Full Text of SB1316 97th General Assembly
SB1316 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1316 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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Renewable Energy Production District Act. | 6 | | Section 5. Definition. "Renewable energy facility" means a | 7 | | generator powered by solar electric energy, wind, dedicated | 8 | | crops grown for electricity generation, anaerobic digestion of | 9 | | livestock or food processing waste, fuel cells or microturbines | 10 | | powered by renewable fuels, or hydroelectric energy. | 11 | | Section 10. Renewable energy production district. Any area | 12 | | within the boundaries of a single county may be incorporated as | 13 | | a renewable energy production district. | 14 | | Fifty or more of the legal voters resident within the | 15 | | limits of the proposed district or a majority if there are | 16 | | fewer than 100 legal voters, may petition the circuit court for | 17 | | the county in which the proposed district is located to cause | 18 | | the question to be submitted to the legal voters of the | 19 | | proposed district whether the proposed territory shall be | 20 | | organized as a renewable energy production district under this | 21 | | Act. The petition shall be addressed to the court and shall | 22 | | contain a definite description of the boundaries of the |
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| 1 | | territory to be embraced in the proposed district and the name | 2 | | of the proposed district. The territory incorporated in any | 3 | | district formed under this Act shall be contiguous and may | 4 | | contain any territory not previously included in any renewable | 5 | | energy production district. | 6 | | Upon filing a petition, in the office of the circuit clerk | 7 | | of the county in which the petition is made, the court shall | 8 | | consider the boundaries of the renewable energy production | 9 | | district whether the same shall be those stated in the petition | 10 | | or otherwise. | 11 | | Notice shall be given by the court of the time and place of | 12 | | a hearing upon the subject of the petition. The notice shall be | 13 | | inserted in one or more daily or weekly papers published within | 14 | | the proposed renewable energy production district or, if no | 15 | | daily or weekly newspaper is published within the proposed | 16 | | renewable energy production district, then by posting at least | 17 | | 10 copies in the proposed district at least 20 days before the | 18 | | meeting in conspicuous places as far separated from each other | 19 | | as consistently possible. | 20 | | At the hearing, all persons in the proposed renewable | 21 | | energy production district shall have an opportunity to be | 22 | | heard touching the location and boundary of the proposed | 23 | | district and make suggestions regarding the same, and the | 24 | | court, after hearing statements, evidence, and suggestions, | 25 | | shall fix and determine the limits and boundaries of the | 26 | | proposed district, and for that purpose and to that extent, may |
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| 1 | | alter and amend the petition. After the determination by the | 2 | | court the limits and boundaries shall be incorporated in an | 3 | | order, and the order shall be filed in the records of the | 4 | | court. Upon the entering of the order, the court shall certify | 5 | | the order and the proposition to the proper election officials, | 6 | | who shall submit the proposition to the voters at an election | 7 | | in accordance with the general election law. In addition to the | 8 | | requirements of the general election law, notice of the | 9 | | referendum shall include a description of the proposed district | 10 | | and the name of the proposed district. | 11 | | The proposition shall be in substantially the following | 12 | | form: | 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 | 17 | | election to be filed in the records of the court. If a majority | 18 | | of the votes cast upon the question are in favor of the | 19 | | incorporation of the proposed renewable energy production | 20 | | district, the district shall thenceforth be an organized | 21 | | renewable energy production district under this Act, and the | 22 | | court shall enter an order accordingly and cause the same to be | 23 | | filed in the records of the court and shall also cause to be | 24 | | sent to the county clerk a certified copy of the order | 25 | | organizing the district. |
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| 1 | | Section 15. Board of trustees. A renewable energy | 2 | | production district shall be governed by a board of trustees. | 3 | | The board of trustees shall consist of 5 members. Within 90 | 4 | | days after the order is entered organizing the district, the | 5 | | county board in which the renewable energy production district | 6 | | is located shall appoint the members of the board. The members | 7 | | of the board shall serve for a period of 5 years. Vacancies | 8 | | shall be filled in the same manner as appointments. The members | 9 | | of the board shall annually elect one member to serve as the | 10 | | chairperson. Members of the board shall serve without | 11 | | compensation but may receive the reasonable cost of their | 12 | | travel expenses. | 13 | | Section 20. Powers. The board shall exercise all of the | 14 | | powers and control all the affairs of a renewable energy | 15 | | production 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.
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| 1 | | (b) The board must remit all money collected from a | 2 | | renewable energy facility to the county in which the district | 3 | | is located.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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