Full Text of SB0553 97th General Assembly
SB0553sam001 97TH GENERAL ASSEMBLY | Sen. Michael W. Frerichs Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 553
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 553 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Renewable Energy Production District Act is | 5 | | amended by changing Sections 5, 10, 15, and 20 and by adding | 6 | | Sections 22 and 30 as follows: | 7 | | (70 ILCS 1950/5)
| 8 | | Sec. 5. Definitions Definition . | 9 | | "Board" means the board of trustees of a renewable energy | 10 | | production special district created under this Act. | 11 | | "District" means a renewable energy production special | 12 | | district created under this Act. | 13 | | "Renewable energy facility" means a generator attached to a | 14 | | building or parcel of land that is powered by solar electric | 15 | | energy or wind, dedicated crops grown for electricity | 16 | | generation, anaerobic digestion of livestock or food |
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| 1 | | processing waste, fuel cells or microturbines powered by | 2 | | renewable fuels, or hydroelectric energy , or waste-to-energy | 3 | | concepts .
| 4 | | (Source: P.A. 97-265, eff. 8-8-11.) | 5 | | (70 ILCS 1950/10)
| 6 | | Sec. 10. Renewable energy production special district. | 7 | | (a) Any or all areas area within the boundaries of a single | 8 | | county may be incorporated as a single renewable energy | 9 | | production special district. The territory incorporated in a | 10 | | district formed under this Act shall be contiguous and may | 11 | | contain any territory not previously included in any renewable | 12 | | energy production district. | 13 | | (b) Fifty or more of the legal voters resident within the | 14 | | limits of the proposed district or a majority if there are | 15 | | fewer than 100 legal voters, hereinafter referred to as the | 16 | | "petitioners", may petition the circuit court for the county in | 17 | | which the proposed district is located to cause the question to | 18 | | be submitted to the legal voters of the proposed district | 19 | | whether the proposed territory shall be organized as a | 20 | | renewable energy production special district under this Act. | 21 | | The petition shall be addressed to the court and shall set | 22 | | forth (i) contain a definite description of the boundaries of | 23 | | the territory to be embraced in the proposed district , (ii) and | 24 | | the name of the proposed district , and (iii) a request that the | 25 | | question be submitted to the legal voters of the proposed |
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| 1 | | district . The territory incorporated in a district formed under | 2 | | this Act shall be contiguous and may contain any territory not | 3 | | previously included in any renewable energy production | 4 | | district. | 5 | | Upon filing a petition, in the office of the circuit clerk | 6 | | of the county in which the petition is made, the court shall | 7 | | consider the boundaries of the renewable energy production | 8 | | district whether the same shall be those stated in the petition | 9 | | or otherwise. | 10 | | (c) In the event that 2 or more petitions covering in part | 11 | | the same territory are filed prior to the public hearing upon | 12 | | the petition first filed, the petitions shall be consolidated | 13 | | for public hearing, and a hearing thereon may be continued to | 14 | | permit the giving of sufficient notice upon any petition or | 15 | | petitions. | 16 | | (d) The petitioners shall give at least 20 days notice | 17 | | prior to a hearing Notice shall be given by the court of the | 18 | | time and place of a hearing upon the subject of the petition. | 19 | | The notice shall be published in one or more newspapers of | 20 | | general circulation within the proposed renewable energy | 21 | | production special district or, if there is no newspaper of | 22 | | general circulation within the proposed renewable energy | 23 | | production special district, then by posting at least 10 copies | 24 | | in 10 of the most public places within the boundaries of the | 25 | | proposed district at least 20 days before the meeting in | 26 | | conspicuous places as far separated from each other as |
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| 1 | | consistently possible . | 2 | | The filing fee on the petition and the costs of printing | 3 | | and publication or posting of notices of public hearings shall | 4 | | be paid by the petitioners. | 5 | | (e) At the hearing on the petition , all persons in the | 6 | | proposed renewable energy production special district shall | 7 | | have an opportunity to present evidence be heard concerning the | 8 | | creation, location , and boundary of the proposed district and | 9 | | make suggestions regarding the same, provided however, that the | 10 | | court may refuse to allow evidence or testimony deemed | 11 | | cumulative. After and the court, after hearing statements, | 12 | | evidence, and suggestions, the court shall fix and determine | 13 | | the limits and boundaries of the proposed district, and for | 14 | | that