SB1570eng 96TH GENERAL ASSEMBLY

SB1570 Engrossed LRB096 10957 NHT 21214 b

AN ACT concerning schools.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-333 as follows:

(20 ILCS 605/605-333 new)

Sec. 605-333. School Wind and Solar Generation Program.

(a) There is created the School Wind and Solar Generation Program to fund wind generation projects and solar generation projects for school districts and community college districts. The Department shall implement and administer this program. Under the program, the Department shall provide to school districts and community college districts that apply, full or partial low-interest loans for, without limitation, engineering studies, feasibility studies, research studies, and construction costs for wind generation projects and solar generation projects. The loan funds, subject to appropriation, shall be paid out of the School Wind and Solar Generation Revolving Loan Fund. All repayments of loans shall be deposited into the School Wind and Solar Generation Revolving Loan Fund.

(b) The Department shall make available information regarding the School Wind and Solar Generation Program to all school districts and community college districts in this State.

(c) Receiving a loan under this Section does not disqualify a district from being eligible for other Department funding programs regarding energy.

(d) For each of the fiscal years 2010 through 2014, the State Comptroller may order transferred and the State Treasurer may transfer $5,000,000 from the General Revenue Fund and other State funds to the School Wind and Solar Generation Revolving Loan Fund. The School Wind and Solar Generation Revolving Loan Fund is created as a special fund in the State treasury. The School Wind and Solar Generation Revolving Loan Fund shall consist of any moneys transferred or appropriated into the School Wind and Solar Generation Revolving Loan Fund, as well as all repayments of loans made under the School Wind and Solar Generation Program. All interest earned on moneys in the School Wind and Solar Generation Revolving Loan Fund shall be deposited into the Fund. All money in the School Wind and Solar Generation Revolving Loan Fund must be used, subject to appropriation, by the Department for the purposes of this Section. The School Wind and Solar Generation Revolving Loan Fund shall not be subject to sweeps, administrative charges or chargebacks or any other fiscal or budgetary maneuver that would in any way result in the transfer of any funds from the School Wind and Solar Generation Revolving Loan Fund to any other fund of the State or having any such funds utilized for any purpose other than for the purposes of this Section.

(e) The Department may accept additional funding for the School Wind and Solar Generation Program from the federal government and private donations.

(f) The Department may adopt any rules necessary to implement this Section.

Section 7. The Renewable Energy, Energy Efficiency, and Coal Resources Development Law of 1997 is amended by changing Section 6-5.5 as follows:

(20 ILCS 687/6-5.5)

(Section scheduled to be repealed on December 12, 2015)

Sec. 6-5.5. Renewable energy grants.

(a) Subject to appropriation, the Department may establish and operate a renewable energy grant program to assist public schools and community colleges with engineering studies and feasibility studies and school districts in the installation, acquisition, construction, and improvement of renewable energy resources in the public schools, including without limitation solar energy (such as solar panels), geothermal energy, and wind energy.

(b) Application for a grant under this Section must be in the form and manner established by the Department. The grant shall cover 50% of the cost for which the grant is sought, up to a maximum grant of $1,000,000, if the applicant school district is able to demonstrate that it has funds to pay the other 50% of the cost. The schools and community colleges school district may accept private funds for their its portion of the cost.

(c) The Department may adopt any rules that are necessary to carry out its responsibilities under this Section.

(Source: P.A. 95-46, eff. 8-10-07.)

Section 10. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The School Wind and Solar Generation Revolving Loan Fund.

Section 15. The School Code is amended by changing Sections 10-20.42 and 34-18.36 as follows:

(105 ILCS 5/10-20.42)

Sec. 10-20.42. Wind and solar farms farm. A school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.

(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08.)

(105 ILCS 5/34-18.36)

Sec. 34-18.36. Wind and solar farms farm. The school district may own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the school district. The school district may ask for the assistance of any State agency, including without limitation the State Board of Education, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.

(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08; 95-876, eff. 8-21-08.)

Section 20. The Public Community College Act is amended by changing Section 3-42.3 as follows:

(110 ILCS 805/3-42.3)

Sec. 3-42.3. Wind and solar farms farm. To own and operate a wind or solar generation turbine farm, either individually or jointly with a unit of local government, school district, or community college district that is authorized to own and operate a wind or solar generation turbine farm, that directly or indirectly reduces the energy or other operating costs of the community college district. The board may ask for the assistance of any State agency, including without limitation the State Board, the Illinois Power Agency, or the Environmental Protection Agency, in obtaining financing options for a wind or solar generation turbine farm.

(Source: P.A. 95-390, eff. 8-23-07; 95-805, eff. 8-12-08.)

Section 99. Effective date. This Act takes effect upon becoming law.