Illinois General Assembly - Full Text of SB2505
Illinois General Assembly

Previous General Assemblies

Full Text of SB2505  96th General Assembly

SB2505 96TH GENERAL ASSEMBLY

  
  

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2505

 

Introduced 1/6/2010, by Sen. Michael W. Frerichs

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Property Tax Code. Provides that municipalities and counties may establish green energy special service areas. Provides that those green energy special service areas shall include only property for which each owner of record has executed a contract or agreement with the county or municipality consenting to the inclusion of the property within the green energy special service area. Provides that green energy special service areas are not subject to certain notice and hearing requirements set forth in the Property Tax Code. Provides that the owner of record of each parcel of property within a green energy special service area may arrange, through an agreement with the municipality or county, for specific energy efficiency improvements or renewable energy improvements and may obtain financing for such improvements through the process set forth in the ordinance establishing the special service area. Provides that counties and municipalities may levy property taxes in connection with green energy special service areas. Provides that counties and municipalities may issue bonds in connection with those special service area projects and may sell, assign, or pledge those bonds to the Illinois Finance Authority. Amends the Illinois Illinois Finance Authority Act to make conforming changes. Contains other provisions.


LRB096 16340 HLH 31604 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
STATE DEBT IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2505 LRB096 16340 HLH 31604 b

1     AN ACT concerning revenue.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Finance Authority Act is amended by
5 changing Sections 820-10, 820-20, and 820-25 and by adding
6 Section 820-37 as follows:
 
7     (20 ILCS 3501/820-10)
8     Sec. 820-10. Definitions. The following words or terms,
9 whenever used or referred to in this Article, shall have the
10 following meanings ascribed to them, except where the context
11 clearly requires otherwise:
12     (a) "Department" means the Illinois Department of Commerce
13 and Economic Opportunity.
14     (b) "Unit of local government" means any unit of local
15 government, as defined in Article VII, Section 1 of the 1970
16 State Constitution and any local public entity as that term is
17 defined by the Local Governmental and Governmental Employees
18 Tort Immunity Act and also includes the State and any
19 instrumentality, office, officer, department, division,
20 bureau, commission, college or university thereof.
21     (c) "Energy conservation project" means any improvement,
22 repair, alteration or betterment of any building or facility or
23 any equipment, fixture or furnishing including its energy using

 

 

SB2505 - 2 - LRB096 16340 HLH 31604 b

1 mechanical devices to be added to or used in any building or
2 facility that the Director of the Department has certified to
3 the Authority will be a cost-effective energy-related project
4 that will lower energy or utility costs in connection with the
5 operation or maintenance of such building or facility, and will
6 achieve energy cost savings sufficient to cover bond debt
7 service and other project costs within 10 years from the date
8 of project installation.
9     (d) "Green energy special service area project" means any
10 energy efficiency improvement or renewable energy improvement
11 as such terms are defined in section 27-5 of the Special
12 Service Area Tax Law of the Property Tax Code.
13 (Source: P.A. 93-205, eff. 1-1-04.)
 
14     (20 ILCS 3501/820-20)
15     Sec. 820-20. Powers and Duties; Illinois Local Government
16 Financing Assistance Program. The Authority has the power:
17     (a) To purchase from time to time pursuant to negotiated
18 sale or to otherwise acquire from time to time any local
19 government securities issued by one or more units of local
20 government upon such terms and conditions as the Authority may
21 prescribe;
22     (b) To issue bonds in one or more series pursuant to one or
23 more resolutions of the Authority for any purpose authorized
24 under this Article, including without limitation purchasing or
25 acquiring local government securities, providing for the

 

 

