96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2482

 

Introduced 10/15/2009, by Sen. Michael W. Frerichs

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3501/820-10
20 ILCS 3501/820-20
20 ILCS 3501/820-25
20 ILCS 3501/820-37 new
35 ILCS 200/27-5
35 ILCS 200/27-97 new
55 ILCS 5/5-1005   from Ch. 34, par. 5-1005
65 ILCS 5/Art. 11 Div. 15.4 heading new
65 ILCS 5/11-15.4-1 new

    Amends the Illinois Finance Authority Act. Provides that the Illinois Finance Authority has the power to purchase special service area bonds and to accept assignments or pledges, or both, of special service area bonds or agreements relating to public and private green energy special service area projects, which authority shall be liberally construed. Allows any unit of local government with the authority in connection with green energy special service area projects to provide special service area financing under specified provisions, including bonds. Specifies that bonds issued pursuant to the financing be secured by special service area agreements. Amends the Special Service Area Tax Law in the Property Tax Code. Provides that the corporate authorities of a county or a municipality may establish a green energy special service area and specifies the criteria for the creation of the areas. Amends the Counties Code and the Municipal Code to specify that each county or municipality shall have the power and authority to engage in specified activities that relate to green energy special service areas. Effective immediately.


LRB096 15069 MJR 30072 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2482 LRB096 15069 MJR 30072 b

1     AN ACT concerning renewable energy.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Finance Authority Act is amended by
5 changing Sections 820-10, 820-20, and 820-25 and by adding
6 Section 820-37 as follows:
 
7     (20 ILCS 3501/820-10)
8     Sec. 820-10. Definitions. The following words or terms,
9 whenever used or referred to in this Article, shall have the
10 following meanings ascribed to them, except where the context
11 clearly requires otherwise:
12     (a) "Department" means the Illinois Department of Commerce
13 and Economic Opportunity.
14     (b) "Unit of local government" means any unit of local
15 government, as defined in Article VII, Section 1 of the 1970
16 State Constitution and any local public entity as that term is
17 defined by the Local Governmental and Governmental Employees
18 Tort Immunity Act and also includes the State and any
19 instrumentality, office, officer, department, division,
20 bureau, commission, college or university thereof.
21     (c) "Energy conservation project" means any improvement,
22 repair, alteration or betterment of any building or facility or
23 any equipment, fixture or furnishing including its energy using

 

 

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1 mechanical devices to be added to or used in any building or
2 facility that the Director of the Department has certified to
3 the Authority will be a cost-effective energy-related project
4 that will lower energy or utility costs in connection with the
5 operation or maintenance of such building or facility, and will
6 achieve energy cost savings sufficient to cover bond debt
7 service and other project costs within 10 years from the date
8 of project installation.
9     (d) "Green energy special service area project" means any
10 energy efficiency improvement or renewable energy improvement
11 as such terms are defined in Section 27-5 of the Special
12 Service Area Tax Law.
13 (Source: P.A. 93-205, eff. 1-1-04.)
 
14     (20 ILCS 3501/820-20)
15     Sec. 820-20. Powers and Duties; Illinois Local Government
16 Financing Assistance Program. The Authority has the power:
17     (a) To purchase from time to time pursuant to negotiated
18 sale or to otherwise acquire from time to time any local
19 government securities issued by one or more units of local
20 government upon such terms and conditions as the Authority may
21 prescribe;
22     (b) To issue bonds in one or more series pursuant to one or
23 more resolutions of the Authority for any purpose authorized
24 under this Article, including without limitation purchasing or
25 acquiring local government securities, providing for the

 

 

