 

 


 
09700HB1487ham001LRB097 06685 RLJ 51201 a

1
AMENDMENT TO HOUSE BILL 1487

2    AMENDMENT NO. ______. Amend House Bill 1487 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1limits of the proposed district or a majority if there are
2fewer than 100 legal voters, may petition the circuit court for
3the county in which the proposed district is located to cause
4the question to be submitted to the legal voters of the
5proposed district whether the proposed territory shall be
6organized as a renewable energy production district under this
7Act. The petition shall be addressed to the court and shall
8contain a definite description of the boundaries of the
9territory to be embraced in the proposed district and the name
10of the proposed district. The territory incorporated in a
11district formed under this Act shall be contiguous and may
12contain any territory not previously included in any renewable
13energy production district.
14    Upon filing a petition, in the office of the circuit clerk
15of the county in which the petition is made, the court shall
16consider the boundaries of the renewable energy production
17district whether the same shall be those stated in the petition
18or otherwise.
19    Notice shall be given by the court of the time and place of
20a hearing upon the subject of the petition. The notice shall be
21published in one or more newspapers of general circulation
22within the proposed renewable energy production district or, if
23there is no newspaper of general circulation within the
24proposed renewable energy production district, then by posting
25at least 10 copies in the proposed district at least 20 days
26before the meeting in conspicuous places as far separated from

 

 

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1each other as consistently possible.
2    At the hearing, all persons in the proposed renewable
3energy production district shall have an opportunity to be
4heard concerning the location and boundary of the proposed
5district and make suggestions regarding the same, and the
6court, after hearing statements, evidence, and suggestions,
7shall fix and determine the limits and boundaries of the
8proposed district, and for that purpose and to that extent, may
9alter and amend the petition. After the determination by the
10court the limits and boundaries shall be incorporated in an
11order, and the order shall be filed in the records of the
12court. Upon the entering of the order, the court shall certify
13the order and the proposition to the proper election officials,
14who shall submit the proposition to the voters at an election
15in accordance with the general election law. In addition to the
16requirements of the general election law, notice of the
17referendum shall include a description of the proposed district
18and the name of the proposed district.
19    The proposition shall be in substantially the following
20form:
21        Shall a renewable energy production district be
22    incorporated?
23    Votes shall be recorded as "YES" or "NO".
24    The court shall cause a statement of the results of the
25election to be filed in the records of the court. If a majority
26of the votes cast upon the question are in favor of the

 

 

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1incorporation of the proposed renewable energy production
2district, then the district shall thereafter be an organized
3renewable energy production district under this Act, and the
4court shall enter an order accordingly and cause the same to be
5filed in the records of the court and shall also send to the
6county clerk a certified copy of the order organizing the
7district.
 
8    Section 15. Board of trustees. A renewable energy
9production district shall be governed by a board of trustees.
10The board of trustees shall consist of 5 members. Within 90
11days after the order is entered organizing the district, the
12county board in which the renewable energy production district
13is located shall appoint the members of the board. Of the
14initial members, 3 shall serve for a 3-year term and 2 shall
15serve for a 5-year term, as determined by lot. Thereafter, the
16members of the board shall serve for a 5-year term. Vacancies
17shall be filled in the same manner as appointments. The members
18of the board shall annually elect one member to serve as the
19chairperson. Members of the board shall serve without
20compensation but may receive the reasonable cost of their
21travel expenses.
 
22    Section 20. Powers. The board shall exercise all of the
23powers and control all the affairs of a renewable energy
24production district.

 

 

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1    (a) The board may:
2        (1) construct, operate, and maintain a renewable
3    energy facility;
4        (2) contract with private or public entities to
5    construct, operate, or maintain a renewable energy
6    facility for the district;
7        (3) solicit and accept moneys from any legal source;
8    and
9        (4) sell the renewable energy produced by a renewable
10    energy facility.
11    (b) The board must remit all money collected from a
12renewable energy facility to the county in which the district
13is located.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".