SB2505 - 3 - LRB096 16340 HLH 31604 b

1 payment of any interest deemed necessary on such bonds, paying
2 for the cost of issuance of such bonds, providing for the
3 payment of the cost of any guarantees, letters of credit,
4 insurance contracts or other similar credit support or
5 liquidity instruments, or providing for the funding of any
6 reserves deemed necessary in connection with such bonds and
7 refunding or advance refunding of any such bonds and the
8 interest and any premium thereon, pursuant to this Act;
9     (c) To provide for the funding of any reserves or other
10 funds or accounts deemed necessary by the Authority in
11 connection with any bonds issued by the Authority or local
12 government securities purchased or otherwise acquired by the
13 Authority;
14     (d) To pledge any local government security, including any
15 payments thereon, and any other funds of the Authority or funds
16 made available to the Authority which may be applied to such
17 purpose, as security for any bonds or any guarantees, letters
18 of credit, insurance contracts or similar credit support or
19 liquidity instruments securing the bonds;
20     (e) To enter into agreements or contracts with third
21 parties, whether public or private, including without
22 limitation the United States of America, the State, or any
23 department or agency thereof to obtain any appropriations,
24 grants, loans or guarantees which are deemed necessary or
25 desirable by the Authority. Any such guarantee, agreement or
26 contract may contain terms and provisions necessary or

 

 

SB2505 - 4 - LRB096 16340 HLH 31604 b

1 desirable in connection with the program, subject to the
2 requirements established by this Article;
3     (f) To charge reasonable fees to defray the cost of
4 obtaining letters of credit, insurance contracts or other
5 similar documents, and to charge such other reasonable fees to
6 defray the cost of trustees, depositories, paying agents, bond
7 registrars, escrow agents and other administrative expenses.
8 Any such fees shall be payable by units of local government
9 whose local government securities are purchased or otherwise
10 acquired by the Authority pursuant to this Article, in such
11 amounts and at such times as the Authority shall determine, and
12 the amount of the fees need not be uniform among the various
13 units of local government whose local government securities are
14 purchased or otherwise acquired by the Authority pursuant to
15 this Article;
16     (g) To obtain and maintain guarantees, letters of credit,
17 insurance contracts or similar credit support or liquidity
18 instruments which are deemed necessary or desirable in
19 connection with any bonds or other obligations of the Authority
20 or any local government securities;
21     (h) To establish application fees and other service fees
22 and prescribe application, notification, contract, agreement,
23 security and insurance forms and rules and regulations it deems
24 necessary or appropriate;
25     (i) To provide technical assistance, at the request of any
26 unit of local government, with respect to the financing or

 

 

SB2505 - 5 - LRB096 16340 HLH 31604 b

1 refinancing for any public purpose. In fulfillment of this
2 purpose, the Authority may request assistance from the
3 Department as necessary; any unit of local government that is
4 experiencing either a financial emergency as defined in the
5 Local Government Financial Planning and Supervision Act or a
6 condition of fiscal crisis evidenced by an impaired ability to
7 obtain financing for its public purpose projects from
8 traditional financial channels or impaired ability to fully
9 fund its obligations to fire, police and municipal employee
10 pension funds, or to bond payments or reserves, may request
11 technical assistance from the Authority in the form of a
12 diagnostic evaluation of its financial condition;
13     (j) To purchase any obligations of the Authority issued
14 pursuant to this Article;
15     (k) To sell, transfer or otherwise dispose of local
16 government securities purchased or otherwise acquired by the
17 Authority pursuant to this Article, including without
18 limitation, the sale, transfer or other disposition of
19 undivided fractionalized interests in the right to receive
20 payments of principal and premium, if any, or the right to
21 receive payments of interest or the right to receive payments
22 of principal of and premium, if any, and interest on pools of
23 such local government securities;
24     (l) To acquire, purchase, lease, sell, transfer and
25 otherwise dispose of real and personal property, or any
26 interest therein, and to issue its bonds and enter into leases,

 

 

SB2505 - 6 - LRB096 16340 HLH 31604 b

1 contracts and other agreements with units of local government
2 in connection with such acquisitions, purchases, leases, sales
3 and other dispositions of such real and personal property;
4     (m) To make loans to banks, savings and loans and other
5 financial institutions for the purpose of purchasing or
6 otherwise acquiring local government securities, and to issue
7 its bonds, and enter into agreements and contracts in
8 connection with such loans;
9     (n) To enter into agreements or contracts with any person
10 necessary or appropriate to place the payment obligations of
11 the Authority under any of its bonds in whole or in part on any
12 interest rate basis, cash flow basis, or other basis desired by
13 the Authority, including without limitation agreements or
14 contracts commonly known as "interest rate swap agreements",
15 "forward payment conversion agreements", and "futures", or
16 agreements or contracts to exchange cash flows or a series of
17 payments, or agreements or contracts, including without
18 limitation agreements or contracts commonly known as
19 "options", "puts" or "calls", to hedge payment, rate spread, or
20 similar exposure; provided, that any such agreement or contract
21 shall not constitute an obligation for borrowed money, and
22 shall not be taken into account under Section 845-5 of this Act
23 or any other debt limit of the Authority or the State of
24 Illinois;
25     (o) To make and enter into all other agreements and
26 contracts and execute all instruments necessary or incidental

