Full Text of HB4753 97th General Assembly
HB4753sam003 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 4/26/2012
| | 09700HB4753sam003 | | LRB097 18551 JDS 68963 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4753
| 2 | | AMENDMENT NO. ______. Amend House Bill 4753, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Renewable Energy Production District Act is | 6 | | amended by changing Sections 5, 10, 15, and 20 and by adding | 7 | | Sections 22 and 30 as follows: | 8 | | (70 ILCS 1950/5)
| 9 | | Sec. 5. Definitions Definition . | 10 | | "Board" means the board of trustees of a renewable energy | 11 | | production special district created under this Act. | 12 | | "District" means a renewable energy production special | 13 | | district created under this Act. | 14 | | "Renewable energy facility" means a generator that is | 15 | | attached to a building or parcel of land and that is powered by | 16 | | methane gas generated from landfills, solar electric energy or |
| | | 09700HB4753sam003 | - 2 - | LRB097 18551 JDS 68963 a |
|
| 1 | | wind, dedicated crops grown for electricity generation, | 2 | | anaerobic digestion of livestock or food processing waste, fuel | 3 | | cells or microturbines powered by renewable fuels, or | 4 | | hydroelectric energy.
| 5 | | (Source: P.A. 97-265, eff. 8-8-11.) | 6 | | (70 ILCS 1950/10)
| 7 | | Sec. 10. Renewable energy production special district. | 8 | | (a) Any or all areas area within the boundaries of a single | 9 | | county may be incorporated as a single renewable energy | 10 | | production special 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 | | (b) Fifty or more of the legal voters resident within the | 15 | | limits of the proposed district or a majority if there are | 16 | | fewer than 100 legal voters, hereinafter referred to as the | 17 | | "petitioners", may petition the circuit court for the county in | 18 | | which the proposed district is located to cause the question to | 19 | | be submitted to the legal voters of the proposed district | 20 | | whether the proposed territory shall be organized as a | 21 | | renewable energy production special district under this Act. | 22 | | The petition shall be addressed to the court and shall set | 23 | | forth (i) contain a definite description of the boundaries of | 24 | | the territory to be embraced in the proposed district , (ii) and | 25 | | the name of the proposed district , and (iii) a request that the |
| | | 09700HB4753sam003 | - 3 - | LRB097 18551 JDS 68963 a |
|
| 1 | | question be submitted to the legal voters of the proposed | 2 | | district . The territory incorporated in a district formed under | 3 | | this Act shall be contiguous and may contain any territory not | 4 | | previously included in any renewable energy production | 5 | | district. | 6 | | Upon filing a petition, in the office of the circuit clerk | 7 | | of the county in which the petition is made, the court shall | 8 | | consider the boundaries of the renewable energy production | 9 | | district whether the same shall be those stated in the petition | 10 | | or otherwise. | 11 | | (c) In the event that 2 or more petitions covering in part | 12 | | the same territory are filed prior to the public hearing upon | 13 | | the petition first filed, the petitions shall be consolidated | 14 | | for public hearing, and a hearing thereon may be continued to | 15 | | permit the giving of sufficient notice upon any petition or | 16 | | petitions. | 17 | | (d) The petitioners shall give at least 20 days notice | 18 | | prior to a hearing Notice shall be given by the court of the | 19 | | time and place of a hearing upon the subject of the petition. | 20 | | The notice shall be published in one or more newspapers of | 21 | | general circulation within the proposed renewable energy | 22 | | production special district or, if there is no newspaper of | 23 | | general circulation within the proposed renewable energy | 24 | | production special district, then by posting at least 10 copies | 25 | | in 10 of the most public places within the boundaries of the | 26 | | proposed district at least 20 days before the meeting in |
| | | 09700HB4753sam003 | - 4 - | LRB097 18551 JDS 68963 a |
|
| 1 | | conspicuous places as far separated from each other as | 2 | | consistently possible . | 3 | | The filing fee on the petition and the costs of printing | 4 | | and publication or posting of notices of public hearings shall | 5 | | be paid by the petitioners. | 6 | | (e) At the hearing on the petition , all persons in the | 7 | | proposed renewable energy production special district shall | 8 | | have an opportunity to present evidence, be heard concerning | 9 | | the creation, location , and boundary of the proposed district , | 10 | | and make suggestions regarding the same, provided, however, | 11 | | that the court may refuse to allow evidence or testimony deemed | 12 | | cumulative. After and the court, after hearing statements, | 13 | | evidence, and suggestions, the court shall fix and determine | 14 | | the limits and boundaries of the proposed district, and for | 15 | | that purpose and to that extent, may alter and