Full Text of HB1487 97th General Assembly
HB1487enr 97TH GENERAL ASSEMBLY |
| | HB1487 Enrolled | | LRB097 06685 RLJ 46771 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Renewable Energy Production District Act. | 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. | 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 |
| | | HB1487 Enrolled | - 2 - | LRB097 06685 RLJ 46771 b |
|
| 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 |
| | | HB1487 Enrolled | - 3 - | LRB097 06685 RLJ 46771 b |
|
| 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. |
| | | HB1487 Enrolled | - 4 - | LRB097 06685 RLJ 46771 b |
|
| 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. | 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;
| 21 | | (2) contract with private or public entities to | 22 | | construct, operate, or maintain a renewable energy | 23 | | facility for the district;
| 24 | | (3) solicit and accept moneys from any legal source; |
| | | HB1487 Enrolled | - 5 - | LRB097 06685 RLJ 46771 b |
|
| 1 | | and
| 2 | | (4) sell the renewable energy produced by a renewable | 3 | | energy facility.
| 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.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
|
|