 

 

SB2505 - 7 - LRB096 16340 HLH 31604 b

1 to performance of its duties and the execution of its powers
2 under this Article;
3     (p) To contract for and finance the costs of energy audits,
4 project-specific engineering and design specifications, and
5 any other related analyses preliminary to an energy
6 conservation project; and, to contract for and finance the cost
7 of project monitoring and data collection to verify
8 post-installation energy consumption and energy-related
9 operating costs. Any such contract shall be executed only after
10 it has been jointly negotiated by the Authority and the
11 Department; and
12     (p-5) To purchase special service area bonds and to accept
13 assignments, pledges, or both of special service area bonds,
14 agreements relating to public and private green energy special
15 service area projects, or both; this authority shall be
16 liberally construed; and
17     (q) To exercise such other powers as are necessary or
18 incidental to the foregoing.
19 (Source: P.A. 93-205, eff. 1-1-04.)
 
20     (20 ILCS 3501/820-25)
21     Sec. 820-25. Unit of Local Government Participation. Any
22 unit of local government is authorized to voluntarily
23 participate in this program. Any unit of local government which
24 is authorized to issue, sell and deliver its local government
25 securities under any provision of the Constitution or laws of

 

 

SB2505 - 8 - LRB096 16340 HLH 31604 b

1 the State may issue, sell and deliver such local government
2 securities to the Authority under this Article; provided that
3 and notwithstanding any other provision of law to the contrary,
4 any such unit of local government may issue and sell any such
5 local government security at any interest rate or rates, which
6 rate or rates may be established by an index or formula which
7 may be implemented by persons appointed or retained therefor,
8 payable at such time or times, and at such price or prices to
9 which the unit of local government and the Authority may agree.
10 Any unit of local government may pay any amount charged by the
11 Authority pursuant to this Article. Any unit of local
12 government participating in this program may pay out of the
13 proceeds of its local government securities or out of any other
14 moneys or funds available to it for such purposes any costs,
15 fees, interest deemed necessary, premium or reserves incurred
16 or required for financing or refinancing this program,
17 including without limitation any fees charged by the Authority
18 pursuant to this Article and its share, as determined by the
19 Authority, of any costs, fees, interest deemed necessary,
20 premium or reserves incurred or required pursuant to Section
21 820-20 of this Act. All local government securities purchased
22 or otherwise acquired by the Authority pursuant to this Act
23 shall upon delivery to the Authority be accompanied by an
24 approving opinion of bond counsel as to the validity of such
25 securities. The Authority shall have discretion to purchase or
26 otherwise acquire those local government securities, as it

 

 

SB2505 - 9 - LRB096 16340 HLH 31604 b

1 shall deem to be in the best interest of its financing program
2 for all units of local government taken as a whole. Any unit of
3 local government with the authority to provide special service
4 area financing in connection with green energy special service
5 area projects, as provided in the Special Service Area Tax Law,
6 is authorized to do any of the following: (i) issue special
7 service area bonds, (ii) sell or assign those bonds to the
8 Authority, and (iii) assign or pledge those special service
9 area bonds, agreements relating to public and private green
10 energy special service area projects, or both to the Authority.
11 (Source: P.A. 93-205, eff. 1-1-04.)
 
12     (20 ILCS 3501/820-37 new)
13     Sec. 820-37. Special service area bonds. The Authority may
14 assist units local government by establishing and implementing
15 a program to issue its bonds secured by special service area
16 agreements assigned or pledged to the Authority by the units of
17 local government so as to provide financing for green energy
18 special service area projects. Such bonds shall not constitute
19 an indebtedness or obligation of the State of Illinois and it
20 shall be plainly stated on the face of each bond that it does
21 not constitute such an indebtedness or obligation but is
22 payable solely from the revenues, income, or other assets of
23 the Authority pledged for those purposes.
 
