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Sen. Michael W. Frerichs
Filed: 4/25/2012
| | 09700HB4753sam002 | | LRB097 18551 JDS 68851 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4753
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4753 as follows:
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| 3 | | on page 1, by replacing lines 13 through 19 with the following: |
| 4 | | ""Renewable energy facility" means a generator that is |
| 5 | | attached to a building or parcel of land and that is powered by |
| 6 | | methane gas generated from landfills, solar electric energy or |
| 7 | | wind, dedicated crops grown for electricity generation, |
| 8 | | anaerobic digestion of livestock or food processing waste, or |
| 9 | | fuel cells or microturbines powered by renewable fuels, or |
| 10 | | hydroelectric energy, or waste."; and
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| 11 | | on page 3, line 26, by replacing "evidence" with "evidence,"; |
| 12 | | and
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| 13 | | on page 4, line 1, by replacing "district" with "district,"; |
| 14 | | and
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| 1 | | on page 4, line 2, by replacing "provided" with "provided,"; |
| 2 | | and
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| 3 | | on page 4, line 12, by deleting "district or"; and
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| 4 | | on page 8, by replacing lines 2 and 3 with the following: |
| 5 | | "(11) make, adopt, amend, and repeal ordinances, |
| 6 | | resolutions, bylaws, rules, and regulations not |
| 7 | | inconsistent with this Act, provided, however, that such |
| 8 | | ordinances, resolutions, bylaws, rules, and regulations |
| 9 | | shall not be applicable to the operation and maintenance of |
| 10 | | renewable energy or waste disposal activities by private |
| 11 | | businesses or concerns or other public entities;"; and
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| 12 | | on page 8, line 12, by replacing "Federal" with "federal"; and
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| 13 | | by replacing line 25 on page 8 through line 2 on page 9 with the |
| 14 | | following: |
| 15 | | "(b) The board must: |
| 16 | | (1) remit all money collected from a renewable energy |
| 17 | | facility, exclusive of operations, maintenance, capital, |
| 18 | | debt service, and investment costs, to the county in which |
| 19 | | the district is located; and . |
| 20 | | (2) comply with the requirements that apply to |
| 21 | | pollution control facilities under the Environmental |
| 22 | | Protection Act, as well as any other applicable permitting |
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| 1 | | and regulatory requirements under that Act, if it intends |
| 2 | | to own, operate, or construct a generator that is attached |
| 3 | | to a building or parcel of land and is powered by fuel |
| 4 | | cells or microturbines that are, in turn, powered by waste. |
| 5 | | (c) The board is not authorized to and shall not use |
| 6 | | eminent domain or quick take proceedings to acquire property."; |
| 7 | | and
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| 8 | | on page 9, line 9, by replacing "a board" with "the board of |
| 9 | | that district"; and
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| 10 | | on page 9, line 22, by replacing "or office at which" with ", |
| 11 | | or office at which,"; and
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| 12 | | on page 12, line 5, by replacing "order" with "order,".
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