Sen. Michael W. Frerichs

Filed: 5/8/2012

 

 


 

 


 
09700HB4753sam004LRB097 18551 JDS 69263 a

1
AMENDMENT TO HOUSE BILL 4753

2    AMENDMENT NO. ______. Amend House Bill 4753, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Renewable Energy Production District Act is
6amended by changing Sections 5, 10, 15, and 20 and by adding
7Sections 22 and 30 as follows:
 
8    (70 ILCS 1950/5)
9    Sec. 5. Definitions Definition.
10    "Board" means the board of trustees of a renewable energy
11production special district created under this Act.
12    "District" means a renewable energy production special
13district created under this Act.
14    "Renewable energy facility" means a generator that is
15attached to a building or parcel of land and that is powered by
16methane gas generated from landfills, solar electric energy or

 

 

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1wind, dedicated crops grown for electricity generation,
2anaerobic digestion of livestock or food processing waste, fuel
3cells or microturbines powered by renewable fuels, or
4hydroelectric energy. "Renewable fuels" does not include the
5incineration or burning of tires, garbage, general household,
6institutional, or commercial waste, industrial lunchroom or
7office waste, landscape waste other than tree waste, railroad
8crossties, utility poles, or construction or demolition
9debris, other than untreated and unadulterated waste wood.
10(Source: P.A. 97-265, eff. 8-8-11.)
 
11    (70 ILCS 1950/10)
12    Sec. 10. Renewable energy production special district.
13    (a) Any or all areas area within the boundaries of a single
14county may be incorporated as a single renewable energy
15production special district. The territory incorporated in a
16district formed under this Act shall be contiguous and may
17contain any territory not previously included in any renewable
18energy production district.
19    (b) Fifty or more of the legal voters resident within the
20limits of the proposed district or a majority if there are
21fewer than 100 legal voters, hereinafter referred to as the
22"petitioners", may petition the circuit court for the county in
23which the proposed district is located to cause the question to
24be submitted to the legal voters of the proposed district
25whether the proposed territory shall be organized as a

 

 

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1renewable energy production special district under this Act.
2The petition shall be addressed to the court and shall set
3forth (i) contain a definite description of the boundaries of
4the territory to be embraced in the proposed district, (ii) and
5the name of the proposed district, and (iii) a request that the
6question be submitted to the legal voters of the proposed
7district. The territory incorporated in a district formed under
8this Act shall be contiguous and may contain any territory not
9previously included in any renewable energy production
10district.
11    Upon filing a petition, in the office of the circuit clerk
12of the county in which the petition is made, the court shall
13consider the boundaries of the renewable energy production
14district whether the same shall be those stated in the petition
15or otherwise.
16    (c) In the event that 2 or more petitions covering in part
17the same territory are filed prior to the public hearing upon
18the petition first filed, the petitions shall be consolidated
19for public hearing, and a hearing thereon may be continued to
20permit the giving of sufficient notice upon any petition or
21petitions.
22    (d) The petitioners shall give at least 20 days notice
23prior to a hearing Notice shall be given by the court of the
24time and place of a hearing upon the subject of the petition.
25The notice shall be published in one or more newspapers of
26general circulation within the proposed renewable energy

 

 

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1production special district or, if there is no newspaper of
2general circulation within the proposed renewable energy
3production special district, then by posting at least 10 copies
4in 10 of the most public places within the boundaries of the
5proposed district at least 20 days before the meeting in
6conspicuous places as far separated from each other as
7consistently possible.
8    The filing fee on the petition and the costs of printing
9and publication or posting of notices of public hearings shall
10be paid by the petitioners.
11    (e) At the hearing on the petition, all persons in the
12proposed renewable energy production special district shall
13have an opportunity to present evidence, be heard concerning
14the creation, location, and boundary of the proposed district,
15and make suggestions regarding the same, provided, however,
16that the court may refuse to allow evidence or testimony deemed
17cumulative. After and the court, after hearing statements,
18evidence, and suggestions, the court shall fix and determine
19the limits and boundaries of the proposed district, and for
20that purpose and to that extent, may alter and amend the
21petition. In determining the limits and boundaries of the
22proposed district the court may consider, among other factors,
23the public interest and whether the territory contained within
24the proposed district contains only portions of one or more
25electoral districts. After the determination by the court the
26limits and boundaries shall be incorporated in an order, and

 

 

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

 

 

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1order organizing the district.
2(Source: P.A. 97-265, eff. 8-8-11.)
 
