Bill Text: IL HB5643 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Renewable Energy Production District Act. Provides that the definition of "renewable energy facility" includes waste-to-energy concepts. Provides that any or all (now, any) areas within the boundaries of a single county may be incorporated as a single renewable energy production special district (now, renewable energy production district). Sets forth various powers of the board. Sets forth procedures for the dissolution of a district. Further provides that a district and its board and employees shall be afforded the protections afforded by the Local Governmental and Governmental Employees Tort Immunity Act. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5643 Detail]

Download: Illinois-2011-HB5643-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5643 Introduced 2/15/2012, by Rep. Chad Hays SYNOPSIS AS INTRODUCED:
70 ILCS 1950/5
70 ILCS 1950/10
70 ILCS 1950/15
70 ILCS 1950/20
70 ILCS 1950/22 new
70 ILCS 1950/25 new
70 ILCS 1950/30 new
Amends the Renewable Energy Production District Act. Provides that the definition of "renewable energy facility" includes waste-to-energy concepts. Provides that any or all (now, any) areas within the boundaries of a single county may be incorporated as a single renewable energy production special district (now, renewable energy production district). Sets forth various powers of the board. Sets forth procedures for the dissolution of a district. Further provides that a district and its board and employees shall be afforded the protections afforded by the Local Governmental and Governmental Employees Tort Immunity Act. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Renewable Energy Production District Act is
amended by changing Sections 5, 10, 15, and 20 and by adding
Sections 22, 25, and 30 as follows:
(70 ILCS 1950/5)
Sec. 5. Definitions Definition.
"Board" means the board of trustees of a renewable energy
production special district created under this Act.
"District" means a renewable energy production special
district created under this Act.
"Renewable energy facility" means a generator attached to a
building or parcel of land that is powered by solar electric
energy or wind, dedicated crops grown for electricity
generation, anaerobic digestion of livestock or food
processing waste, fuel cells or microturbines powered by
renewable fuels, or hydroelectric energy, or waste-to-energy
concepts.
(Source: P.A. 97-265, eff. 8-8-11.)
(70 ILCS 1950/10)
Sec. 10. Renewable energy production special district.

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(a) Any or all areas area within the boundaries of a single
county may be incorporated as a single renewable energy
production special district. The territory incorporated in a
district formed under this Act shall be contiguous and may
contain any territory not previously included in any renewable
energy production district.
(b) Fifty or more of the legal voters resident within the
limits of the proposed district or a majority if there are
fewer than 100 legal voters, hereinafter referred to as the
"petitioners", may petition the circuit court for the county in
which the proposed district is located to cause the question to
be submitted to the legal voters of the proposed district
whether the proposed territory shall be organized as a
renewable energy production special district under this Act.
The petition shall be addressed to the court and shall set
forth (i) contain a definite description of the boundaries of
the territory to be embraced in the proposed district, (ii) and
the name of the proposed district, and (iii) a request that the
question be submitted to the legal voters of the proposed
district. The territory incorporated in a district formed under
this Act shall be contiguous and may contain any territory not
previously included in any renewable energy production
district.
Upon filing a petition, in the office of the circuit clerk
of the county in which the petition is made, the court shall
consider the boundaries of the renewable energy production

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district whether the same shall be those stated in the petition
or otherwise.
(c) In the event that 2 or more petitions covering in part
the same territory are filed prior to the public hearing upon
the petition first filed, the petitions shall be consolidated
for public hearing, and a hearing thereon may be continued to
permit the giving of sufficient notice upon any petition or
petitions.
(d) The petitioners shall give at least 20 days notice
prior to a hearing Notice shall be given by the court of the
time and place of a hearing upon the subject of the petition.
The notice shall be published in one or more newspapers of
general circulation within the proposed renewable energy
production special district or, if there is no newspaper of
general circulation within the proposed renewable energy
production special district, then by posting at least 10 copies
in 10 of the most public places within the boundaries of the
proposed district at least 20 days before the meeting in
conspicuous places as far separated from each other as
consistently possible.
The filing fee on the petition and the costs of printing
and publication or posting of notices of public hearings shall
be paid by the petitioners.
(e) At the hearing on the petition, all persons in the
proposed renewable energy production special district shall
have an opportunity to present evidence be heard concerning the

