HB4753 EngrossedLRB097 18551 KMW 63783 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 Renewable Energy Production District Act is
5amended by changing Sections 5, 10, 15, and 20 and by adding
6Sections 22 and 30 as follows:
 
7    (70 ILCS 1950/5)
8    Sec. 5. Definitions Definition.
9    "Board" means the board of trustees of a renewable energy
10production special district created under this Act.
11    "District" means a renewable energy production special
12district created under this Act.
13    "Renewable energy facility" means a generator attached to a
14building or parcel of land that is powered by solar electric
15energy or wind, dedicated crops grown for electricity
16generation, anaerobic digestion of livestock or food
17processing waste, fuel cells or microturbines powered by
18renewable fuels, or hydroelectric energy, or waste-to-energy
19concepts.
20(Source: P.A. 97-265, eff. 8-8-11.)
 
21    (70 ILCS 1950/10)
22    Sec. 10. Renewable energy production special district.

 

 

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1    (a) Any or all areas area within the boundaries of a single
2county may be incorporated as a single renewable energy
3production special 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    (b) Fifty or more of the legal voters resident within the
8limits of the proposed district or a majority if there are
9fewer than 100 legal voters, hereinafter referred to as the
10"petitioners", may petition the circuit court for the county in
11which the proposed district is located to cause the question to
12be submitted to the legal voters of the proposed district
13whether the proposed territory shall be organized as a
14renewable energy production special district under this Act.
15The petition shall be addressed to the court and shall set
16forth (i) contain a definite description of the boundaries of
17the territory to be embraced in the proposed district, (ii) and
18the name of the proposed district, and (iii) a request that the
19question be submitted to the legal voters of the proposed
20district. The territory incorporated in a district formed under
21this Act shall be contiguous and may contain any territory not
22previously included in any renewable energy production
23district.
24    Upon filing a petition, in the office of the circuit clerk
25of the county in which the petition is made, the court shall
26consider the boundaries of the renewable energy production

 

 

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1district whether the same shall be those stated in the petition
2or otherwise.
3    (c) In the event that 2 or more petitions covering in part
4the same territory are filed prior to the public hearing upon
5the petition first filed, the petitions shall be consolidated
6for public hearing, and a hearing thereon may be continued to
7permit the giving of sufficient notice upon any petition or
8petitions.
9    (d) The petitioners shall give at least 20 days notice
10prior to a hearing Notice shall be given by the court of the
11time and place of a hearing upon the subject of the petition.
12The notice shall be published in one or more newspapers of
13general circulation within the proposed renewable energy
14production special district or, if there is no newspaper of
15general circulation within the proposed renewable energy
16production special district, then by posting at least 10 copies
17in 10 of the most public places within the boundaries of the
18proposed district at least 20 days before the meeting in
19conspicuous places as far separated from each other as
20consistently possible.
21    The filing fee on the petition and the costs of printing
22and publication or posting of notices of public hearings shall
23be paid by the petitioners.
24    (e) At the hearing on the petition, all persons in the
25proposed renewable energy production special district shall
26have an opportunity to present evidence be heard concerning the

 

 

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1creation, location, and boundary of the proposed district and
2make suggestions regarding the same, provided however, that the
3court may refuse to allow evidence or testimony deemed
4cumulative. After and the court, after hearing statements,
5evidence, and suggestions, the court shall fix and determine
6the limits and boundaries of the proposed district, and for
7that purpose and to that extent, may alter and amend the
8petition. In determining the limits and boundaries of the
9proposed district the court may consider, among other factors,
10the public interest and whether the territory contained within
11the proposed district contains only portions of one or more
12electoral district or districts. After the determination by the
13court the limits and boundaries shall be incorporated in an
14order, and the order shall be filed in the records of the
15court. Upon the entering of the order, the court shall certify
16the order and the proposition to the proper election officials,
17who shall submit the proposition to the voters at the next
18permissible an election in accordance with the general election
19law. In addition to the requirements of the general election
20law, notice of the referendum shall include a description of
21the boundaries of the territory to be embraced in the proposed
22district and the name of the proposed district.
23    The proposition shall be in substantially the following
24form:
25        Shall a renewable energy production special district
26    to be known as the (name of the proposed district) be

 

 

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1    incorporated?
2        The proposed district encompasses (description of
3    territory in the proposed district).
4    Votes shall be recorded as "YES" or "NO".
5    The court shall cause a statement of the results of the
6election to be filed in the records of the court. If a majority
7of the votes cast upon the question are in favor of the
8incorporation of the proposed renewable energy production
9special district, then the district shall thereafter be an
10organized renewable energy production special district under
11this Act, and the court shall enter an order accordingly and
12cause the same to be filed in the records of the court and
13shall also send to the county clerk a certified copy of the
14order organizing the district.
15(Source: P.A. 97-265, eff. 8-8-11.)
 