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1 payment of any interest deemed necessary on such bonds, paying
2 for the cost of issuance of such bonds, providing for the
3 payment of the cost of any guarantees, letters of credit,
4 insurance contracts or other similar credit support or
5 liquidity instruments, or providing for the funding of any
6 reserves deemed necessary in connection with such bonds and
7 refunding or advance refunding of any such bonds and the
8 interest and any premium thereon, pursuant to this Act;
9     (c) To provide for the funding of any reserves or other
10 funds or accounts deemed necessary by the Authority in
11 connection with any bonds issued by the Authority or local
12 government securities purchased or otherwise acquired by the
13 Authority;
14     (d) To pledge any local government security, including any
15 payments thereon, and any other funds of the Authority or funds
16 made available to the Authority which may be applied to such
17 purpose, as security for any bonds or any guarantees, letters
18 of credit, insurance contracts or similar credit support or
19 liquidity instruments securing the bonds;
20     (e) To enter into agreements or contracts with third
21 parties, whether public or private, including without
22 limitation the United States of America, the State, or any
23 department or agency thereof to obtain any appropriations,
24 grants, loans or guarantees which are deemed necessary or
25 desirable by the Authority. Any such guarantee, agreement or
26 contract may contain terms and provisions necessary or

 

 

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1 desirable in connection with the program, subject to the
2 requirements established by this Article;
3     (f) To charge reasonable fees to defray the cost of
4 obtaining letters of credit, insurance contracts or other
5 similar documents, and to charge such other reasonable fees to
6 defray the cost of trustees, depositories, paying agents, bond
7 registrars, escrow agents and other administrative expenses.
8 Any such fees shall be payable by units of local government
9 whose local government securities are purchased or otherwise
10 acquired by the Authority pursuant to this Article, in such
11 amounts and at such times as the Authority shall determine, and
12 the amount of the fees need not be uniform among the various
13 units of local government whose local government securities are
14 purchased or otherwise acquired by the Authority pursuant to
15 this Article;
16     (g) To obtain and maintain guarantees, letters of credit,
17 insurance contracts or similar credit support or liquidity
18 instruments which are deemed necessary or desirable in
19 connection with any bonds or other obligations of the Authority
20 or any local government securities;
21     (h) To establish application fees and other service fees
22 and prescribe application, notification, contract, agreement,
23 security and insurance forms and rules and regulations it deems
24 necessary or appropriate;
25     (i) To provide technical assistance, at the request of any
26 unit of local government, with respect to the financing or

 

 

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1 refinancing for any public purpose. In fulfillment of this
2 purpose, the Authority may request assistance from the
3 Department as necessary; any unit of local government that is
4 experiencing either a financial emergency as defined in the
5 Local Government Financial Planning and Supervision Act or a
6 condition of fiscal crisis evidenced by an impaired ability to
7 obtain financing for its public purpose projects from
8 traditional financial channels or impaired ability to fully
9 fund its obligations to fire, police and municipal employee
10 pension funds, or to bond payments or reserves, may request
11 technical assistance from the Authority in the form of a
12 diagnostic evaluation of its financial condition;
13     (j) To purchase any obligations of the Authority issued
14 pursuant to this Article;
15     (k) To sell, transfer or otherwise dispose of local
16 government securities purchased or otherwise acquired by the
17 Authority pursuant to this Article, including without
18 limitation, the sale, transfer or other disposition of
19 undivided fractionalized interests in the right to receive
20 payments of principal and premium, if any, or the right to
21 receive payments of interest or the right to receive payments
22 of principal of and premium, if any, and interest on pools of
23 such local government securities;
24     (l) To acquire, purchase, lease, sell, transfer and
25 otherwise dispose of real and personal property, or any
26 interest therein, and to issue its bonds and enter into leases,

 

 