amend the | 16 | | petition. In determining the limits and boundaries of the | 17 | | proposed district the court may consider, among other factors, | 18 | | the public interest and whether the territory contained within | 19 | | the proposed district contains only portions of one or more | 20 | | electoral districts. After the determination by the court the | 21 | | limits and boundaries shall be incorporated in an order, and | 22 | | the order shall be filed in the records of the court. Upon the | 23 | | entering of the order, the court shall certify the order and | 24 | | the proposition to the proper election officials, who shall | 25 | | submit the proposition to the voters at the next permissible an | 26 | | election in accordance with the general election law. In |
| | | 09700HB4753sam003 | - 5 - | LRB097 18551 JDS 68963 a |
|
| 1 | | addition to the requirements of the general election law, | 2 | | notice of the referendum shall include a description of the | 3 | | boundaries of the territory to be embraced in the proposed | 4 | | district and the name of the proposed district. | 5 | | The proposition shall be in substantially the following | 6 | | form: | 7 | | Shall a renewable energy production special district | 8 | | to be known as the (name of the proposed district) be | 9 | | incorporated? | 10 | | The proposed district encompasses (description of | 11 | | territory in the proposed district). | 12 | | Votes shall be recorded as "YES" or "NO". | 13 | | The court shall cause a statement of the results of the | 14 | | election to be filed in the records of the court. If a majority | 15 | | of the votes cast upon the question are in favor of the | 16 | | incorporation of the proposed renewable energy production | 17 | | special district, then the district shall thereafter be an | 18 | | organized renewable energy production special district under | 19 | | this Act, and the court shall enter an order accordingly and | 20 | | cause the same to be filed in the records of the court and | 21 | | shall also send to the county clerk a certified copy of the | 22 | | order organizing the district.
| 23 | | (Source: P.A. 97-265, eff. 8-8-11.) | 24 | | (70 ILCS 1950/15)
| 25 | | Sec. 15. Board of trustees. |
| | | 09700HB4753sam003 | - 6 - | LRB097 18551 JDS 68963 a |
|
| 1 | | (a) A renewable energy production district shall be | 2 | | governed by a board of trustees. The board of trustees shall | 3 | | consist of 5 members. A member of the board
of trustees must | 4 | | reside within the territory embraced within the district. | 5 | | Within 90 days after the order is entered organizing the | 6 | | district, the county board in which the renewable energy | 7 | | production district is located shall appoint the initial | 8 | | members of the board. Of the initial members, 3 shall serve for | 9 | | a 3-year term and 2 shall serve for a 5-year term, as | 10 | | determined by lot. Thereafter, the members of the board shall | 11 | | serve for a 5-year term. Vacancies shall be filled in the same | 12 | | manner as appointments. The members of the board shall annually | 13 | | elect one member to serve as the chairperson. Members of the | 14 | | board shall serve without compensation but may receive the | 15 | | reasonable cost of their travel expenses and may be reimbursed | 16 | | for actual expenses incurred in the performance of their | 17 | | official duties as members of the board .
| 18 | | (b) Within 60 days after appointment of the initial board | 19 | | of trustees, the board shall meet and elect a chairman, who | 20 | | shall thereafter be elected annually by the board, the | 21 | | secretary, and the treasurer. At the initial meeting, the board | 22 | | shall adopt by-laws that shall at a minimum (i) define the | 23 | | first and subsequent fiscal years of the district, (ii) | 24 | | determine the dates and times of other regular and special | 25 | | meetings of the board, and (iii) set forth the procedure for | 26 | | amending the by-laws. |
| | | 09700HB4753sam003 | - 7 - | LRB097 18551 JDS 68963 a |
|
| 1 | | (c) A majority of the members appointed shall constitute a | 2 | | quorum in order to do business. | 3 | | (d) Formal action of the board shall be in the form of an
| 4 | | ordinance, resolution, motion, or other appropriate form, | 5 | | approved by a majority of the board members in attendance at a | 6 | | board meeting. | 7 | | (Source: P.A. 97-265, eff. 8-8-11.) | 8 | | (70 ILCS 1950/20)
| 9 | | Sec. 20. Powers of the board of trustees . The board shall | 10 | | exercise all of the powers and control all the affairs of a | 11 | | renewable energy production special district. | 12 | | (a) The board may: | 13 | | (1) finance, acquire, construct, operate, and | 14 | | maintain , or dispose of a renewable energy facility;
| 15 | | (2) contract with private or public entities to | 16 | | finance, acquire, construct, operate, or maintain , or | 17 | | dispose of a renewable energy facility for the district;
| 18 | | (3) solicit and accept moneys from any legal source; | 19 | | and
| 20 | | (4) sell the renewable energy produced by a renewable | 21 | | energy facility ; .