16    (70 ILCS 1950/15)
17    Sec. 15. Board of trustees.
18    (a) A renewable energy production district shall be
19governed by a board of trustees. The board of trustees shall
20consist of 5 members. A member of the board of trustees must
21reside within the territory embraced within the district.
22Within 90 days after the order is entered organizing the
23district, the county board in which the renewable energy
24production district is located shall appoint the initial
25members of the board. Of the initial members, 3 shall serve for

 

 

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1a 3-year term and 2 shall serve for a 5-year term, as
2determined by lot. Thereafter, the members of the board shall
3serve for a 5-year term. Vacancies shall be filled in the same
4manner as appointments. The members of the board shall annually
5elect one member to serve as the chairperson. Members of the
6board shall serve without compensation but may receive the
7reasonable cost of their travel expenses and may be reimbursed
8for actual expenses incurred in the performance of their
9official duties as members of the board.
10    (b) Within 60 days after appointment of the initial board
11of trustees, the board shall meet and elect a chairman, who
12shall thereafter be elected annually by the board, the
13secretary, and the treasurer. At the initial meeting, the board
14shall adopt by-laws that shall at a minimum (i) define the
15first and subsequent fiscal years of the district, (ii)
16determine the dates and times of other regular and special
17meetings of the board, and (iii) set forth the procedure for
18amending the by-laws.
19    (c) A majority of the members appointed shall constitute a
20quorum in order to do business.
21    (d) Formal action of the board shall be in the form of an
22ordinance, resolution, motion, or other appropriate form,
23approved by a majority of the board members in attendance at a
24board meeting.
25(Source: P.A. 97-265, eff. 8-8-11.)
 

 

 

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1    (70 ILCS 1950/20)
2    Sec. 20. Powers of the board of trustees. The board shall
3exercise all of the powers and control all the affairs of a
4renewable energy production special district.
5    (a) The board may:
6        (1) finance, acquire, construct, operate, and
7    maintain, or dispose of a renewable energy facility;
8        (2) contract with private or public entities to
9    finance, acquire, construct, operate, or maintain, or
10    dispose of a renewable energy facility for the district;
11        (3) solicit and accept moneys from any legal source;
12    and
13        (4) sell the renewable energy produced by a renewable
14    energy facility; .
15        (5) acquire, purchase, own, lease, rent, sell, and
16    convey interests in real and tangible and intangible
17    personal property;
18        (6) purchase insurance;
19        (7) sue and be sued;
20        (8) hire employees, prescribe their duties and fix
21    their compensation;
22        (9) adopt and use a seal;
23        (10) make and execute contracts, loans, leases,
24    subleases, installation purchase agreements, notes and
25    other instruments evidencing financial obligations, and
26    other instruments necessary or convenient in the exercise

 

 

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1    of its powers;
2        (11) make, amend, and repeal bylaws, rules, and
3    regulations not inconsistent with this Act;
4        (12) sell, lease, sublease, license, transfer, convey,
5    or otherwise dispose of any of its real or personal
6    property, or interests therein, in whole or in part, at any
7    time upon such terms and conditions as it may determine;
8        (13) invest funds, not required for immediate
9    disbursement, in property or agreements;
10        (14) apply for, accept and use grants, loans, or other
11    financial assistance from any private entity or municipal,
12    county, State, or Federal governmental agency or other
13    public entity;
14        (15) employ or enter into contracts for the employment
15    of any person, firm, or corporation, and for professional
16    services, necessary or desirable for the accomplishment of
17    the corporate objects of the district or the proper
18    administration, management, protection or control of its
19    property and assets; and
20        (16) make and execute all contracts and other
21    instruments necessary or convenient to the exercise of its
22    powers.
23    This Section shall be liberally construed to give effect to
24its purposes.
25    (b) The board must remit all money collected from a
26renewable energy facility, exclusive of operations,

 

 

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1maintenance, capital, debt service, and investment costs, to
2the county in which the district is located.
3(Source: P.A. 97-265, eff. 8-8-11.)
 