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1 contracts and other agreements with units of local government
2 in connection with such acquisitions, purchases, leases, sales
3 and other dispositions of such real and personal property;
4     (m) To make loans to banks, savings and loans and other
5 financial institutions for the purpose of purchasing or
6 otherwise acquiring local government securities, and to issue
7 its bonds, and enter into agreements and contracts in
8 connection with such loans;
9     (n) To enter into agreements or contracts with any person
10 necessary or appropriate to place the payment obligations of
11 the Authority under any of its bonds in whole or in part on any
12 interest rate basis, cash flow basis, or other basis desired by
13 the Authority, including without limitation agreements or
14 contracts commonly known as "interest rate swap agreements",
15 "forward payment conversion agreements", and "futures", or
16 agreements or contracts to exchange cash flows or a series of
17 payments, or agreements or contracts, including without
18 limitation agreements or contracts commonly known as
19 "options", "puts" or "calls", to hedge payment, rate spread, or
20 similar exposure; provided, that any such agreement or contract
21 shall not constitute an obligation for borrowed money, and
22 shall not be taken into account under Section 845-5 of this Act
23 or any other debt limit of the Authority or the State of
24 Illinois;
25     (o) To make and enter into all other agreements and
26 contracts and execute all instruments necessary or incidental

 

 

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1 to performance of its duties and the execution of its powers
2 under this Article;
3     (p) To contract for and finance the costs of energy audits,
4 project-specific engineering and design specifications, and
5 any other related analyses preliminary to an energy
6 conservation project; and, to contract for and finance the cost
7 of project monitoring and data collection to verify
8 post-installation energy consumption and energy-related
9 operating costs. Any such contract shall be executed only after
10 it has been jointly negotiated by the Authority and the
11 Department; and
12     (p-5) To purchase special service area bonds and to accept
13 assignments or pledges, or both, of special service area bonds
14 or agreements relating to public and private green energy
15 special service area projects, which authority shall be
16 liberally construed; and
17     (q) To exercise such other powers as are necessary or
18 incidental to the foregoing.
19 (Source: P.A. 93-205, eff. 1-1-04.)
 
20     (20 ILCS 3501/820-25)
21     Sec. 820-25. Unit of Local Government Participation. Any
22 unit of local government is authorized to voluntarily
23 participate in this program. Any unit of local government which
24 is authorized to issue, sell and deliver its local government
25 securities under any provision of the Constitution or laws of

 

 

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1 the State may issue, sell and deliver such local government
2 securities to the Authority under this Article; provided that
3 and notwithstanding any other provision of law to the contrary,
4 any such unit of local government may issue and sell any such
5 local government security at any interest rate or rates, which
6 rate or rates may be established by an index or formula which
7 may be implemented by persons appointed or retained therefor,
8 payable at such time or times, and at such price or prices to
9 which the unit of local government and the Authority may agree.
10 Any unit of local government may pay any amount charged by the
11 Authority pursuant to this Article. Any unit of local
12 government participating in this program may pay out of the
13 proceeds of its local government securities or out of any other
14 moneys or funds available to it for such purposes any costs,
15 fees, interest deemed necessary, premium or reserves incurred
16 or required for financing or refinancing this program,
17 including without limitation any fees charged by the Authority
18 pursuant to this Article and its share, as determined by the
19 Authority, of any costs, fees, interest deemed necessary,
20 premium or reserves incurred or required pursuant to Section
21 820-20 of this Act. All local government securities purchased
22 or otherwise acquired by the Authority pursuant to this Act
23 shall upon delivery to the Authority be accompanied by an
24 approving opinion of bond counsel as to the validity of such
25 securities. The Authority shall have discretion to purchase or
26 otherwise acquire those local government securities, as it

 

 

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1 shall deem to be in the best interest of its financing program
2 for all units of local government taken as a whole. Any unit of
3 local government with the authority in connection with green
4 energy special service area projects to provide special service
5 area financing under the Special Service Area Tax Law is
6 authorized to issue special service area bonds and sell or
7 assign the bonds to the Authority or to assign or pledge
8 special service area bonds or agreements, or both, to the
9 Authority.
10 (Source: P.A. 93-205, eff. 1-1-04.)
 