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creation, location, and boundary of the proposed district and
make suggestions regarding the same, provided however, that the
court may refuse to allow evidence or testimony deemed
cumulative. After and the court, after hearing statements,
evidence, and suggestions, the court shall fix and determine
the limits and boundaries of the proposed district, and for
that purpose and to that extent, may alter and amend the
petition. In determining the limits and boundaries of the
proposed district the court may consider, among other factors,
the public interest and whether the territory contained within
the proposed district contains only portions of one or more
electoral district or districts. After the determination by the
court the limits and boundaries shall be incorporated in an
order, and the order shall be filed in the records of the
court. Upon the entering of the order, the court shall certify
the order and the proposition to the proper election officials,
who shall submit the proposition to the voters at the next
permissible an election in accordance with the general election
law. In addition to the requirements of the general election
law, notice of the referendum shall include a description of
the boundaries of the territory to be embraced in the proposed
district and the name of the proposed district.
The proposition shall be in substantially the following
form:
Shall a renewable energy production special district
to be known as the (name of the proposed district) be

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incorporated?
The proposed district encompasses (description of
territory in the proposed district).
Votes shall be recorded as "YES" or "NO".
The court shall cause a statement of the results of the
election to be filed in the records of the court. If a majority
of the votes cast upon the question are in favor of the
incorporation of the proposed renewable energy production
special district, then the district shall thereafter be an
organized renewable energy production special district under
this Act, and the court shall enter an order accordingly and
cause the same to be filed in the records of the court and
shall also send to the county clerk a certified copy of the
order organizing the district.
(Source: P.A. 97-265, eff. 8-8-11.)
(70 ILCS 1950/15)
Sec. 15. Board of trustees.
(a) A renewable energy production district shall be
governed by a board of trustees. The board of trustees shall
consist of 5 members. A member of the board of trustees must
reside within the territory embraced within the district.
Within 90 days after the order is entered organizing the
district, the county board in which the renewable energy
production district is located shall appoint the initial
members of the board. Of the initial members, 3 shall serve for

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a 3-year term and 2 shall serve for a 5-year term, as
determined by lot. Thereafter, the members of the board shall
serve for a 5-year term. Vacancies shall be filled in the same
manner as appointments. The members of the board shall annually
elect one member to serve as the chairperson. Members of the
board shall serve without compensation but may receive the
reasonable cost of their travel expenses and may be reimbursed
for actual expenses incurred in the performance of their
official duties as members of the board.
(b) Within 60 days after appointment of the initial board
of trustees, the board shall meet and elect a chairman, who
shall thereafter be elected annually by the board, the
secretary, and the treasurer. At the initial meeting, the board
shall adopt by-laws that shall at a minimum (i) define the
first and subsequent fiscal years of the district, (ii)
determine the dates and times of other regular and special
meetings of the board, and (iii) set forth the procedure for
amending the by-laws.
(c) A majority of the members appointed shall constitute a
quorum in order to do business.
(d) Formal action of the board shall be in the form of an
ordinance, resolution, motion, or other appropriate form,
approved by a majority of the board members in attendance at a
board meeting.
(Source: P.A. 97-265, eff. 8-8-11.)

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(70 ILCS 1950/20)
Sec. 20. Powers of the board of trustees. The board shall
exercise all of the powers and control all the affairs of a
renewable energy production special district.
(a) The board may:
(1) finance, acquire, construct, operate, and
maintain, or dispose of a renewable energy facility;
(2) contract with private or public entities to
finance, acquire, construct, operate, or maintain, or
dispose of a renewable energy facility for the district;
(3) solicit and accept moneys from any legal source;
and
(4) sell the renewable energy produced by a renewable
energy facility; .
(5) acquire, purchase, own, lease, rent, sell, and
convey interests in real and tangible and intangible
personal property;
(6) purchase insurance;
(7) sue and be sued;
(8) hire employees, prescribe their duties and fix
their compensation;
(9) adopt and use a seal;
(10) make and execute contracts, loans, leases,
subleases, installation purchase agreements, notes and
other instruments evidencing financial obligations, and
other instruments necessary or convenient in the exercise

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of its powers;
(11) make, amend, and repeal bylaws, rules, and
regulations not inconsistent with this Act;
(12) sell, lease, sublease, license, transfer, convey,
or otherwise dispose of any of its real or personal
property, or interests therein, in whole or in part, at any
time upon such terms and conditions as it may determine;
(13) invest funds, not required for immediate
disbursement, in property or agreements;
(14) apply for, accept and use grants, loans, or other
financial assistance from any private entity or municipal,
county, State, or Federal governmental agency or other
public entity;
(15) employ or enter into contracts for the employment
of any person, firm, or corporation, and for professional
services, necessary or desirable for the accomplishment of
the corporate objects of the district or the proper
administration, management, protection or control of its
property and assets; and
(16) make and execute all contracts and other
instruments necessary or convenient to the exercise of its
powers.
This Section shall be liberally construed to give effect to
its purposes.
(b) The board must remit all money collected from a
renewable energy facility, exclusive of operations,

