Full Text of HB1487 97th General Assembly
HB1487ham001 97TH GENERAL ASSEMBLY | Rep. Chad Hays Filed: 2/23/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1487
| 2 | | AMENDMENT NO. ______. Amend House Bill 1487 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Renewable Energy Production District Act. | 6 | | Section 5. Definition. "Renewable energy facility" means a | 7 | | generator attached to a building or parcel of land that is | 8 | | powered by solar electric energy or wind, dedicated crops grown | 9 | | for electricity generation, anaerobic digestion of livestock | 10 | | or food processing waste, fuel cells or microturbines powered | 11 | | by renewable fuels, or hydroelectric energy. | 12 | | Section 10. Renewable energy production district. Any area | 13 | | within the boundaries of a single county may be incorporated as | 14 | | a renewable energy production district. | 15 | | Fifty or more of the legal voters resident within the |
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| 1 | | limits of the proposed district or a majority if there are | 2 | | fewer than 100 legal voters, may petition the circuit court for | 3 | | the county in which the proposed district is located to cause | 4 | | the question to be submitted to the legal voters of the | 5 | | proposed district whether the proposed territory shall be | 6 | | organized as a renewable energy production district under this | 7 | | Act. The petition shall be addressed to the court and shall | 8 | | contain a definite description of the boundaries of the | 9 | | territory to be embraced in the proposed district and the name | 10 | | of the proposed district. The territory incorporated in a | 11 | | district formed under this Act shall be contiguous and may | 12 | | contain any territory not previously included in any renewable | 13 | | energy production district. | 14 | | Upon filing a petition, in the office of the circuit clerk | 15 | | of the county in which the petition is made, the court shall | 16 | | consider the boundaries of the renewable energy production | 17 | | district whether the same shall be those stated in the petition | 18 | | or otherwise. | 19 | | Notice shall be given by the court of the time and place of | 20 | | a hearing upon the subject of the petition. The notice shall be | 21 | | published in one or more newspapers of general circulation | 22 | | within the proposed renewable energy production district or, if | 23 | | there is no newspaper of general circulation within the | 24 | | proposed renewable energy production district, then by posting | 25 | | at least 10 copies in the proposed district at least 20 days | 26 | | before the meeting in conspicuous places as far separated from |
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| 1 | | each other as consistently possible. | 2 | | At the hearing, all persons in the proposed renewable | 3 | | energy production district shall have an opportunity to be | 4 | | heard concerning the location and boundary of the proposed | 5 | | district and make suggestions regarding the same, and the | 6 | | court, after hearing statements, evidence, and suggestions, | 7 | | shall fix and determine the limits and boundaries of the | 8 | | proposed district, and for that purpose and to that extent, may | 9 | | alter and amend the petition. After the determination by the | 10 | | court the limits and boundaries shall be incorporated in an | 11 | | order, and the order shall be filed in the records of the | 12 | | court. Upon the entering of the order, the court shall certify | 13 | | the order and the proposition to the proper election officials, | 14 | | who shall submit the proposition to the voters at an election | 15 | | in accordance with the general election law. In addition to the | 16 | | requirements of the general election law, notice of the | 17 | | referendum shall include a description of the proposed district | 18 | | and the name of the proposed district. | 19 | | The proposition shall be in substantially the following | 20 | | form: | 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 | 25 | | election to be filed in the records of the court. If a majority | 26 | | of the votes cast upon the question are in favor of the |
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| 1 | | incorporation of the proposed renewable energy production | 2 | | district, then the district shall thereafter be an organized | 3 | | renewable energy production district under this Act, and the | 4 | | court shall enter an order accordingly and cause the same to be | 5 | | filed in the records of the court and shall also send to the | 6 | | county clerk a certified copy of the order organizing the | 7 | | district. | 8 | | Section 15. Board of trustees. A renewable energy | 9 | | production district shall be governed by a board of trustees. | 10 | | The board of trustees shall consist of 5 members. Within 90 | 11 | | days after the order is entered organizing the district, the | 12 | | county board in which the renewable energy production district | 13 | | is located shall appoint the members of the board. Of the | 14 | | initial members, 3 shall serve for a 3-year term and 2 shall | 15 | | serve for a 5-year term, as determined by lot. Thereafter, the | 16 | | members of the board shall serve for a 5-year term. Vacancies | 17 | | shall be filled in the same manner as appointments. The members | 18 | | of the board shall annually elect one member to serve as the | 19 | | chairperson. Members of the board shall serve without | 20 | | compensation but may receive the reasonable cost of their | 21 | | travel expenses. | 22 | | Section 20. Powers. The board shall exercise all of the | 23 | | powers and control all the affairs of a renewable energy | 24 | | production 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 | 12 | | renewable energy facility to the county in which the district | 13 | | is located.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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