11     (20 ILCS 3501/820-37 new)
12     Sec. 820-37. Unit of local government participation;
13 bonds. The Authority may assist units of local government by
14 establishing and implementing a program to issue its bonds
15 secured by special service area agreements assigned or pledged
16 to the Authority by the local governments so as to provide
17 financing for green energy special service area projects. The
18 bonds shall not constitute an indebtedness or obligation of the
19 State and it shall be plainly stated on the face of each bond
20 that it does not constitute an indebtedness or obligation but
21 is payable solely from the revenues, income, or other assets of
22 the Authority that are pledged.
 
23     Section 10. The Property Tax Code is amended by changing
24 Section 27-5 and by adding Section 27-97 as follows:
 

 

 

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1     (35 ILCS 200/27-5)
2     Sec. 27-5. Short title; definitions. This Article may be
3 cited as the Special Service Area Tax Law.
4     When used in this Article:
5     "Energy efficiency improvement" means any installation,
6 modification, or replacement that is intended to reduce energy
7 consumption in any residential, commercial or industrial
8 building, structure, or other facility, including, but not
9 limited to, all of the following:
10         (1) insulation in walls, roofs, floors, foundations,
11     and heating and cooling distribution systems;
12         (2) storm windows and doors, multiglazed windows and
13     doors, heat-absorbing or heat-reflective glazed and coated
14     window and door systems, additional glazing, reductions in
15     glass area, and other window and door system modifications;
16         (3) automatic energy control systems;
17         (d) high efficiency furnaces, lighting fixtures,
18     ventilating, or air conditioning and distribution systems;
19         (4) caulking and weather-stripping;
20         (5) facilities, improvements or systems to bring
21     natural daylight into buildings; and
22         (6) any other installation, modification, replacement,
23     facility, improvement, rehabilitation, repair or
24     remodeling that has the effect of reducing energy
25     consumption.

 

 

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1     "Green energy special service area" means a special service
2 area created pursuant to Section 27-97 of this Act for the
3 purpose of providing special services that are energy
4 efficiency improvements, renewable energy improvements, or a
5 combination of both. The corporate authorities of the
6 municipality or county may establish (i) multiple green energy
7 special service areas pursuant to a single ordinance or (ii)
8 multiple buildings, structures, facilities, improvements, or
9 lots or parcels of land within a single green energy special
10 service area, which are not required to be contiguous. Revenues
11 from multiple green energy special service areas and revenues
12 from multiple buildings, structures, facilities, improvements
13 or lots or parcels of land within a single green energy special
14 service area may be aggregated for a pledge as security for
15 bonds issued pursuant to Section 27-45 of this Act.
16     "Special Service Area" means a contiguous area within a
17 municipality or county in which, except as provided in this Act
18 concerning green energy special service areas, special
19 governmental services are provided in addition to those
20 services provided generally throughout the municipality or
21 county, the cost of the special services to be paid from
22 revenues collected from taxes levied or imposed upon property
23 within that area. Territory shall be considered contiguous for
24 purposes of this Article even though certain completely
25 surrounded portions of the territory are excluded from the
26 special service area. A county may create a special service

 

 

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1 area within a municipality or municipalities when the
2 municipality or municipalities consent to the creation of the
3 special service area. A municipality may create a special
4 service area within a municipality and the unincorporated area
5 of a county or within another municipality when the county or
6 other municipality consents to the creation of the special
7 service area.
8     "Special Services" means all forms of services pertaining
9 to the government and affairs of the municipality or county,
10 including but not limited to weather modification, energy
11 efficiency improvements, renewable energy improvements, and
12 improvements permissible under Article 9 of the Illinois
13 Municipal Code, and contracts for the supply of water as
14 described in Section 11-124-1 of the Illinois Municipal Code
15 which may be entered into by the municipality or by the county
16 on behalf of a county service area.
17 (Source: P.A. 86-1324; 88-445.)
 