24     Section 10. The Property Tax Code is amended by changing

 

 

SB2505 - 10 - LRB096 16340 HLH 31604 b

1 Section 27-5 and by adding Section 27-97 as follows:
 
2     (35 ILCS 200/27-5)
3     Sec. 27-5. Short title; definitions. This Article may be
4 cited as the Special Service Area Tax Law.
5     When used in this Article:
6     "Energy efficiency improvement" means any installation,
7 modification, or replacement that is intended to reduce energy
8 consumption in any residential, commercial, or industrial
9 building, structure, or other facility, including, but not
10 limited to, the following:
11         (1) insulation in walls, roofs, floors, foundations,
12     and heating and cooling distribution systems;
13         (2) storm windows and doors, multiglazed windows and
14     doors, heat-absorbing or heat-reflective glazed and coated
15     window and door systems, additional glazing, reductions in
16     glass area, and other window and door system modifications;
17         (3) automatic energy control systems;
18         (4) high-efficiency furnaces, lighting fixtures,
19     ventilating, or air conditioning and distribution systems;
20         (5) caulking and weather-stripping;
21         (6) facilities, improvements, or systems to bring
22     natural daylight into buildings; and
23         (7) any other installation, modification, replacement,
24     facility, improvement, rehabilitation, repair, or
25     remodeling that has the effect of reducing energy

 

 

SB2505 - 11 - LRB096 16340 HLH 31604 b

1     consumption.
2     "Green energy special service area" means a special service
3 area created pursuant to Section 27-97 of this Code for the
4 purpose of providing special services that are energy
5 efficiency improvements, renewable energy improvements, or a
6 combination of both. The corporate authorities may establish by
7 ordinance (i) multiple green energy special service areas
8 pursuant to a single ordinance or (ii) a single green energy
9 special service area comprised of multiple buildings,
10 structures, facilities, improvements, lots, or parcels of
11 land, which are not required to be contiguous. Revenues from
12 multiple green energy special service areas and revenues from
13 multiple buildings, structures, facilities, improvements,
14 lots, or parcels of land within a single green energy special
15 service area may be aggregated for a pledge as security for
16 bonds issued pursuant to Section 27-45.
17     "Renewable energy improvement" means any fixture, product,
18 system, device, or interacting group thereof, for any
19 residential, commercial, or industrial building, structure, or
20 other facility that produces energy from renewable energy
21 resources, as the term "renewable energy resources" is defined
22 in Section 1-10 of the Illinois Power Agency Act.
23     "Special Service Area" means a contiguous area within a
24 municipality or county in which, except as provided in Section
25 27-97 concerning green energy special services, special
26 governmental services are provided in addition to those

 

 

SB2505 - 12 - LRB096 16340 HLH 31604 b

1 services provided generally throughout the municipality or
2 county, the cost of the special services to be paid from
3 revenues collected from taxes levied or imposed upon property
4 within that area. Territory shall be considered contiguous for
5 purposes of this Article even though certain completely
6 surrounded portions of the territory are excluded from the
7 special service area. A county may create a special service
8 area within a municipality or municipalities when the
9 municipality or municipalities consent to the creation of the
10 special service area. A municipality may create a special
11 service area within a municipality and the unincorporated area
12 of a county or within another municipality when the county or
13 other municipality consents to the creation of the special
14 service area.
15     "Special Services" means all forms of services pertaining
16 to the government and affairs of the municipality or county,
17 including but not limited to weather modification, energy
18 efficiency improvements, renewable energy improvements, and
19 improvements permissible under Article 9 of the Illinois
20 Municipal Code, and contracts for the supply of water as
21 described in Section 11-124-1 of the Illinois Municipal Code
22 which may be entered into by the municipality or by the county
23 on behalf of a county service area.
24 (Source: P.A. 86-1324; 88-445.)
 
