Illinois General Assembly - Full Text of SB1316
Illinois General Assembly

Previous General Assemblies

Full Text of SB1316  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/8/2011, by Sen. Michael W. Frerichs


New Act

    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.

LRB097 08087 KMW 48210 b






SB1316LRB097 08087 KMW 48210 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Renewable Energy Production District Act.
6    Section 5. Definition. "Renewable energy facility" means a
7generator powered by solar electric energy, wind, dedicated
8crops grown for electricity generation, anaerobic digestion of
9livestock or food processing waste, fuel cells or microturbines
10powered by renewable fuels, or hydroelectric energy.
11    Section 10. Renewable energy production district. Any area
12within the boundaries of a single county may be incorporated as
13a renewable energy production district.
14    Fifty or more of the legal voters resident within the
15limits of the proposed district or a majority if there are
16fewer than 100 legal voters, may petition the circuit court for
17the county in which the proposed district is located to cause
18the question to be submitted to the legal voters of the
19proposed district whether the proposed territory shall be
20organized as a renewable energy production district under this
21Act. The petition shall be addressed to the court and shall
22contain a definite description of the boundaries of the



SB1316- 2 -LRB097 08087 KMW 48210 b

1territory to be embraced in the proposed district and the name
2of the proposed district. The territory incorporated in any
3district formed under this Act shall be contiguous and may
4contain any territory not previously included in any renewable
5energy production district.
6    Upon filing a petition, in the office of the circuit clerk
7of the county in which the petition is made, the court shall
8consider the boundaries of the renewable energy production
9district whether the same shall be those stated in the petition
10or otherwise.
11    Notice shall be given by the court of the time and place of
12a hearing upon the subject of the petition. The notice shall be
13inserted in one or more daily or weekly papers published within
14the proposed renewable energy production district or, if no
15daily or weekly newspaper is published within the proposed
16renewable energy production district, then by posting at least
1710 copies in the proposed district at least 20 days before the
18meeting in conspicuous places as far separated from each other
19as consistently possible.
20    At the hearing, all persons in the proposed renewable
21energy production district shall have an opportunity to be
22heard touching the location and boundary of the proposed
23district and make suggestions regarding the same, and the
24court, after hearing statements, evidence, and suggestions,
25shall fix and determine the limits and boundaries of the
26proposed district, and for that purpose and to that extent, may



SB1316- 3 -LRB097 08087 KMW 48210 b

1alter and amend the petition. After the determination by the
2court the limits and boundaries shall be incorporated in an
3order, and the order shall be filed in the records of the
4court. Upon the entering of the order, the court shall certify
5the order and the proposition to the proper election officials,
6who shall submit the proposition to the voters at an election
7in accordance with the general election law. In addition to the
8requirements of the general election law, notice of the
9referendum shall include a description of the proposed district
10and the name of the proposed district.
11    The proposition shall be in substantially the following
13        Shall a renewable energy production district be
14    incorporated?
15    Votes shall be recorded as "YES" or "NO".
16    The court shall cause a statement of the results of the
17election to be filed in the records of the court. If a majority
18of the votes cast upon the question are in favor of the
19incorporation of the proposed renewable energy production
20district, the district shall thenceforth be an organized
21renewable energy production district under this Act, and the
22court shall enter an order accordingly and cause the same to be
23filed in the records of the court and shall also cause to be
24sent to the county clerk a certified copy of the order
25organizing the district.



SB1316- 4 -LRB097 08087 KMW 48210 b

1    Section 15. Board of trustees. A renewable energy
2production district shall be governed by a board of trustees.
3The board of trustees shall consist of 5 members. Within 90
4days after the order is entered organizing the district, the
5county board in which the renewable energy production district
6is located shall appoint the members of the board. The members
7of the board shall serve for a period of 5 years. Vacancies
8shall be filled in the same manner as appointments. The members
9of the board shall annually elect one member to serve as the
10chairperson. Members of the board shall serve without
11compensation but may receive the reasonable cost of their
12travel expenses.
13    Section 20. Powers. The board shall exercise all of the
14powers and control all the affairs of a renewable energy
15production district.
16    (a) The board may:
17        (1) construct, operate, and maintain a renewable
18    energy facility;
19        (2) contract with private or public entities to
20    construct, operate, or maintain a renewable energy
21    facility for the district;
22        (3) solicit and accept moneys from any legal source;
23    and
24        (4) sell the renewable energy produced by a renewable
25    energy facility.



SB1316- 5 -LRB097 08087 KMW 48210 b

1    (b) The board must remit all money collected from a
2renewable energy facility to the county in which the district
3is located.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.