18     (35 ILCS 200/27-97 new)
19     Sec. 27-97. Green energy special service areas.
20     (a) The corporate authorities of a municipality or county
21 may establish a green energy special service area, or multiple
22 green energy special service areas under a single ordinance,
23 for the purpose of arranging and financing energy efficiency
24 improvements or renewable energy improvements. Each green
25 energy special service area shall include only property for

 

 

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1 which each owner of record has executed a contract or agreement
2 consenting to the inclusion of such property within the green
3 energy special service area, and such consent may occur
4 subsequent to the adoption of the ordinance of the corporate
5 authorities establishing the green energy special service
6 area. The inclusion, or, as applicable, deletion, of property
7 within the green energy special service area subsequent to the
8 adoption of the ordinance of the corporate authorities
9 establishing the green energy special service area may be made
10 by either (i) the adoption of a supplemental or amending
11 ordinance of the corporate authorities or (ii) pursuant to
12 authority in the establishing ordinance designating one or more
13 county or municipal officers, as applicable, to include, or, as
14 applicable, delete, other properties. Green energy special
15 service areas are exempt from the provisions of Sections 27-20,
16 27-25, 27-30, 27-35, 27-45, 27-55, 27-60, 27-65, and 27-70 of
17 this Act. A municipality or county may create a green energy
18 special service area by an ordinance establishing the green
19 energy special service area. Each owner of record of property
20 within a green energy special service area may arrange for the
21 specific energy efficiency improvements or renewable energy
22 improvements and may obtain financing for such improvements
23 through the process set forth in the ordinance establishing the
24 green energy special service area. A green energy special
25 service area may consist of a single building, structure,
26 facility, improvement, or lot or parcel of land. The corporate

 

 

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1 authorities of a municipality or county may establish multiple
2 green energy special service areas pursuant to a single
3 ordinance or within a single green energy special service area
4 identify multiple buildings, structures, facilities,
5 improvements, or lots or parcels of land, whether or not
6 contiguous. Revenues from multiple green energy special
7 service areas or revenues from multiple buildings, structures,
8 facilities, improvements or lots or parcels of land within a
9 single green energy special service area may be aggregated for
10 a pledge as security for bonds issued pursuant to Section 27-45
11 of this Act.
12     (b) The corporate authorities of a county or municipality
13 that establishes a green energy special service area shall levy
14 a tax pursuant to Section 27-75 of this Act on all property in
15 a green energy special service area where each owner of
16 record_has entered into a contract or agreement for
17 improvements. The contract or agreement entered into with the
18 owner of the property shall be conclusive as to the due
19 authorization and establishment of the applicable green energy
20 special service area as it relates to that property and to the
21 amount of special tax to be levied and extended against the
22 property for such improvements. A contract or agreement may
23 specify tax levies pursuant to Section 27-75 of this Act
24 related to the applicable energy efficiency improvements or
25 green energy improvements, or both, or as applicable to the
26 principal of and interest on bonds issued, including as a part

 

 

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1 of a larger pooled or composite issue, for financing such
2 improvements. The specified tax levies in a contract or
3 agreement when recorded as provided in subsection (c) of this
4 Section and filed with the county clerk shall be authority for
5 each affected county to extend and collect the levied taxes for
6 the applicable municipality or county, or both, with respect to
7 each such contract or agreement.
8     (c) The contract or agreement in subsection (b) of this
9 Section shall be in recordable form and shall be recorded in
10 the office of the recorder in the county where the property is
11 located.
12     (d) This Section shall be liberally construed to affect the
13 legislative purpose of enabling taxpayers to make energy
14 efficiency improvements or renewable energy improvements to
15 their properties.
 
16     Section 15. The Counties Code is amended by changing
17 Section 5-1005 as follows:
 
18     (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
19     Sec. 5-1005. Powers. Each county shall have power:
20         1. To purchase and hold the real and personal estate
21     necessary for the uses of the county, and to purchase and
22     hold, for the benefit of the county, real estate sold by
23     virtue of judicial proceedings in which the county is
24     plaintiff.