purpose and to that extent, may alter and amend the | 15 | | petition. In determining the limits and boundaries of the | 16 | | proposed district the court may consider, among other factors, | 17 | | the public interest and whether the territory contained within | 18 | | the proposed district contains only portions of one or more | 19 | | electoral district or districts. After the determination by the | 20 | | court the limits and boundaries shall be incorporated in an | 21 | | order, and the order shall be filed in the records of the | 22 | | court. Upon the entering of the order, the court shall certify | 23 | | the order and the proposition to the proper election officials, | 24 | | who shall submit the proposition to the voters at the next | 25 | | permissible an election in accordance with the general election | 26 | | law. In addition to the requirements of the general election |
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| 1 | | law, notice of the referendum shall include a description of | 2 | | the boundaries of the territory to be embraced in the proposed | 3 | | district and the name of the proposed district. | 4 | | The proposition shall be in substantially the following | 5 | | form: | 6 | | Shall a renewable energy production special district | 7 | | to be known as the (name of the proposed district) be | 8 | | incorporated? | 9 | | The proposed district encompasses (description of | 10 | | territory in the proposed district). | 11 | | Votes shall be recorded as "YES" or "NO". | 12 | | The court shall cause a statement of the results of the | 13 | | election to be filed in the records of the court. If a majority | 14 | | of the votes cast upon the question are in favor of the | 15 | | incorporation of the proposed renewable energy production | 16 | | special district, then the district shall thereafter be an | 17 | | organized renewable energy production special district under | 18 | | this Act, and the court shall enter an order accordingly and | 19 | | cause the same to be filed in the records of the court and | 20 | | shall also send to the county clerk a certified copy of the | 21 | | order organizing the district.
| 22 | | (Source: P.A. 97-265, eff. 8-8-11.) | 23 | | (70 ILCS 1950/15)
| 24 | | Sec. 15. Board of trustees. | 25 | | (a) A renewable energy production district shall be |
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| 1 | | governed by a board of trustees. The board of trustees shall | 2 | | consist of 5 members. A member of the board
of trustees must | 3 | | reside within the territory embraced within the district. | 4 | | Within 90 days after the order is entered organizing the | 5 | | district, the county board in which the renewable energy | 6 | | production district is located shall appoint the initial | 7 | | members of the board. Of the initial members, 3 shall serve for | 8 | | a 3-year term and 2 shall serve for a 5-year term, as | 9 | | determined by lot. Thereafter, the members of the board shall | 10 | | serve for a 5-year term. Vacancies shall be filled in the same | 11 | | manner as appointments. The members of the board shall annually | 12 | | elect one member to serve as the chairperson. Members of the | 13 | | board shall serve without compensation but may receive the | 14 | | reasonable cost of their travel expenses and may be reimbursed | 15 | | for actual expenses incurred in the performance of their | 16 | | official duties as members of the board .
| 17 | | (b) Within 60 days after appointment of the initial board | 18 | | of trustees, the board shall meet and elect a chairman, who | 19 | | shall thereafter be elected annually by the board, the | 20 | | secretary, and the treasurer. At the initial meeting, the board | 21 | | shall adopt by-laws that shall at a minimum (i) define the | 22 | | first and subsequent fiscal years of the district, (ii) | 23 | | determine the dates and times of other regular and special | 24 | | meetings of the board, and (iii) set forth the procedure for | 25 | | amending the by-laws. | 26 | | (c) A majority of the members appointed shall constitute a |
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| 1 | | quorum in order to do business. | 2 | | (d) Formal action of the board shall be in the form of an
| 3 | | ordinance, resolution, motion, or other appropriate form, | 4 | | approved by a majority of the board members in attendance at a | 5 | | board meeting. | 6 | | (Source: P.A. 97-265, eff. 8-8-11.) | 7 | | (70 ILCS 1950/20)
| 8 | | Sec. 20. Powers of the board of trustees . The board shall | 9 | | exercise all of the powers and control all the affairs of a | 10 | | renewable energy production special district. | 11 | | (a) The board may: | 12 | | (1) finance, acquire, construct, operate, and | 13 | | maintain , or dispose of a renewable energy facility;
| 14 | | (2) contract with private or public entities to | 15 | | finance, acquire, construct, operate, or maintain , or | 16 | | dispose of a renewable energy facility for the district;
| 17 | | (3) solicit and accept moneys from any legal source; | 18 | | and
| 19 | | (4) sell the renewable energy produced by a renewable | 20 | | energy facility ; .
