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Public Act 097-0265


 

Public Act 0265 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0265
 
HB1487 EnrolledLRB097 06685 RLJ 46771 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Renewable Energy Production District Act.
 
    Section 5. Definition. "Renewable energy facility" means a
generator attached to a building or parcel of land that is
powered by solar electric energy or wind, dedicated crops grown
for electricity generation, anaerobic digestion of livestock
or food processing waste, fuel cells or microturbines powered
by renewable fuels, or hydroelectric energy.
 
    Section 10. Renewable energy production district. Any area
within the boundaries of a single county may be incorporated as
a renewable energy production district.
    Fifty or more of the legal voters resident within the
limits of the proposed district or a majority if there are
fewer than 100 legal voters, may petition the circuit court for
the county in which the proposed district is located to cause
the question to be submitted to the legal voters of the
proposed district whether the proposed territory shall be
organized as a renewable energy production district under this
Act. The petition shall be addressed to the court and shall
contain a definite description of the boundaries of the
territory to be embraced in the proposed district and the name
of the proposed district. The territory incorporated in a
district formed under this Act shall be contiguous and may
contain any territory not previously included in any renewable
energy production district.
    Upon filing a petition, in the office of the circuit clerk
of the county in which the petition is made, the court shall
consider the boundaries of the renewable energy production
district whether the same shall be those stated in the petition
or otherwise.
    Notice shall be given by the court of the time and place of
a hearing upon the subject of the petition. The notice shall be
published in one or more newspapers of general circulation
within the proposed renewable energy production district or, if
there is no newspaper of general circulation within the
proposed renewable energy production district, then by posting
at least 10 copies in the proposed district at least 20 days
before the meeting in conspicuous places as far separated from
each other as consistently possible.
    At the hearing, all persons in the proposed renewable
energy production district shall have an opportunity to be
heard concerning the location and boundary of the proposed
district and make suggestions regarding the same, and the
court, after hearing statements, evidence, and suggestions,
shall fix and determine the limits and boundaries of the
proposed district, and for that purpose and to that extent, may
alter and amend the petition. After the determination by the
court the limits and boundaries shall be incorporated in an
order, and the order shall be filed in the records of the
court. Upon the entering of the order, the court shall certify
the order and the proposition to the proper election officials,
who shall submit the proposition to the voters at an election
in accordance with the general election law. In addition to the
requirements of the general election law, notice of the
referendum shall include a description of the proposed district
and the name of the proposed district.
    The proposition shall be in substantially the following
form:
        Shall a renewable energy production district be
    incorporated?
    Votes shall be recorded as "YES" or "NO".
    The court shall cause a statement of the results of the
election to be filed in the records of the court. If a majority
of the votes cast upon the question are in favor of the
incorporation of the proposed renewable energy production
district, then the district shall thereafter be an organized
renewable energy production district under this Act, and the
court shall enter an order accordingly and cause the same to be
filed in the records of the court and shall also send to the
county clerk a certified copy of the order organizing the
district.
 
    Section 15. Board of trustees. A renewable energy
production district shall be governed by a board of trustees.
The board of trustees shall consist of 5 members. Within 90
days after the order is entered organizing the district, the
county board in which the renewable energy production district
is located shall appoint the members of the board. Of the
initial members, 3 shall serve for a 3-year term and 2 shall
serve for a 5-year term, as determined by lot. Thereafter, the
members of the board shall serve for a 5-year term. Vacancies
shall be filled in the same manner as appointments. The members
of the board shall annually elect one member to serve as the
chairperson. Members of the board shall serve without
compensation but may receive the reasonable cost of their
travel expenses.
 
    Section 20. Powers. The board shall exercise all of the
powers and control all the affairs of a renewable energy
production district.
    (a) The board may:
        (1) construct, operate, and maintain a renewable
    energy facility;
        (2) contract with private or public entities to
    construct, operate, or maintain a renewable energy
    facility for the district;
        (3) solicit and accept moneys from any legal source;
    and
        (4) sell the renewable energy produced by a renewable
    energy facility.
    (b) The board must remit all money collected from a
renewable energy facility to the county in which the district
is located.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2011