Bill Text: IL HB1487 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-08 - Public Act . . . . . . . . . 97-0265 [HB1487 Detail]
Download: Illinois-2011-HB1487-Engrossed.html
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-08 - Public Act . . . . . . . . . 97-0265 [HB1487 Detail]
Download: Illinois-2011-HB1487-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Renewable Energy Production District Act.
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6 | Section 5. Definition. "Renewable energy facility" means a | ||||||
7 | generator attached to a building or parcel of land that is | ||||||
8 | powered by solar electric energy or wind, dedicated crops grown | ||||||
9 | for electricity generation, anaerobic digestion of livestock | ||||||
10 | or food processing waste, fuel cells or microturbines powered | ||||||
11 | by renewable fuels, or hydroelectric energy.
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12 | Section 10. Renewable energy production district. Any area | ||||||
13 | within the boundaries of a single county may be incorporated as | ||||||
14 | a renewable energy production district. | ||||||
15 | Fifty or more of the legal voters resident within the | ||||||
16 | limits of the proposed district or a majority if there are | ||||||
17 | fewer than 100 legal voters, may petition the circuit court for | ||||||
18 | the county in which the proposed district is located to cause | ||||||
19 | the question to be submitted to the legal voters of the | ||||||
20 | proposed district whether the proposed territory shall be | ||||||
21 | organized as a renewable energy production district under this | ||||||
22 | Act. The petition shall be addressed to the court and shall |
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1 | contain a definite description of the boundaries of the | ||||||
2 | territory to be embraced in the proposed district and the name | ||||||
3 | of the proposed district. The territory incorporated in a | ||||||
4 | district formed under this Act shall be contiguous and may | ||||||
5 | contain any territory not previously included in any renewable | ||||||
6 | energy production district. | ||||||
7 | Upon filing a petition, in the office of the circuit clerk | ||||||
8 | of the county in which the petition is made, the court shall | ||||||
9 | consider the boundaries of the renewable energy production | ||||||
10 | district whether the same shall be those stated in the petition | ||||||
11 | or otherwise. | ||||||
12 | Notice shall be given by the court of the time and place of | ||||||
13 | a hearing upon the subject of the petition. The notice shall be | ||||||
14 | published in one or more newspapers of general circulation | ||||||
15 | within the proposed renewable energy production district or, if | ||||||
16 | there is no newspaper of general circulation within the | ||||||
17 | proposed renewable energy production district, then by posting | ||||||
18 | at least 10 copies in the proposed district at least 20 days | ||||||
19 | before the meeting in conspicuous places as far separated from | ||||||
20 | each other as consistently possible. | ||||||
21 | At the hearing, all persons in the proposed renewable | ||||||
22 | energy production district shall have an opportunity to be | ||||||
23 | heard concerning the location and boundary of the proposed | ||||||
24 | district and make suggestions regarding the same, and the | ||||||
25 | court, after hearing statements, evidence, and suggestions, | ||||||
26 | shall fix and determine the limits and boundaries of the |
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1 | proposed district, and for that purpose and to that extent, may | ||||||
2 | alter and amend the petition. After the determination by the | ||||||
3 | court the limits and boundaries shall be incorporated in an | ||||||
4 | order, and the order shall be filed in the records of the | ||||||
5 | court. Upon the entering of the order, the court shall certify | ||||||
6 | the order and the proposition to the proper election officials, | ||||||
7 | who shall submit the proposition to the voters at an election | ||||||
8 | in accordance with the general election law. In addition to the | ||||||
9 | requirements of the general election law, notice of the | ||||||
10 | referendum shall include a description of the proposed district | ||||||
11 | and the name of the proposed district. | ||||||
12 | The proposition shall be in substantially the following | ||||||
13 | form: | ||||||
14 | Shall a renewable energy production district be | ||||||
15 | incorporated? | ||||||
16 | Votes shall be recorded as "YES" or "NO". | ||||||
17 | The court shall cause a statement of the results of the | ||||||
18 | election to be filed in the records of the court. If a majority | ||||||
19 | of the votes cast upon the question are in favor of the | ||||||
20 | incorporation of the proposed renewable energy production | ||||||
21 | district, then the district shall thereafter be an organized | ||||||
22 | renewable energy production district under this Act, and the | ||||||
23 | court shall enter an order accordingly and cause the same to be | ||||||
24 | filed in the records of the court and shall also send to the | ||||||
25 | county clerk a certified copy of the order organizing the | ||||||
26 | 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. Of the | ||||||
7 | initial members, 3 shall serve for a 3-year term and 2 shall | ||||||
8 | serve for a 5-year term, as determined by lot. Thereafter, the | ||||||
9 | members of the board shall serve for a 5-year term. Vacancies | ||||||
10 | shall be filled in the same manner as appointments. The members | ||||||
11 | of the board shall annually elect one member to serve as the | ||||||
12 | chairperson. Members of the board shall serve without | ||||||
13 | compensation but may receive the reasonable cost of their | ||||||
14 | travel expenses.
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15 | Section 20. Powers. The board shall exercise all of the | ||||||
16 | powers and control all the affairs of a renewable energy | ||||||
17 | production district. | ||||||
18 | (a) The board may: | ||||||
19 | (1) construct, operate, and maintain a renewable | ||||||
20 | energy facility;
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21 | (2) contract with private or public entities to | ||||||
22 | construct, operate, or maintain a renewable energy | ||||||
23 | facility for the district;
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24 | (3) solicit and accept moneys from any legal source; |
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1 | and
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2 | (4) sell the renewable energy produced by a renewable | ||||||
3 | energy facility.
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4 | (b) The board must remit all money collected from a | ||||||
5 | renewable energy facility to the county in which the district | ||||||
6 | is located.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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