Illinois General Assembly - Full Text of SB1316
Illinois General Assembly

Previous General Assemblies

Full Text of SB1316  97th General Assembly


Sen. Michael W. Frerichs

Filed: 4/7/2011





09700SB1316sam001LRB097 08087 KMW 53701 a


2    AMENDMENT NO. ______. Amend Senate Bill 1316 by replacing
3everything after the enacting clause with the following:
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. An area
12within the boundaries of a single county, provided that the
13county includes a municipal electric utility that owns electric
14generation, may incorporate a renewable energy production
15district within the home county.



09700SB1316sam001- 2 -LRB097 08087 KMW 53701 a

1    Fifty or more of the legal voters resident within the
2limits of the proposed district or a majority if there are
3fewer than 100 legal voters, may petition the circuit court for
4the county in which the proposed district is located to cause
5the question to be submitted to the legal voters of the
6proposed district whether the proposed territory shall be
7organized as a renewable energy production district under this
8Act. The petition shall be addressed to the court and shall
9contain a definite description of the boundaries of the
10territory to be embraced in the proposed district and the name
11of the proposed district. The territory incorporated in any
12district formed under this Act shall be contiguous and may
13contain any territory not previously included in any renewable
14energy production district.
15    Upon filing a petition, in the office of the circuit clerk
16of the county in which the petition is made, the court shall
17consider the boundaries of the renewable energy production
18district whether the same shall be those stated in the petition
19or otherwise.
20    Notice shall be given by the court of the time and place of
21a hearing upon the subject of the petition. The notice shall be
22inserted in one or more daily or weekly papers published within
23the proposed renewable energy production district or, if no
24daily or weekly newspaper is published within the proposed
25renewable energy production district, then by posting at least
2610 copies in the proposed district at least 20 days before the



09700SB1316sam001- 3 -LRB097 08087 KMW 53701 a

1meeting in conspicuous places as far separated from each other
2as consistently possible.
3    At the hearing, all persons in the proposed renewable
4energy production district shall have an opportunity to be
5heard touching the location and boundary of the proposed
6district and make suggestions regarding the same, and the
7court, after hearing statements, evidence, and suggestions,
8shall fix and determine the limits and boundaries of the
9proposed district, and for that purpose and to that extent, may
10alter and amend the petition. After the determination by the
11court the limits and boundaries shall be incorporated in an
12order, and the order shall be filed in the records of the
13court. Upon the entering of the order, the court shall certify
14the order and the proposition to the proper election officials,
15who shall submit the proposition to the voters at an election
16in accordance with the general election law. In addition to the
17requirements of the general election law, notice of the
18referendum shall include a description of the proposed district
19and the name of the proposed district.
20    The proposition shall be in substantially the following
22        Shall a renewable energy production district be
23    incorporated?
24    Votes shall be recorded as "YES" or "NO".
25    The court shall cause a statement of the results of the
26election to be filed in the records of the court. If a majority



09700SB1316sam001- 4 -LRB097 08087 KMW 53701 a

1of the votes cast upon the question are in favor of the
2incorporation of the proposed renewable energy production
3district, the district shall thenceforth be an organized
4renewable energy production district under this Act, and the
5court shall enter an order accordingly and cause the same to be
6filed in the records of the court and shall also cause to be
7sent to the county clerk a certified copy of the order
8organizing the district.
9    Section 15. Board of trustees. A renewable energy
10production district shall be governed by a board of trustees.
11The board of trustees shall consist of 5 members. Within 90
12days after the order is entered organizing the district, the
13county board in which the renewable energy production district
14is located shall appoint the members of the board. The members
15of the board shall serve for a period of 5 years. Vacancies
16shall be filled in the same manner as appointments. The members
17of the board shall annually elect one member to serve as the
18chairperson. Members of the board shall serve without
19compensation but may receive the reasonable cost of their
20travel expenses.
21    Section 20. Powers. The board shall exercise all of the
22powers and control all the affairs of a renewable energy
23production district.
24    (a) The board may:



09700SB1316sam001- 5 -LRB097 08087 KMW 53701 a

1        (1) construct, operate, and maintain a renewable
2    energy facility;
3        (2) contract with private or public entities to
4    construct, operate, or maintain a renewable energy
5    facility for or on behalf of the district;
6        (3) solicit and accept moneys from any legal source;
7    and
8        (4) sell the renewable energy produced by a renewable
9    energy facility owned, operated, or maintained by the
10    renewable energy production district.
11    (b) The board must remit all money collected from a
12renewable energy facility owned, operated, or maintained by the
13renewable energy production district to the county in which the
14district is located.
15    (c) The provisions of this Act apply only to renewable
16energy facilities owned, operated, or maintained by or on
17behalf of a renewable energy production district. Nothing in
18this Act shall be construed as:
19        (1) providing a renewable energy production district
20    with control over or authority to regulate or tax a
21    privately owned entity or privately owned renewable energy
22    generation facility;
23        (2) requiring any privately owned entity or privately
24    owned renewable energy facility to obtain any permission or
25    approval from the renewable energy production district
26    before purchasing, leasing, or otherwise acquiring rights



09700SB1316sam001- 6 -LRB097 08087 KMW 53701 a

1    to use land or property to build, construct, operate, or
2    maintain a renewable energy facility within the
3    geographical territory of the renewable energy production
4    district; or
5        (3) requiring any privately owned entity or privately
6    owned renewable energy facility to (i) sell the energy it
7    produces to the renewable energy production district, (ii)
8    pay a fee or tax to generate, sell, or transmit energy, or
9    (iii) provide any of the revenues to the renewable energy
10    production district or the county in which the district is
11    located.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".