25     (35 ILCS 200/27-97 new)

 

 

SB2505 - 13 - LRB096 16340 HLH 31604 b

1     Sec. 27-97. Green Energy Special Service Areas.
2     (a) The corporate authorities of each municipality or
3 county may establish a green energy special service area, or
4 multiple green energy special service areas under a single
5 ordinance, for the purpose of arranging and financing energy
6 efficiency improvements, renewable energy improvements, or
7 both. Each green energy special service area shall include only
8 property for which each owner of record has executed a contract
9 or agreement consenting to the inclusion of the property within
10 the green energy special service area. That consent may occur
11 subsequent to the adoption of the ordinance of the corporate
12 authorities establishing the green energy special service
13 area. The inclusion (or, as applicable, deletion) of the
14 property within the green energy special service area
15 subsequent to the adoption of the ordinance of the corporate
16 authorities establishing the green energy special service area
17 may be made by either (i) the adoption of a supplemental or
18 amending ordinance of the corporate authorities or (ii)
19 pursuant to authority in the establishing ordinance
20 designating one or more county or municipal officers, as
21 applicable, to include (or, as applicable, delete) other
22 properties from the special service area. Green energy special
23 service areas are exempt from the provisions of Sections 27-20,
24 27-25, 27-30, 27-35, 27-45, 27-55, 27-60, 27-65, and 27-70.
25 Each owner of record of property within a green energy special
26 service area may arrange for specific energy efficiency

 

 

SB2505 - 14 - LRB096 16340 HLH 31604 b

1 improvements or renewable energy improvements and may obtain
2 financing for such improvements through the process set forth
3 in the ordinance establishing the green energy special service
4 area. A green energy special service area may consist of a
5 single building, structure, facility, improvement, lot, or
6 parcel of land. The corporate authorities may establish
7 multiple green energy special service areas pursuant to a
8 single ordinance or include multiple buildings, structures,
9 facilities, improvements, lots, or parcels of land within a
10 single green energy special service area, whether or not those
11 buildings, structures, facilities, improvements, lots, or
12 parcels of land are contiguous. Revenues from multiple green
13 energy special service areas and revenues from multiple
14 buildings, structures, facilities, improvements or lots or
15 parcels of land within a single green energy special service
16 area may be aggregated for a pledge as security for bonds
17 issued pursuant to Section 27-45.
18     (b) The corporate authorities of any municipality or county
19 that establishes a green energy special service area shall levy
20 a tax pursuant to Section 27-75 on property located within the
21 green energy special service area if each owner of record_of
22 the property has entered into a contract or agreement for those
23 improvements. The contract or agreement entered into with the
24 owner of the property shall be conclusive as to the
25 authorization and establishment of the applicable green energy
26 special service area as it relates to that property and to the

 

 

SB2505 - 15 - LRB096 16340 HLH 31604 b

1 amount of special tax to be levied and extended against the
2 property for those improvements. The contract or agreement may
3 specify tax levies pursuant to Section 27-75 related (i) to the
4 applicable energy efficiency or green energy improvements,
5 (ii) as applicable to the principal of and interest on bonds
6 issued for financing such improvements, including bonds issued
7 as a part of a larger pooled or composite issue, or (iii) to
8 both the applicable improvements and the applicable principal
9 of and interest on bonds. The specified tax levies in the
10 contract or agreement, when recorded as provided in subsection
11 (c) below and filed with the county clerk, shall be authority
12 for each affected county to extend and collect such levied
13 taxes for the applicable municipality or county with respect to
14 each the contract or agreement.
15     (c) The contract or agreement in subsection (b) shall be in
16 recordable form and shall be recorded in the office of the
17 recorder in the county where the property is located.
18     (d) This section 27-97 shall be liberally construed to
19 affect the legislative purpose of enabling taxpayers to make
20 energy efficiency improvements or renewable energy
21 improvements to their properties.
 
22     Section 15. The Counties Code is amended by changing
23 Section 5-1005 as follows:
 
24     (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)

 

 