3    (70 ILCS 1950/15)
4    Sec. 15. Board of trustees.
5    (a) A renewable energy production district shall be
6governed by a board of trustees. The board of trustees shall
7consist of 5 members. A member of the board of trustees must
8reside within the territory embraced within the district.
9Within 90 days after the order is entered organizing the
10district, the county board in which the renewable energy
11production district is located shall appoint the initial
12members of the board. Of the initial members, 3 shall serve for
13a 3-year term and 2 shall serve for a 5-year term, as
14determined by lot. Thereafter, the members of the board shall
15serve for a 5-year term. Vacancies shall be filled in the same
16manner as appointments. The members of the board shall annually
17elect one member to serve as the chairperson. Members of the
18board shall serve without compensation but may receive the
19reasonable cost of their travel expenses and may be reimbursed
20for actual expenses incurred in the performance of their
21official duties as members of the board.
22    (b) Within 60 days after appointment of the initial board
23of trustees, the board shall meet and elect a chairman, who
24shall thereafter be elected annually by the board, the
25secretary, and the treasurer. At the initial meeting, the board

 

 

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1shall adopt by-laws that shall at a minimum (i) define the
2first and subsequent fiscal years of the district, (ii)
3determine the dates and times of other regular and special
4meetings of the board, and (iii) set forth the procedure for
5amending the by-laws.
6    (c) A majority of the members appointed shall constitute a
7quorum in order to do business.
8    (d) Formal action of the board shall be in the form of an
9ordinance, resolution, motion, or other appropriate form,
10approved by a majority of the board members in attendance at a
11board meeting.
12(Source: P.A. 97-265, eff. 8-8-11.)
 
13    (70 ILCS 1950/20)
14    Sec. 20. Powers of the board of trustees. The board shall
15exercise all of the powers and control all the affairs of a
16renewable energy production special district.
17    (a) The board may:
18        (1) finance, acquire, construct, operate, and
19    maintain, or dispose of a renewable energy facility;
20        (2) contract with private or public entities to
21    finance, acquire, construct, operate, or maintain, or
22    dispose of a renewable energy facility for the district;
23        (3) solicit and accept moneys from any legal source;
24    and
25        (4) sell the renewable energy produced by a renewable

 

 

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1    energy facility; .
2        (5) acquire, purchase, own, lease, rent, sell, and
3    convey interests in real and tangible and intangible
4    personal property;
5        (6) purchase insurance;
6        (7) sue and be sued;
7        (8) hire employees, prescribe their duties and fix
8    their compensation;
9        (9) adopt and use a seal;
10        (10) make and execute contracts, loans, leases,
11    subleases, installation purchase agreements, notes and
12    other instruments evidencing financial obligations, and
13    other instruments necessary or convenient in the exercise
14    of its powers;
15        (11) make, adopt, amend, and repeal ordinances,
16    resolutions, bylaws, rules, and regulations not
17    inconsistent with this Act, provided, however, that such
18    ordinances, resolutions, bylaws, rules, and regulations
19    shall not be applicable to the operation and maintenance of
20    renewable energy or waste disposal activities by private
21    businesses or concerns or other public entities;
22        (12) sell, lease, sublease, license, transfer, convey,
23    or otherwise dispose of any of its real or personal
24    property, or interests therein, in whole or in part, at any
25    time upon such terms and conditions as it may determine;
26        (13) invest funds, not required for immediate

 

 

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1    disbursement, in property or agreements;
2        (14) apply for, accept and use grants, loans, or other
3    financial assistance from any private entity or municipal,
4    county, State, or federal governmental agency or other
5    public entity;
6        (15) employ or enter into contracts for the employment
7    of any person, firm, or corporation, and for professional
8    services, necessary or desirable for the accomplishment of
9    the corporate objects of the district or the proper
10    administration, management, protection or control of its
11    property and assets; and
12        (16) make and execute all contracts and other
13    instruments necessary or convenient to the exercise of its
14    powers.
15    This Section shall be liberally construed to give effect to
16its purposes.
17    (b) The board must:
18        (1) remit all money collected from a renewable energy
19    facility, exclusive of operations, maintenance, capital,
20    debt service, and investment costs, to the county in which
21    the district is located; and .
22        (2) comply with the requirements that apply to
23    pollution control facilities under the Environmental
24    Protection Act, as well as any other applicable permitting
25    and regulatory requirements under that Act, if it intends
26    to own, operate, or construct a generator that is attached

 

 

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1    to a building or parcel of land and is powered by fuel
2    cells or microturbines.
3    (c) The board is not authorized to and shall not use
4eminent domain or quick take proceedings to acquire property.
5(Source: P.A. 97-265, eff. 8-8-11.)
 
6    (70 ILCS 1950/22 new)
7    Sec. 22. Dissolution of a district.
8    (a) Action to dissolve a district may be instituted either
9by action of a board or petition.
10    (b) If a district has fully discharged its debts and
11obligations, then the board of that district may adopt an
12ordinance finding and determining that the foregoing condition
13has been met and that the public interest does not require
14continuation of the district. A copy of the ordinance shall be
15published in one or more newspapers of general circulation
16within the district or, if there is no newspaper of general
17circulation within the district, then by posting copies in 10
18of the most public places within the boundaries of the proposed
19district. In addition to a copy of the ordinance, the
20publication or posting shall include a notice of (i) the
21specific number of voters required to sign a petition
22requesting the submission to the electors of the question of
23the dissolution of the district, (ii) the date by which the
24petition must be filed, and (iii) the official with whom, or
25office at which, the petition must be filed. Unless a petition

 

 

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

 

 

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

 

 

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

 

 

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1    (70 ILCS 1950/30 new)
2    Sec. 30. Records of a district. The board shall adopt rules
3and regulations for the retention and proper safekeeping and
4maintenance of its permanent records and for the recording of
5the corporate actions of the district. The district shall be
6subject to the provisions of the Local Records Act.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".