(70 ILCS 1950/20)
Powers of the board of trustees.
The board shall exercise all of the powers and control all the affairs of a renewable energy production special district.
(a) The board may:
(1) finance, acquire, construct, operate, maintain,
or dispose of a renewable energy facility;
(2) contract with private or public entities to
finance, acquire, construct, operate, maintain, or dispose of a renewable energy facility for the district;
(3) solicit and accept moneys from any legal source;
(4) sell the renewable energy produced by a renewable
(5) acquire, purchase, own, lease, rent, sell, and
convey interests in real and tangible and intangible personal property;
(6) purchase insurance;
(7) sue and be sued;
(8) hire employees, prescribe their duties and fix
(9) adopt and use a seal;
(10) make and execute contracts, loans, leases,
subleases, installation purchase agreements, notes and other instruments evidencing financial obligations, and other instruments necessary or convenient in the exercise of its powers;
(11) make, adopt, amend, and repeal ordinances,
resolutions, bylaws, rules, and regulations not inconsistent with this Act, provided, however, that such ordinances, resolutions, bylaws, rules, and regulations shall not be applicable to the operation and maintenance of renewable energy or waste disposal activities by private businesses or concerns or other public entities;
(12) sell, lease, sublease, license, transfer,
convey, or otherwise dispose of any of its real or personal property, or interests therein, in whole or in part, at any time upon such terms and conditions as it may determine;
(13) invest funds, not required for immediate
disbursement, in property or agreements;
(14) apply for, accept and use grants, loans, or
other financial assistance from any private entity or municipal, county, State, or federal governmental agency or other public entity;
(15) employ or enter into contracts for the
employment of any person, firm, or corporation, and for professional services, necessary or desirable for the accomplishment of the corporate objects of the district or the proper administration, management, protection or control of its property and assets; and
(16) make and execute all contracts and other
instruments necessary or convenient to the exercise of its powers.
This Section shall be liberally construed to give effect to its purposes.
(b) The board must:
(1) remit all money collected from a renewable energy
facility, exclusive of operations, maintenance, capital, debt service, and investment costs, to the county in which the district is located; and
(2) comply with the requirements that apply to
pollution control facilities under the Environmental Protection Act, as well as any other applicable permitting and regulatory requirements under that Act, if it intends to own, operate, or construct a generator that is attached to a building or parcel of land and is powered by fuel cells or microturbines.
(c) The board is not authorized to and shall not use eminent domain or quick take proceedings to acquire property.
(Source: P.A. 97-265, eff. 8-8-11; 97-1110, eff. 8-27-12.)