Bill Text: IL HB1487 | 2011-2012 | 97th General Assembly | Amended
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-Amended.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-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1487
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2 | AMENDMENT NO. ______. Amend House Bill 1487 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | limits of the proposed district or a majority if there are | ||||||
2 | fewer than 100 legal voters, may petition the circuit court for | ||||||
3 | the county in which the proposed district is located to cause | ||||||
4 | the question to be submitted to the legal voters of the | ||||||
5 | proposed district whether the proposed territory shall be | ||||||
6 | organized as a renewable energy production district under this | ||||||
7 | Act. The petition shall be addressed to the court and shall | ||||||
8 | contain a definite description of the boundaries of the | ||||||
9 | territory to be embraced in the proposed district and the name | ||||||
10 | of the proposed district. The territory incorporated in a | ||||||
11 | district formed under this Act shall be contiguous and may | ||||||
12 | contain any territory not previously included in any renewable | ||||||
13 | energy production district. | ||||||
14 | Upon filing a petition, in the office of the circuit clerk | ||||||
15 | of the county in which the petition is made, the court shall | ||||||
16 | consider the boundaries of the renewable energy production | ||||||
17 | district whether the same shall be those stated in the petition | ||||||
18 | or otherwise. | ||||||
19 | Notice shall be given by the court of the time and place of | ||||||
20 | a hearing upon the subject of the petition. The notice shall be | ||||||
21 | published in one or more newspapers of general circulation | ||||||
22 | within the proposed renewable energy production district or, if | ||||||
23 | there is no newspaper of general circulation within the | ||||||
24 | proposed renewable energy production district, then by posting | ||||||
25 | at least 10 copies in the proposed district at least 20 days | ||||||
26 | before the meeting in conspicuous places as far separated from |
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1 | each other as consistently possible. | ||||||
2 | At the hearing, all persons in the proposed renewable | ||||||
3 | energy production district shall have an opportunity to be | ||||||
4 | heard concerning the location and boundary of the proposed | ||||||
5 | district and make suggestions regarding the same, and the | ||||||
6 | court, after hearing statements, evidence, and suggestions, | ||||||
7 | shall fix and determine the limits and boundaries of the | ||||||
8 | proposed district, and for that purpose and to that extent, may | ||||||
9 | alter and amend the petition. After the determination by the | ||||||
10 | court the limits and boundaries shall be incorporated in an | ||||||
11 | order, and the order shall be filed in the records of the | ||||||
12 | court. Upon the entering of the order, the court shall certify | ||||||
13 | the order and the proposition to the proper election officials, | ||||||
14 | who shall submit the proposition to the voters at an election | ||||||
15 | in accordance with the general election law. In addition to the | ||||||
16 | requirements of the general election law, notice of the | ||||||
17 | referendum shall include a description of the proposed district | ||||||
18 | and the name of the proposed district. | ||||||
19 | The proposition shall be in substantially the following | ||||||
20 | form: | ||||||
21 | Shall a renewable energy production district be | ||||||
22 | incorporated? | ||||||
23 | Votes shall be recorded as "YES" or "NO". | ||||||
24 | The court shall cause a statement of the results of the | ||||||
25 | election to be filed in the records of the court. If a majority | ||||||
26 | of the votes cast upon the question are in favor of the |
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1 | incorporation of the proposed renewable energy production | ||||||
2 | district, then the district shall thereafter be an organized | ||||||
3 | renewable energy production district under this Act, and the | ||||||
4 | court shall enter an order accordingly and cause the same to be | ||||||
5 | filed in the records of the court and shall also send to the | ||||||
6 | county clerk a certified copy of the order organizing the | ||||||
7 | district.
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8 | Section 15. Board of trustees. A renewable energy | ||||||
9 | production district shall be governed by a board of trustees. | ||||||
10 | The board of trustees shall consist of 5 members. Within 90 | ||||||
11 | days after the order is entered organizing the district, the | ||||||
12 | county board in which the renewable energy production district | ||||||
13 | is located shall appoint the members of the board. Of the | ||||||
14 | initial members, 3 shall serve for a 3-year term and 2 shall | ||||||
15 | serve for a 5-year term, as determined by lot. Thereafter, the | ||||||
16 | members of the board shall serve for a 5-year term. Vacancies | ||||||
17 | shall be filled in the same manner as appointments. The members | ||||||
18 | of the board shall annually elect one member to serve as the | ||||||
19 | chairperson. Members of the board shall serve without | ||||||
20 | compensation but may receive the reasonable cost of their | ||||||
21 | travel expenses.
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22 | Section 20. Powers. The board shall exercise all of the | ||||||
23 | powers and control all the affairs of a renewable energy | ||||||
24 | production district. |
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1 | (a) The board may: | ||||||
2 | (1) construct, operate, and maintain a renewable | ||||||
3 | energy facility;
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4 | (2) contract with private or public entities to | ||||||
5 | construct, operate, or maintain a renewable energy | ||||||
6 | facility for the district;
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7 | (3) solicit and accept moneys from any legal source; | ||||||
8 | and
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9 | (4) sell the renewable energy produced by a renewable | ||||||
10 | energy facility.
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11 | (b) The board must remit all money collected from a | ||||||
12 | renewable energy facility to the county in which the district | ||||||
13 | is located.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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