 

 

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1         2. To sell and convey or lease any real or personal
2     estate owned by the county.
3         3. To make all contracts and do all other acts in
4     relation to the property and concerns of the county
5     necessary to the exercise of its corporate powers.
6         4. To take all necessary measures and institute
7     proceedings to enforce all laws for the prevention of
8     cruelty to animals.
9         5. To purchase and hold or lease real estate upon which
10     may be erected and maintained buildings to be utilized for
11     purposes of agricultural experiments and to purchase, hold
12     and use personal property for the care and maintenance of
13     such real estate in connection with such experimental
14     purposes.
15         6. To cause to be erected, or otherwise provided,
16     suitable buildings for, and maintain a county hospital and
17     necessary branch hospitals and/or a county sheltered care
18     home or county nursing home for the care of such sick,
19     chronically ill or infirm persons as may by law be proper
20     charges upon the county, or upon other governmental units,
21     and to provide for the management of the same. The county
22     board may establish rates to be paid by persons seeking
23     care and treatment in such hospital or home in accordance
24     with their financial ability to meet such charges, either
25     personally or through a hospital plan or hospital
26     insurance, and the rates to be paid by governmental units,

 

 

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1     including the State, for the care of sick, chronically ill
2     or infirm persons admitted therein upon the request of such
3     governmental units. Any hospital maintained by a county
4     under this Section is authorized to provide any service and
5     enter into any contract or other arrangement not prohibited
6     for a hospital that is licensed under the Hospital
7     Licensing Act, incorporated under the General
8     Not-For-Profit Corporation Act, and exempt from taxation
9     under paragraph (3) of subsection (c) of Section 501 of the
10     Internal Revenue Code.
11         7. To contribute such sums of money toward erecting,
12     building, maintaining, and supporting any non-sectarian
13     public hospital located within its limits as the county
14     board of the county shall deem proper.
15         8. To purchase and hold real estate for the
16     preservation of forests, prairies and other natural areas
17     and to maintain and regulate the use thereof.
18         9. To purchase and hold real estate for the purpose of
19     preserving historical spots in the county, to restore,
20     maintain and regulate the use thereof and to donate any
21     historical spot to the State.
22         10. To appropriate funds from the county treasury to be
23     used in any manner to be determined by the board for the
24     suppression, eradication and control of tuberculosis among
25     domestic cattle in such county.
26         11. To take all necessary measures to prevent forest

 

 

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1     fires and encourage the maintenance and planting of trees
2     and the preservation of forests.
3         12. To authorize the closing on Saturday mornings of
4     all offices of all county officers at the county seat of
5     each county, and to otherwise regulate and fix the days and
6     the hours of opening and closing of such offices, except
7     when the days and the hours of opening and closing of the
8     office of any county officer are otherwise fixed by law;
9     but the power herein conferred shall not apply to the
10     office of State's Attorney and the offices of judges and
11     clerks of courts and, in counties of 500,000 or more
12     population, the offices of county clerk.
13         13. To provide for the conservation, preservation and
14     propagation of insectivorous birds through the expenditure
15     of funds provided for such purpose.
16         14. To appropriate funds from the county treasury and
17     expend the same for care and treatment of tuberculosis
18     residents.
19         15. In counties having less than 1,000,000
20     inhabitants, to take all necessary or proper steps for the
21     extermination of mosquitoes, flies or other insects within
22     the county.
23         16. To install an adequate system of accounts and
24     financial records in the offices and divisions of the
25     county, suitable to the needs of the office and in
26     accordance with generally accepted principles of

 

 