| 22 | | (5) acquire, purchase, own, lease, rent, sell, and | 23 | | convey interests in real and tangible and intangible | 24 | | personal property; | 25 | | (6) purchase insurance; |
| | | 09700HB4753sam003 | - 8 - | LRB097 18551 JDS 68963 a |
|
| 1 | | (7) sue and be sued; | 2 | | (8) hire employees, prescribe their duties and fix | 3 | | their compensation; | 4 | | (9) adopt and use a seal; | 5 | | (10) make and execute contracts, loans, leases, | 6 | | subleases, installation purchase agreements, notes and | 7 | | other instruments evidencing financial obligations, and | 8 | | other instruments necessary or convenient in the exercise | 9 | | of its powers; | 10 | | (11) make, adopt, amend, and repeal ordinances, | 11 | | resolutions, bylaws, rules, and regulations not | 12 | | inconsistent with this Act, provided, however, that such | 13 | | ordinances, resolutions, bylaws, rules, and regulations | 14 | | shall not be applicable to the operation and maintenance of | 15 | | renewable energy or waste disposal activities by private | 16 | | businesses or concerns or other public entities; | 17 | | (12) sell, lease, sublease, license, transfer, convey, | 18 | | or otherwise dispose of any of its real or personal | 19 | | property, or interests therein, in whole or in part, at any | 20 | | time upon such terms and conditions as it may determine; | 21 | | (13) invest funds, not required for immediate | 22 | | disbursement, in property or agreements; | 23 | | (14) apply for, accept and use grants, loans, or other | 24 | | financial assistance from any private entity or municipal, | 25 | | county, State, or federal governmental agency or other | 26 | | public entity; |
| | | 09700HB4753sam003 | - 9 - | LRB097 18551 JDS 68963 a |
|
| 1 | | (15) employ or enter into contracts for the employment
| 2 | | of any person, firm, or corporation, and for professional | 3 | | services, necessary or desirable for the accomplishment of | 4 | | the corporate
objects of the district or the proper | 5 | | administration, management, protection or control of its | 6 | | property and assets; and | 7 | | (16) make and execute all contracts and other | 8 | | instruments necessary or convenient to the exercise of its | 9 | | powers. | 10 | | This Section shall be liberally construed to give effect to | 11 | | its purposes. | 12 | | (b) The board must : | 13 | | (1) remit all money collected from a renewable energy | 14 | | facility , exclusive of operations, maintenance, capital, | 15 | | debt service, and investment costs, to the county in which | 16 | | the district is located ; and .
| 17 | | (2) comply with the requirements that apply to | 18 | | pollution control facilities under the Environmental | 19 | | Protection Act, as well as any other applicable permitting | 20 | | and regulatory requirements under that Act, if it intends | 21 | | to own, operate, or construct a generator that is attached | 22 | | to a building or parcel of land and is powered by fuel | 23 | | cells or microturbines. | 24 | | (c) The board is not authorized to and shall not use | 25 | | eminent domain or quick take proceedings to acquire property. | 26 | | (Source: P.A. 97-265, eff. 8-8-11.) |
| | | 09700HB4753sam003 | - 10 - | LRB097 18551 JDS 68963 a |
|
| 1 | | (70 ILCS 1950/22 new) | 2 | | Sec. 22. Dissolution of a district. | 3 | | (a) Action to dissolve a district may be instituted either | 4 | | by action of a board or petition. | 5 | | (b) If a district has fully discharged its debts and | 6 | | obligations, then the board of that district may adopt an | 7 | | ordinance finding and determining that the foregoing condition | 8 | | has been met and that the public interest does not require | 9 | | continuation of the district. A copy of the ordinance shall be | 10 | | published in one or more newspapers of general circulation | 11 | | within the district or, if there is no newspaper of general | 12 | | circulation within the district, then by posting copies in 10 | 13 | | of the most public places within the boundaries of the proposed | 14 | | district. In addition to a copy of the ordinance, the | 15 | | publication or posting shall include a notice of (i) the | 16 | | specific number of voters required to sign a petition | 17 | | requesting the
submission to the electors of the question of | 18 | | the dissolution of the district, (ii) the date by which the | 19 | | petition must be filed, and
(iii) the official with whom, or | 20 | | office at which, the petition must be filed. Unless a petition | 21 | | is filed with the secretary of the board within 30 days after | 22 | | publication or posting containing the signatures of voters | 23 | | equal in number to 10% or more
of the total number of | 24 | | registered voters in the territory of the district requesting | 25 | | that the question of the dissolution of the Authority be |
| | | 09700HB4753sam003 | - 11 - | LRB097 18551 JDS 68963 a |
|
| 1 | | submitted to an election, the district shall be deemed to be | 2 | | dissolved at the expiration of the 30-day period. If such a | 3 | | petition is filed, then the question of the dissolution of the | 4 | | district shall be certified by the board to the proper election | 5 | | authority, which shall submit the question to the electors of | 6 | | the district at the next permissible election in accordance | 7 | | with the general election law. | 8 | | The question shall be in substantially the following form: | 9 | | Shall the (name of the district) be dissolved? | 10 | | Votes shall be recorded as "YES" or "NO". | 11 | | The result of the election shall be entered upon the | 12 | | corporate records of the district.
