Rep. Chad Hays

Filed: 3/27/2012

 

 


 

 


 
09700HB4753ham001LRB097 18551 JDS 68137 a

1
AMENDMENT TO HOUSE BILL 4753

2    AMENDMENT NO. ______. Amend House Bill 4753 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1processing waste, fuel cells or microturbines powered by
2renewable fuels, or hydroelectric energy, or waste-to-energy
3concepts.
4(Source: P.A. 97-265, eff. 8-8-11.)
 
5    (70 ILCS 1950/10)
6    Sec. 10. Renewable energy production special district.
7    (a) Any or all areas area within the boundaries of a single
8county may be incorporated as a single renewable energy
9production special district. The territory incorporated in a
10district formed under this Act shall be contiguous and may
11contain any territory not previously included in any renewable
12energy production district.
13    (b) Fifty or more of the legal voters resident within the
14limits of the proposed district or a majority if there are
15fewer than 100 legal voters, hereinafter referred to as the
16"petitioners", may petition the circuit court for the county in
17which the proposed district is located to cause the question to
18be submitted to the legal voters of the proposed district
19whether the proposed territory shall be organized as a
20renewable energy production special district under this Act.
21The petition shall be addressed to the court and shall set
22forth (i) contain a definite description of the boundaries of
23the territory to be embraced in the proposed district, (ii) and
24the name of the proposed district, and (iii) a request that the
25question be submitted to the legal voters of the proposed

 

 

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1district. The territory incorporated in a district formed under
2this Act shall be contiguous and may contain any territory not
3previously included in any renewable energy production
4district.
5    Upon filing a petition, in the office of the circuit clerk
6of the county in which the petition is made, the court shall
7consider the boundaries of the renewable energy production
8district whether the same shall be those stated in the petition
9or otherwise.
10    (c) In the event that 2 or more petitions covering in part
11the same territory are filed prior to the public hearing upon
12the petition first filed, the petitions shall be consolidated
13for public hearing, and a hearing thereon may be continued to
14permit the giving of sufficient notice upon any petition or
15petitions.
16    (d) The petitioners shall give at least 20 days notice
17prior to a hearing Notice shall be given by the court of the
18time and place of a hearing upon the subject of the petition.
19The notice shall be published in one or more newspapers of
20general circulation within the proposed renewable energy
21production special district or, if there is no newspaper of
22general circulation within the proposed renewable energy
23production special district, then by posting at least 10 copies
24in 10 of the most public places within the boundaries of the
25proposed district at least 20 days before the meeting in
26conspicuous places as far separated from each other as

 

 

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1consistently possible.
2    The filing fee on the petition and the costs of printing
3and publication or posting of notices of public hearings shall
4be paid by the petitioners.
5    (e) At the hearing on the petition, all persons in the
6proposed renewable energy production special district shall
7have an opportunity to present evidence be heard concerning the
8creation, location, and boundary of the proposed district and
9make suggestions regarding the same, provided however, that the
10court may refuse to allow evidence or testimony deemed
11cumulative. After and the court, after hearing statements,
12evidence, and suggestions, the court shall fix and determine
13the limits and boundaries of the proposed district, and for
14that purpose and to that extent, may alter and amend the
15petition. In determining the limits and boundaries of the
16proposed district the court may consider, among other factors,
17the public interest and whether the territory contained within
18the proposed district contains only portions of one or more
19electoral district or districts. After the determination by the
20court the limits and boundaries shall be incorporated in an
21order, and the order shall be filed in the records of the
22court. Upon the entering of the order, the court shall certify
23the order and the proposition to the proper election officials,
24who shall submit the proposition to the voters at the next
25permissible an election in accordance with the general election
26law. In addition to the requirements of the general election

 

 

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1law, notice of the referendum shall include a description of
2the boundaries of the territory to be embraced in the proposed
3district and the name of the proposed district.
4    The proposition shall be in substantially the following
5form:
6        Shall a renewable energy production special district
7    to be known as the (name of the proposed district) be
8    incorporated?
9        The proposed district encompasses (description of
10    territory in the proposed district).
11    Votes shall be recorded as "YES" or "NO".
12    The court shall cause a statement of the results of the
13election to be filed in the records of the court. If a majority
14of the votes cast upon the question are in favor of the
15incorporation of the proposed renewable energy production
16special district, then the district shall thereafter be an
17organized renewable energy production special district under
18this Act, and the court shall enter an order accordingly and
19cause the same to be filed in the records of the court and
20shall also send to the county clerk a certified copy of the
21order organizing the district.
22(Source: P.A. 97-265, eff. 8-8-11.)
 