| 21 | | (5) acquire, purchase, own, lease, rent, sell, and | 22 | | convey interests in real and tangible and intangible | 23 | | personal property; | 24 | | (6) purchase insurance; | 25 | | (7) sue and be sued; |
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| 1 | | (8) hire employees, prescribe their duties and fix | 2 | | their compensation; | 3 | | (9) adopt and use a seal; | 4 | | (10) make and execute contracts, loans, leases, | 5 | | subleases, installation purchase agreements, notes and | 6 | | other instruments evidencing financial obligations, and | 7 | | other instruments necessary or convenient in the exercise | 8 | | of its powers; | 9 | | (11) make, amend, and repeal bylaws, rules, and | 10 | | regulations not inconsistent with this Act; | 11 | | (12) sell, lease, sublease, license, transfer, convey, | 12 | | or otherwise dispose of any of its real or personal | 13 | | property, or interests therein, in whole or in part, at any | 14 | | time upon such terms and conditions as it may determine; | 15 | | (13) invest funds, not required for immediate | 16 | | disbursement, in property or agreements; | 17 | | (14) apply for, accept and use grants, loans, or other | 18 | | financial assistance from any private entity or municipal, | 19 | | county, State, or Federal governmental agency or other | 20 | | public entity; | 21 | | (15) employ or enter into contracts for the employment
| 22 | | of any person, firm, or corporation, and for professional | 23 | | services, necessary or desirable for the accomplishment of | 24 | | the corporate
objects of the district or the proper | 25 | | administration, management, protection or control of its | 26 | | property and assets; and |
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| 1 | | (16) make and execute all contracts and other | 2 | | instruments necessary or convenient to the exercise of its | 3 | | powers. | 4 | | This Section shall be liberally construed to give effect to | 5 | | its purposes. | 6 | | (b) The board must remit all money collected from a | 7 | | renewable energy facility , exclusive of operations, | 8 | | maintenance, capital, debt service, and investment costs, to | 9 | | the county in which the district is located.
| 10 | | (Source: P.A. 97-265, eff. 8-8-11.) | 11 | | (70 ILCS 1950/22 new) | 12 | | Sec. 22. Dissolution of a district. | 13 | | (a) Action to dissolve a district may be instituted either | 14 | | by action of a board or petition. | 15 | | (b) If a district has fully discharged its debts and | 16 | | obligations, then a board may adopt an ordinance finding and | 17 | | determining that the foregoing condition has been met and that | 18 | | the public interest does not require continuation of the | 19 | | district. A copy of the ordinance shall be published in one or | 20 | | more newspapers of general circulation within the district or, | 21 | | if there is no newspaper of general circulation within the | 22 | | district, then by posting copies in 10 of the most public | 23 | | places within the boundaries of the proposed district. In | 24 | | addition to a copy of the ordinance, the publication or posting | 25 | | shall include a notice of (i) the specific number of voters |
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| 1 | | required to sign a petition requesting the
submission to the | 2 | | electors of the question of the dissolution of the district, | 3 | | (ii) the date by which the petition must be filed, and
(iii) | 4 | | the official with whom or office at which the petition must be | 5 | | filed. Unless a petition is filed with the secretary of the | 6 | | board within 30 days after publication or posting containing | 7 | | the signatures of voters equal in number to 10% or more
of the | 8 | | total number of registered voters in the territory of the | 9 | | district requesting that the question of the dissolution of the | 10 | | Authority be submitted to an election, the district shall be | 11 | | deemed to be dissolved at the expiration of the 30-day period. | 12 | | If such a petition is filed, then the question of the | 13 | | dissolution of the district shall be certified by the board to | 14 | | the proper election authority, which shall submit the question | 15 | | to the electors of the district at the next permissible | 16 | | election in accordance with the general election law. | 17 | | The question shall be in substantially the following form: | 18 | | Shall the (name of the district) be dissolved? | 19 | | Votes shall be recorded as "YES" or "NO". | 20 | | The result of the election shall be entered upon the | 21 | | corporate records of the district.