SB2505 - 16 - LRB096 16340 HLH 31604 b

1     Sec. 5-1005. Powers. Each county shall have power:
2         1. To purchase and hold the real and personal estate
3     necessary for the uses of the county, and to purchase and
4     hold, for the benefit of the county, real estate sold by
5     virtue of judicial proceedings in which the county is
6     plaintiff.
7         2. To sell and convey or lease any real or personal
8     estate owned by the county.
9         3. To make all contracts and do all other acts in
10     relation to the property and concerns of the county
11     necessary to the exercise of its corporate powers.
12         4. To take all necessary measures and institute
13     proceedings to enforce all laws for the prevention of
14     cruelty to animals.
15         5. To purchase and hold or lease real estate upon which
16     may be erected and maintained buildings to be utilized for
17     purposes of agricultural experiments and to purchase, hold
18     and use personal property for the care and maintenance of
19     such real estate in connection with such experimental
20     purposes.
21         6. To cause to be erected, or otherwise provided,
22     suitable buildings for, and maintain a county hospital and
23     necessary branch hospitals and/or a county sheltered care
24     home or county nursing home for the care of such sick,
25     chronically ill or infirm persons as may by law be proper
26     charges upon the county, or upon other governmental units,

 

 

SB2505 - 17 - LRB096 16340 HLH 31604 b

1     and to provide for the management of the same. The county
2     board may establish rates to be paid by persons seeking
3     care and treatment in such hospital or home in accordance
4     with their financial ability to meet such charges, either
5     personally or through a hospital plan or hospital
6     insurance, and the rates to be paid by governmental units,
7     including the State, for the care of sick, chronically ill
8     or infirm persons admitted therein upon the request of such
9     governmental units. Any hospital maintained by a county
10     under this Section is authorized to provide any service and
11     enter into any contract or other arrangement not prohibited
12     for a hospital that is licensed under the Hospital
13     Licensing Act, incorporated under the General
14     Not-For-Profit Corporation Act, and exempt from taxation
15     under paragraph (3) of subsection (c) of Section 501 of the
16     Internal Revenue Code.
17         7. To contribute such sums of money toward erecting,
18     building, maintaining, and supporting any non-sectarian
19     public hospital located within its limits as the county
20     board of the county shall deem proper.
21         8. To purchase and hold real estate for the
22     preservation of forests, prairies and other natural areas
23     and to maintain and regulate the use thereof.
24         9. To purchase and hold real estate for the purpose of
25     preserving historical spots in the county, to restore,
26     maintain and regulate the use thereof and to donate any

 

 

SB2505 - 18 - LRB096 16340 HLH 31604 b

1     historical spot to the State.
2         10. To appropriate funds from the county treasury to be
3     used in any manner to be determined by the board for the
4     suppression, eradication and control of tuberculosis among
5     domestic cattle in such county.
6         11. To take all necessary measures to prevent forest
7     fires and encourage the maintenance and planting of trees
8     and the preservation of forests.
9         12. To authorize the closing on Saturday mornings of
10     all offices of all county officers at the county seat of
11     each county, and to otherwise regulate and fix the days and
12     the hours of opening and closing of such offices, except
13     when the days and the hours of opening and closing of the
14     office of any county officer are otherwise fixed by law;
15     but the power herein conferred shall not apply to the
16     office of State's Attorney and the offices of judges and
17     clerks of courts and, in counties of 500,000 or more
18     population, the offices of county clerk.
19         13. To provide for the conservation, preservation and
20     propagation of insectivorous birds through the expenditure
21     of funds provided for such purpose.
22         14. To appropriate funds from the county treasury and
23     expend the same for care and treatment of tuberculosis
24     residents.
25         15. In counties having less than 1,000,000
26     inhabitants, to take all necessary or proper steps for the

 

 

SB2505 - 19 - LRB096 16340 HLH 31604 b

1     extermination of mosquitoes, flies or other insects within
2     the county.
3         16. To install an adequate system of accounts and
4     financial records in the offices and divisions of the
5     county, suitable to the needs of the office and in
6     accordance with generally accepted principles of
7     accounting for governmental bodies, which system may
8     include such reports as the county board may determine.
9         17. To purchase and hold real estate for the
10     construction and maintenance of motor vehicle parking
11     facilities for persons using county buildings, but the
12     purchase and use of such real estate shall not be for
13     revenue producing purposes.
14         18. To acquire and hold title to real property located
15     within the county, or partly within and partly outside the
16     county by dedication, purchase, gift, legacy or lease, for
17     park and recreational purposes and to charge reasonable
18     fees for the use of or admission to any such park or
19     recreational area and to provide police protection for such
20     park or recreational area. Personnel employed to provide
21     such police protection shall be conservators of the peace
22     within such park or recreational area and shall have power
23     to make arrests on view of the offense or upon warrants for
24     violation of any of the ordinances governing such park or
25     recreational area or for any breach of the peace in the
26     same manner as the police in municipalities organized and