If a majority of the ballots | 13 | | cast on the question are marked "yes", then the district shall | 14 | | be dissolved. But if a majority of the ballots on the question | 15 | | are marked "no", the board shall proceed with the affairs of | 16 | | the district as though the dissolution ordinance had never been | 17 | | adopted, and the question shall not again be submitted to the | 18 | | voters for a period of 2 years. When the business and affairs | 19 | | of any district have been concluded after dissolution, that | 20 | | fact shall be certified by the chair of its board to the county | 21 | | clerk of the county where the district was located. | 22 | | (c) 10% or more of the total number of registered voters | 23 | | residing within the territory of the district, hereinafter | 24 | | referred to as the "petitioners", may petition the circuit | 25 | | court for the county where the proposed district is located to | 26 | | cause the question to be submitted to the legal voters of the |
| | | 09700HB4753sam003 | - 12 - | LRB097 18551 JDS 68963 a |
|
| 1 | | proposed district whether the district shall be dissolved. The | 2 | | petition shall be addressed to the court and shall set forth | 3 | | (i) the name of the district, (ii) an allegation that the | 4 | | district has fully discharged its debts and
obligations, and | 5 | | (iii) a request that the question be submitted to the electors | 6 | | residing within the limits of the district whether the district | 7 | | shall be dissolved. | 8 | | The petitioners shall give at least 20 calendar days notice | 9 | | of the time and place of a hearing upon the subject of the | 10 | | petition. The notice shall be published in one or more | 11 | | newspapers of general circulation within the district or, if | 12 | | there is no newspaper of general circulation within the | 13 | | district, then by posting the notice at least 20 calendar days | 14 | | prior to the hearing in 10 of the most public places within the | 15 | | boundaries
of the proposed district. All costs relating to the | 16 | | filing of the petition and the costs of printing and | 17 | | publication or posting of notices of public hearing thereon | 18 | | shall be paid by the petitioners. | 19 | | At the hearing on the petition all persons in the district | 20 | | shall have an opportunity to present evidence and be heard | 21 | | concerning the dissolution of the district, provided, however, | 22 | | that the court may refuse to allow evidence or testimony deemed | 23 | | cumulative. | 24 | | After hearing statements, evidence, and suggestions, the | 25 | | court shall determine whether the district has fully discharged | 26 | | its debts and obligations and, if so, the court shall enter an |
| | | 09700HB4753sam003 | - 13 - | LRB097 18551 JDS 68963 a |
|
| 1 | | order that the proposition whether the district shall be | 2 | | dissolved be submitted to the electors residing within the | 3 | | limits of the district. Upon the entering of such an order, the | 4 | | court shall certify the order and the proposition to the proper | 5 | | election officials, who shall submit the proposition to the | 6 | | voters at the next permissible election in accordance with the | 7 | | general election law. | 8 | | The question shall be in substantially the following form: | 9 | | Shall the (name of the district) be dissolved? | 10 | | Votes shall be recorded as "YES" or "NO". | 11 | | The result of the election shall be entered upon the | 12 | | corporate records of the district.
If a majority of the ballots | 13 | | cast on the question are marked "yes", then the district shall | 14 | | be dissolved. But if a majority of the ballots on the question | 15 | | are marked "no", the board shall proceed with the affairs of | 16 | | the district as though dissolution had never been considered, | 17 | | and the question shall not again be submitted to the voters for | 18 | | a period of 2 years. When the business and affairs of any | 19 | | district have been concluded after dissolution, that fact shall | 20 | | be certified by the chair of its board to the county clerk of | 21 | | the county where the district was located. | 22 | | (70 ILCS 1950/30 new) | 23 | | Sec. 30. Records of a district. The board shall adopt rules | 24 | | and regulations for the retention and proper safekeeping and | 25 | | maintenance of its permanent records and for the recording of |
| | | 09700HB4753sam003 | - 14 - | LRB097 18551 JDS 68963 a |
|
| 1 | | the corporate actions of the district. The district shall be | 2 | | subject to the provisions of the Local Records Act.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
|
|