If a majority of the ballots | 22 | | cast on the question are marked "yes", then the district shall | 23 | | be dissolved. But if a majority of the ballots on the question | 24 | | are marked "no", the board shall proceed with the affairs of | 25 | | the district as though the dissolution ordinance had never been | 26 | | adopted, and the question shall not again be submitted to the |
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| 1 | | voters for a period of 2 years. When the business and affairs | 2 | | of any district have been concluded after dissolution, that | 3 | | fact shall be certified by the chair of its board to the county | 4 | | clerk of the county where the district was located. | 5 | | (c) 10% or more of the total number of registered voters | 6 | | resident within the territory of the district, hereinafter | 7 | | referred to as the "petitioners", may petition the circuit | 8 | | court for the county where the proposed district is located to | 9 | | cause the question to be submitted to the legal voters of the | 10 | | proposed district whether the district shall be dissolved. The | 11 | | petition shall be addressed to the court and shall set forth | 12 | | (i) the name of the district, (ii) an allegation that the | 13 | | district has fully discharged its debts and
obligations, and | 14 | | (iii) a request that the question be submitted to the electors | 15 | | residing within the limits of the district whether the district | 16 | | shall be dissolved. | 17 | | The petitioners shall give at least 20 calendar days notice | 18 | | of the time and place of a hearing upon the subject of the | 19 | | petition. The notice shall be published in one or more | 20 | | newspapers of general circulation within the district or, if | 21 | | there is no newspaper of general circulation within the | 22 | | district, then by posting the notice at least 20 calendar days | 23 | | prior to the hearing in 10 of the most public places within the | 24 | | boundaries
of the proposed district. All costs relating to the | 25 | | filing of the petition and the costs of printing and | 26 | | publication or posting of notices of public hearing thereon |
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| 1 | | shall be paid by the petitioners. | 2 | | At the hearing on the petition all persons in the district | 3 | | shall have an opportunity to present evidence and be heard | 4 | | concerning the dissolution of the district, provided, however, | 5 | | that the court may refuse to allow evidence or testimony deemed | 6 | | cumulative. | 7 | | After hearing statements, evidence, and suggestions, the | 8 | | court shall determine whether the district has fully discharged | 9 | | its debts and obligations and, if so, the court shall enter an | 10 | | order that the proposition whether the district shall be | 11 | | dissolved be submitted to the electors residing within the | 12 | | limits of the district. Upon the entering of such an order the | 13 | | court shall certify the order and the proposition to the proper | 14 | | election officials, who shall submit the proposition to the | 15 | | voters at the next permissible election in accordance with the | 16 | | general election law. | 17 | | The question shall be in substantially the following form: | 18 | | Shall the (name of the district) be dissolved? | 19 | | Votes shall be recorded as "YES" or "NO". | 20 | | The result of the election shall be entered upon the | 21 | | corporate records of the district.
If a majority of the ballots | 22 | | cast on the question are marked "yes", then the district shall | 23 | | be dissolved. But if a majority of the ballots on the question | 24 | | are marked "no", the board shall proceed with the affairs of | 25 | | the district as though dissolution had never been considered, | 26 | | and the question shall not again be submitted to the voters for |
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| 1 | | a period of 2 years. When the business and affairs of any | 2 | | district have been concluded after dissolution, that fact shall | 3 | | be certified by the chair of its board to the county clerk of | 4 | | the county where the district was located. | 5 | | (70 ILCS 1950/30 new) | 6 | | Sec. 30. Records of a district. The board shall adopt rules | 7 | | and regulations for the retention and proper safe keeping and | 8 | | maintenance of its permanent records and for the recording of | 9 | | the corporate actions of the district. The district shall be | 10 | | subject to the provisions of the Local Records Act.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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