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Public Act 097-0265
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| HB1487 Enrolled | LRB097 06685 RLJ 46771 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Renewable Energy Production District Act.
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Section 5. Definition. "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.
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Section 10. Renewable energy production district. Any area |
within the boundaries of a single county may be incorporated as |
a renewable energy production district. |
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, 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 district under this |
Act. The petition shall be addressed to the court and shall |
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contain a definite description of the boundaries of the |
territory to be embraced in the proposed district and the name |
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 |
district whether the same shall be those stated in the petition |
or otherwise. |
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 district or, if |
there is no newspaper of general circulation within the |
proposed renewable energy production district, then by posting |
at least 10 copies in the proposed district at least 20 days |
before the meeting in conspicuous places as far separated from |
each other as consistently possible. |
At the hearing, all persons in the proposed renewable |
energy production district shall have an opportunity to be |
heard concerning the location and boundary of the proposed |
district and make suggestions regarding the same, and the |
court, after hearing statements, evidence, and suggestions, |
shall fix and determine the limits and boundaries of the |
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proposed district, and for that purpose and to that extent, may |
alter and amend the petition. 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 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 proposed district |
and the name of the proposed district. |
The proposition shall be in substantially the following |
form: |
Shall a renewable energy production district be |
incorporated? |
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 |
district, then the district shall thereafter be an organized |
renewable energy production 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.
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Section 15. Board of trustees. A renewable energy |
production district shall be governed by a board of trustees. |
The board of trustees shall consist of 5 members. 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 members of the board. Of the |
initial members, 3 shall serve for 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.
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Section 20. Powers. The board shall exercise all of the |
powers and control all the affairs of a renewable energy |
production district. |
(a) The board may: |
(1) construct, operate, and maintain a renewable |
energy facility;
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(2) contract with private or public entities to |
construct, operate, or maintain a renewable energy |
facility for the district;
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(3) solicit and accept moneys from any legal source; |