23    (70 ILCS 1950/15)
24    Sec. 15. Board of trustees.
25    (a) A renewable energy production district shall be

 

 

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1governed by a board of trustees. The board of trustees shall
2consist of 5 members. A member of the board of trustees must
3reside within the territory embraced within the district.
4Within 90 days after the order is entered organizing the
5district, the county board in which the renewable energy
6production district is located shall appoint the initial
7members of the board. Of the initial members, 3 shall serve for
8a 3-year term and 2 shall serve for a 5-year term, as
9determined by lot. Thereafter, the members of the board shall
10serve for a 5-year term. Vacancies shall be filled in the same
11manner as appointments. The members of the board shall annually
12elect one member to serve as the chairperson. Members of the
13board shall serve without compensation but may receive the
14reasonable cost of their travel expenses and may be reimbursed
15for actual expenses incurred in the performance of their
16official duties as members of the board.
17    (b) Within 60 days after appointment of the initial board
18of trustees, the board shall meet and elect a chairman, who
19shall thereafter be elected annually by the board, the
20secretary, and the treasurer. At the initial meeting, the board
21shall adopt by-laws that shall at a minimum (i) define the
22first and subsequent fiscal years of the district, (ii)
23determine the dates and times of other regular and special
24meetings of the board, and (iii) set forth the procedure for
25amending the by-laws.
26    (c) A majority of the members appointed shall constitute a

 

 

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1quorum in order to do business.
2    (d) Formal action of the board shall be in the form of an
3ordinance, resolution, motion, or other appropriate form,
4approved by a majority of the board members in attendance at a
5board meeting.
6(Source: P.A. 97-265, eff. 8-8-11.)
 
7    (70 ILCS 1950/20)
8    Sec. 20. Powers of the board of trustees. The board shall
9exercise all of the powers and control all the affairs of a
10renewable energy production special district.
11    (a) The board may:
12        (1) finance, acquire, construct, operate, and
13    maintain, or dispose of a renewable energy facility;
14        (2) contract with private or public entities to
15    finance, acquire, construct, operate, or maintain, or
16    dispose of a renewable energy facility for the district;
17        (3) solicit and accept moneys from any legal source;
18    and
19        (4) sell the renewable energy produced by a renewable
20    energy facility; .
21        (5) acquire, purchase, own, lease, rent, sell, and
22    convey interests in real and tangible and intangible
23    personal property;
24        (6) purchase insurance;
25        (7) sue and be sued;

 

 

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1        (8) hire employees, prescribe their duties and fix
2    their compensation;
3        (9) adopt and use a seal;
4        (10) make and execute contracts, loans, leases,
5    subleases, installation purchase agreements, notes and
6    other instruments evidencing financial obligations, and
7    other instruments necessary or convenient in the exercise
8    of its powers;
9        (11) make, amend, and repeal bylaws, rules, and
10    regulations not inconsistent with this Act;
11        (12) sell, lease, sublease, license, transfer, convey,
12    or otherwise dispose of any of its real or personal
13    property, or interests therein, in whole or in part, at any
14    time upon such terms and conditions as it may determine;
15        (13) invest funds, not required for immediate
16    disbursement, in property or agreements;
17        (14) apply for, accept and use grants, loans, or other
18    financial assistance from any private entity or municipal,
19    county, State, or Federal governmental agency or other
20    public entity;
21        (15) employ or enter into contracts for the employment
22    of any person, firm, or corporation, and for professional
23    services, necessary or desirable for the accomplishment of
24    the corporate objects of the district or the proper
25    administration, management, protection or control of its
26    property and assets; and

 

 

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1        (16) make and execute all contracts and other
2    instruments necessary or convenient to the exercise of its
3    powers.
4    This Section shall be liberally construed to give effect to
5its purposes.
6    (b) The board must remit all money collected from a
7renewable energy facility, exclusive of operations,
8maintenance, capital, debt service, and investment costs, to
9the county in which the district is located.
10(Source: P.A. 97-265, eff. 8-8-11.)
 
