Full Text of SB1316 97th General Assembly
SB1316 97TH GENERAL ASSEMBLY
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
Introduced 2/8/2011, by Sen. Michael W. Frerichs
SYNOPSIS AS INTRODUCED:
Creates the Renewable Energy Production District Act. Provides that
any area within the boundaries of a single county may be incorporated as a
renewable energy production district. Sets forth the procedure for
establishing a renewable energy production district. Provides that a board
of trustees shall govern a renewable energy production district. Sets forth
the appointment, terms, and powers of the board members. Authorizes the
board to sell the renewable energy produced by a renewable energy facility.
Contains other provisions. Effective immediately.
|FISCAL NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Renewable Energy Production District Act.
"Renewable energy facility" means a
generator powered by solar electric energy, 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.
Renewable energy production district.
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
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territory to be embraced in the proposed district and the name
of the proposed district. The territory incorporated in any
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
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
inserted in one or more daily or weekly papers published within
the proposed renewable energy production district or, if no
daily or weekly newspaper is published 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 touching 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
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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
Shall a renewable energy production district be
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, the district shall thenceforth 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 cause to be
sent to the county clerk a certified copy of the order
organizing the district.
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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. The members
of the board shall serve for a period of 5 years. 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
The board shall exercise all of the
powers and control all the affairs of a renewable energy
(a) The board may:
(1) construct, operate, and maintain a renewable
(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;
(4) sell the renewable energy produced by a renewable
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(b) The board must remit all money collected from a
renewable energy facility to the county in which the district
This Act takes effect upon