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1     accounting for governmental bodies, which system may
2     include such reports as the county board may determine.
3         17. To purchase and hold real estate for the
4     construction and maintenance of motor vehicle parking
5     facilities for persons using county buildings, but the
6     purchase and use of such real estate shall not be for
7     revenue producing purposes.
8         18. To acquire and hold title to real property located
9     within the county, or partly within and partly outside the
10     county by dedication, purchase, gift, legacy or lease, for
11     park and recreational purposes and to charge reasonable
12     fees for the use of or admission to any such park or
13     recreational area and to provide police protection for such
14     park or recreational area. Personnel employed to provide
15     such police protection shall be conservators of the peace
16     within such park or recreational area and shall have power
17     to make arrests on view of the offense or upon warrants for
18     violation of any of the ordinances governing such park or
19     recreational area or for any breach of the peace in the
20     same manner as the police in municipalities organized and
21     existing under the general laws of the State. All such real
22     property outside the county shall be contiguous to the
23     county and within the boundaries of the State of Illinois.
24         19. To appropriate funds from the county treasury to be
25     used to provide supportive social services designed to
26     prevent the unnecessary institutionalization of elderly

 

 

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1     residents, or, for operation of, and equipment for, senior
2     citizen centers providing social services to elderly
3     residents.
4         20. To appropriate funds from the county treasury and
5     loan such funds to a county water commission created under
6     the "Water Commission Act", approved June 30, 1984, as now
7     or hereafter amended, in such amounts and upon such terms
8     as the county may determine or the county and the
9     commission may agree. The county shall not under any
10     circumstances be obligated to make such loans. The county
11     shall not be required to charge interest on any such loans.
12         21. To appropriate and expend funds from the county
13     treasury for economic development purposes, including the
14     making of grants to any other governmental entity or
15     commercial enterprise deemed necessary or desirable for
16     the promotion of economic development in the county.
17         22. To lease space on a telecommunications tower to a
18     public or private entity.
19         23. In counties having a population of 100,000 or less
20     and a public building commission organized by the county
21     seat of the county, to cause to be erected or otherwise
22     provided, and to maintain or cause to be maintained,
23     suitable facilities to house students pursuing a
24     post-secondary education at an academic institution
25     located within the county. The county may provide for the
26     management of the facilities.

 

 

SB2482 - 21 - LRB096 15069 MJR 30072 b

1         24. To engage in and undertake activities related to
2     and in connection with governmental and private energy
3     efficiency improvements and renewable energy improvements,
4     as defined in the Special Service Area Tax Law, including,
5     but not limited to, special service areas related to green
6     energy special service area financing for energy
7     efficiency improvements and renewable energy improvements,
8     whether on public or private property, under the Special
9     Service Area Tax Law. This item shall be liberally
10     construed to effect the legislative purpose of enabling
11     taxpayers to make energy efficiency improvements or
12     renewal energy improvements to their properties.
13     All contracts for the purchase of coal under this Section
14 shall be subject to the provisions of "An Act concerning the
15 use of Illinois mined coal in certain plants and institutions",
16 filed July 13, 1937, as amended.
17 (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
18 96-622, eff. 8-24-09.)
 
19     Section 20. The Illinois Municipal Code is amended by
20 adding Division 15.4 to Article 11 as follows:
 
21     (65 ILCS 5/Art. 11 Div. 15.4 heading new)
22
DIVISION 15.4. GREEN ENERGY SPECIAL SERVICE AREAS

 
23     (65 ILCS 5/11-15.4-1 new)

 

 

SB2482 - 22 - LRB096 15069 MJR 30072 b

1     Sec. 11-15.4-1. Green energy special service areas. Each
2 municipality shall have the power and authority to engage in
3 and undertake activities related to and in connection with
4 governmental and private energy efficiency improvements and
5 renewable energy improvements, as defined in the Special
6 Service Area Tax Law, including, but not limited to, special
7 service area financing related to green energy special service
8 areas for energy efficiency improvements and renewable energy
9 improvements, whether on public or private property, under the
10 Special Service Area Tax Law. This Section shall be liberally
11 construed to effect the legislative purpose of enabling
12 taxpayers to make energy efficiency improvements or renewal
13 energy improvements to their properties.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.