11    (70 ILCS 1950/22 new)
12    Sec. 22. Dissolution of a district.
13    (a) Action to dissolve a district may be instituted either
14by action of a board or petition.
15    (b) If a district has fully discharged its debts and
16obligations, then a board may adopt an ordinance finding and
17determining that the foregoing condition has been met and that
18the public interest does not require continuation of the
19district. A copy of the ordinance shall be published in one or
20more newspapers of general circulation within the district or,
21if there is no newspaper of general circulation within the
22district, then by posting copies in 10 of the most public
23places within the boundaries of the proposed district. In
24addition to a copy of the ordinance, the publication or posting
25shall include a notice of (i) the specific number of voters

 

 

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1required to sign a petition requesting the submission to the
2electors of the question of the dissolution of the district,
3(ii) the date by which the petition must be filed, and (iii)
4the official with whom or office at which the petition must be
5filed. Unless a petition is filed with the secretary of the
6board within 30 days after publication or posting containing
7the signatures of voters equal in number to 10% or more of the
8total number of registered voters in the territory of the
9district requesting that the question of the dissolution of the
10Authority be submitted to an election, the district shall be
11deemed to be dissolved at the expiration of the 30-day period.
12If such a petition is filed, then the question of the
13dissolution of the district shall be certified by the board to
14the proper election authority, which shall submit the question
15to the electors of the district at the next permissible
16election in accordance with the general election law.
17    The question shall be in substantially the following form:
18        Shall the (name of the district) be dissolved?
19    Votes shall be recorded as "YES" or "NO".
20    The result of the election shall be entered upon the
21corporate records of the district. If a majority of the ballots
22cast on the question are marked "yes", then the district shall
23be dissolved. But if a majority of the ballots on the question
24are marked "no", the board shall proceed with the affairs of
25the district as though the dissolution ordinance had never been
26adopted, and the question shall not again be submitted to the

 

 

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1voters for a period of 2 years. When the business and affairs
2of any district have been concluded after dissolution, that
3fact shall be certified by the chair of its board to the county
4clerk of the county where the district was located.
5    (c) 10% or more of the total number of registered voters
6resident within the territory of the district, hereinafter
7referred to as the "petitioners", may petition the circuit
8court for the county where the proposed district is located to
9cause the question to be submitted to the legal voters of the
10proposed district whether the district shall be dissolved. The
11petition shall be addressed to the court and shall set forth
12(i) the name of the district, (ii) an allegation that the
13district has fully discharged its debts and obligations, and
14(iii) a request that the question be submitted to the electors
15residing within the limits of the district whether the district
16shall be dissolved.
17    The petitioners shall give at least 20 calendar days notice
18of the time and place of a hearing upon the subject of the
19petition. The notice shall be published in one or more
20newspapers of general circulation within the district or, if
21there is no newspaper of general circulation within the
22district, then by posting the notice at least 20 calendar days
23prior to the hearing in 10 of the most public places within the
24boundaries of the proposed district. All costs relating to the
25filing of the petition and the costs of printing and
26publication or posting of notices of public hearing thereon

 

 

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1shall be paid by the petitioners.
2    At the hearing on the petition all persons in the district
3shall have an opportunity to present evidence and be heard
4concerning the dissolution of the district, provided, however,
5that the court may refuse to allow evidence or testimony deemed
6cumulative.
7    After hearing statements, evidence, and suggestions, the
8court shall determine whether the district has fully discharged
9its debts and obligations and, if so, the court shall enter an
10order that the proposition whether the district shall be
11dissolved be submitted to the electors residing within the
12limits of the district. Upon the entering of such an order the
13court shall certify the order and the proposition to the proper
14election officials, who shall submit the proposition to the
15voters at the next permissible election in accordance with the
16general election law.
17    The question shall be in substantially the following form:
18        Shall the (name of the district) be dissolved?
19    Votes shall be recorded as "YES" or "NO".
20    The result of the election shall be entered upon the
21corporate records of the district. If a majority of the ballots
22cast on the question are marked "yes", then the district shall
23be dissolved. But if a majority of the ballots on the question
24are marked "no", the board shall proceed with the affairs of
25the district as though dissolution had never been considered,
26and the question shall not again be submitted to the voters for

 

 

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1a period of 2 years. When the business and affairs of any
2district have been concluded after dissolution, that fact shall
3be certified by the chair of its board to the county clerk of
4the county where the district was located.
 
5    (70 ILCS 1950/30 new)
6    Sec. 30. Records of a district. The board shall adopt rules
7and regulations for the retention and proper safe keeping and
8maintenance of its permanent records and for the recording of
9the corporate actions of the district. The district shall be
10subject to the provisions of the Local Records Act.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".