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maintenance, capital, debt service, and investment costs, to
the county in which the district is located.
(Source: P.A. 97-265, eff. 8-8-11.)
(70 ILCS 1950/22 new)
Sec. 22. Dissolution of a district.
(a) Action to dissolve a district may be instituted either
by action of a board or petition.
(b) If a district has fully discharged its debts and
obligations, then a board may adopt an ordinance finding and
determining that the foregoing condition has been met and that
the public interest does not require continuation of the
district. A copy of the ordinance shall be published in one or
more newspapers of general circulation within the district or,
if there is no newspaper of general circulation within the
district, then by posting copies in 10 of the most public
places within the boundaries of the proposed district. In
addition to a copy of the ordinance, the publication or posting
shall include a notice of (i) the specific number of voters
required to sign a petition requesting the submission to the
electors of the question of the dissolution of the district,
(ii) the date by which the petition must be filed, and (iii)
the official with whom or office at which the petition must be
filed. Unless a petition is filed with the secretary of the
board within 30 days after publication or posting containing
the signatures of voters equal in number to 10% or more of the

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total number of registered voters in the territory of the
district requesting that the question of the dissolution of the
Authority be submitted to an election, the district shall be
deemed to be dissolved at the expiration of the 30-day period.
If such a petition is filed, then the question of the
dissolution of the district shall be certified by the board to
the proper election authority, which shall submit the question
to the electors of the district at the next permissible
election in accordance with the general election law.
The question shall be in substantially the following form:
Shall the (name of the district) be dissolved?
Votes shall be recorded as "YES" or "NO".
The result of the election shall be entered upon the
corporate records of the district. If a majority of the ballots
cast on the question are marked "yes", then the district shall
be dissolved. But if a majority of the ballots on the question
are marked "no", the board shall proceed with the affairs of
the district as though the dissolution ordinance had never been
adopted, and the question shall not again be submitted to the
voters for a period of 2 years. When the business and affairs
of any district have been concluded after dissolution, that
fact shall be certified by the chair of its board to the county
clerk of the county where the district was located.
(c) 10% or more of the total number of registered voters
resident within the territory of the district, hereinafter
referred to as the "petitioners", may petition the circuit

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court for the county where the proposed district is located to
cause the question to be submitted to the legal voters of the
proposed district whether the district shall be dissolved. The
petition shall be addressed to the court and shall set forth
(i) the name of the district, (ii) an allegation that the
district has fully discharged its debts and obligations, and
(iii) a request that the question be submitted to the electors
residing within the limits of the district whether the district
shall be dissolved.
The petitioners shall give at least 20 calendar days notice
of the time and place of a hearing upon the subject of the
petition. The notice shall be published in one or more
newspapers of general circulation within the district or, if
there is no newspaper of general circulation within the
district, then by posting the notice at least 20 calendar days
prior to the hearing in 10 of the most public places within the
boundaries of the proposed district. All costs relating to the
filing of the petition and the costs of printing and
publication or posting of notices of public hearing thereon
shall be paid by the petitioners.
At the hearing on the petition all persons in the district
shall have an opportunity to present evidence and be heard
concerning the dissolution of the district, provided, however,
that the court may refuse to allow evidence or testimony deemed
cumulative.
After hearing statements, evidence, and suggestions, the

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court shall determine whether the district has fully discharged
its debts and obligations and, if so, the court shall enter an
order that the proposition whether the district shall be
dissolved be submitted to the electors residing within the
limits of the district. Upon the entering of such an order the
court shall certify the order and the proposition to the proper
election officials, who shall submit the proposition to the
voters at the next permissible election in accordance with the
general election law.
The question shall be in substantially the following form:
Shall the (name of the district) be dissolved?
Votes shall be recorded as "YES" or "NO".
The result of the election shall be entered upon the
corporate records of the district. If a majority of the ballots
cast on the question are marked "yes", then the district shall
be dissolved. But if a majority of the ballots on the question
are marked "no", the board shall proceed with the affairs of
the district as though dissolution had never been considered,
and the question shall not again be submitted to the voters for
a period of 2 years. When the business and affairs of any
district have been concluded after dissolution, that fact shall
be certified by the chair of its board to the county clerk of
the county where the district was located.
(70 ILCS 1950/25 new)
Sec. 25. Liability. A renewable energy production district

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and its board and employees shall be afforded the protections
afforded by the Local Governmental and Governmental Employees
Tort Immunity Act.
(70 ILCS 1950/30 new)
Sec. 30. Records of a district. The board shall adopt rules
and regulations for the retention and proper safe keeping and
maintenance of its permanent records and for the recording of
the corporate actions of the district. The district shall be
subject to the provisions of the Local Records Act.
Section 99. Effective date. This Act takes effect upon
becoming law.