4    (70 ILCS 1950/22 new)
5    Sec. 22. Dissolution of a district.
6    (a) Action to dissolve a district may be instituted either
7by action of a board or petition.
8    (b) If a district has fully discharged its debts and
9obligations, then a board may adopt an ordinance finding and
10determining that the foregoing condition has been met and that
11the public interest does not require continuation of the
12district. A copy of the ordinance shall be published in one or
13more newspapers of general circulation within the district or,
14if there is no newspaper of general circulation within the
15district, then by posting copies in 10 of the most public
16places within the boundaries of the proposed district. In
17addition to a copy of the ordinance, the publication or posting
18shall include a notice of (i) the specific number of voters
19required to sign a petition requesting the submission to the
20electors of the question of the dissolution of the district,
21(ii) the date by which the petition must be filed, and (iii)
22the official with whom or office at which the petition must be
23filed. Unless a petition is filed with the secretary of the
24board within 30 days after publication or posting containing
25the signatures of voters equal in number to 10% or more of the

 

 

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1total number of registered voters in the territory of the
2district requesting that the question of the dissolution of the
3Authority be submitted to an election, the district shall be
4deemed to be dissolved at the expiration of the 30-day period.
5If such a petition is filed, then the question of the
6dissolution of the district shall be certified by the board to
7the proper election authority, which shall submit the question
8to the electors of the district at the next permissible
9election in accordance with the general election law.
10    The question shall be in substantially the following form:
11        Shall the (name of the district) be dissolved?
12    Votes shall be recorded as "YES" or "NO".
13    The result of the election shall be entered upon the
14corporate records of the district. If a majority of the ballots
15cast on the question are marked "yes", then the district shall
16be dissolved. But if a majority of the ballots on the question
17are marked "no", the board shall proceed with the affairs of
18the district as though the dissolution ordinance had never been
19adopted, and the question shall not again be submitted to the
20voters for a period of 2 years. When the business and affairs
21of any district have been concluded after dissolution, that
22fact shall be certified by the chair of its board to the county
23clerk of the county where the district was located.
24    (c) 10% or more of the total number of registered voters
25residing within the territory of the district, hereinafter
26referred to as the "petitioners", may petition the circuit

 

 

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1court for the county where the proposed district is located to
2cause the question to be submitted to the legal voters of the
3proposed district whether the district shall be dissolved. The
4petition shall be addressed to the court and shall set forth
5(i) the name of the district, (ii) an allegation that the
6district has fully discharged its debts and obligations, and
7(iii) a request that the question be submitted to the electors
8residing within the limits of the district whether the district
9shall be dissolved.
10    The petitioners shall give at least 20 calendar days notice
11of the time and place of a hearing upon the subject of the
12petition. The notice shall be published in one or more
13newspapers of general circulation within the district or, if
14there is no newspaper of general circulation within the
15district, then by posting the notice at least 20 calendar days
16prior to the hearing in 10 of the most public places within the
17boundaries of the proposed district. All costs relating to the
18filing of the petition and the costs of printing and
19publication or posting of notices of public hearing thereon
20shall be paid by the petitioners.
21    At the hearing on the petition all persons in the district
22shall have an opportunity to present evidence and be heard
23concerning the dissolution of the district, provided, however,
24that the court may refuse to allow evidence or testimony deemed
25cumulative.
26    After hearing statements, evidence, and suggestions, the

 

 

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1court shall determine whether the district has fully discharged
2its debts and obligations and, if so, the court shall enter an
3order that the proposition whether the district shall be
4dissolved be submitted to the electors residing within the
5limits of the district. Upon the entering of such an order the
6court shall certify the order and the proposition to the proper
7election officials, who shall submit the proposition to the
8voters at the next permissible election in accordance with the
9general election law.
10    The question shall be in substantially the following form:
11        Shall the (name of the district) be dissolved?
12    Votes shall be recorded as "YES" or "NO".
13    The result of the election shall be entered upon the
14corporate records of the district. If a majority of the ballots
15cast on the question are marked "yes", then the district shall
16be dissolved. But if a majority of the ballots on the question
17are marked "no", the board shall proceed with the affairs of
18the district as though dissolution had never been considered,
19and the question shall not again be submitted to the voters for
20a period of 2 years. When the business and affairs of any
21district have been concluded after dissolution, that fact shall
22be certified by the chair of its board to the county clerk of
23the county where the district was located.
 
24    (70 ILCS 1950/30 new)
25    Sec. 30. Records of a district. The board shall adopt rules

 

 

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1and regulations for the retention and proper safekeeping and
2maintenance of its permanent records and for the recording of
3the corporate actions of the district. The district shall be
4subject to the provisions of the Local Records Act.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.