 

 

SB2505 - 20 - LRB096 16340 HLH 31604 b

1     existing under the general laws of the State. All such real
2     property outside the county shall be contiguous to the
3     county and within the boundaries of the State of Illinois.
4         19. To appropriate funds from the county treasury to be
5     used to provide supportive social services designed to
6     prevent the unnecessary institutionalization of elderly
7     residents, or, for operation of, and equipment for, senior
8     citizen centers providing social services to elderly
9     residents.
10         20. To appropriate funds from the county treasury and
11     loan such funds to a county water commission created under
12     the "Water Commission Act", approved June 30, 1984, as now
13     or hereafter amended, in such amounts and upon such terms
14     as the county may determine or the county and the
15     commission may agree. The county shall not under any
16     circumstances be obligated to make such loans. The county
17     shall not be required to charge interest on any such loans.
18         21. To appropriate and expend funds from the county
19     treasury for economic development purposes, including the
20     making of grants to any other governmental entity or
21     commercial enterprise deemed necessary or desirable for
22     the promotion of economic development in the county.
23         22. To lease space on a telecommunications tower to a
24     public or private entity.
25         23. In counties having a population of 100,000 or less
26     and a public building commission organized by the county

 

 

SB2505 - 21 - LRB096 16340 HLH 31604 b

1     seat of the county, to cause to be erected or otherwise
2     provided, and to maintain or cause to be maintained,
3     suitable facilities to house students pursuing a
4     post-secondary education at an academic institution
5     located within the county. The county may provide for the
6     management of the facilities.
7         24. To engage in and undertake activities related to
8     and in connection with governmental and private energy
9     efficiency improvements and renewable energy improvements,
10     as defined in the Special Service Area Tax Law of the
11     Property Tax Code, including, but not limited to, special
12     service areas related to green energy special service area
13     financing for energy efficiency improvements and renewable
14     energy improvements, whether on public or private
15     property, under the Special Service Area Tax Law. This item
16     24 shall be liberally construed to effect the legislative
17     purpose of enabling taxpayers to make energy efficiency
18     improvements or renewable energy improvements to their
19     properties.
20     All contracts for the purchase of coal under this Section
21 shall be subject to the provisions of "An Act concerning the
22 use of Illinois mined coal in certain plants and institutions",
23 filed July 13, 1937, as amended.
24 (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
25 96-622, eff. 8-24-09.)
 

 

 

SB2505 - 22 - LRB096 16340 HLH 31604 b

1     Section 20. The Illinois Municipal Code is amended by
2 adding Division 15.4 to Article 11 as follows:
 
3     (65 ILCS 5/Art. 11 Div. 15.4 heading new)
4
DIVISION 15.4. GREEN ENERGY

 
5     (65 ILCS 5/11-15.4-1 new)
6     Sec. 11-15.4-1. Green Energy Special Service Areas. Each
7 municipality shall have the power and authority to engage in
8 and undertake activities related to and in connection with
9 governmental and private energy efficiency improvements and
10 renewable energy improvements, as defined in the Special
11 Service Area Tax Law of the Property Tax Code, including, but
12 not limited to, special service area financing related to green
13 energy special service areas for energy efficiency
14 improvements and renewable energy improvements, whether on
15 public or private property, under the Special Service Area Tax
16 Law. This Section shall be liberally construed to effect the
17 legislative purpose of enabling taxpayers to make energy
18 efficiency improvements or renewable energy improvements to
19 their properties.

 

 

SB2505 - 23 - LRB096 16340 HLH 31604 b

1 INDEX
2 Statutes amended in order of appearance
3     20 ILCS 3501/820-10
4     20 ILCS 3501/820-20
5     20 ILCS 3501/820-25
6     20 ILCS 3501/820-37 new
7     35 ILCS 200/27-5
8     35 ILCS 200/27-97 new
9     55 ILCS 5/5-1005 from Ch. 34, par. 5-1005
10     65 ILCS 5/Art. 11 Div.
11     15.4 heading new
12     65 ILCS 5/11-15.4-1 new