Full Text of SB0116 99th General Assembly
SB0116ham003 99TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/2/2016
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| 1 | | AMENDMENT TO SENATE BILL 116
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 116 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Finance Authority Act is amended | 5 | | by changing Sections 820-10, 820-20, and 820-25 and by adding | 6 | | Section 820-37 as follows:
| 7 | | (20 ILCS 3501/820-10)
| 8 | | Sec. 820-10. Definitions. The following words or terms, | 9 | | whenever used or
referred to in
this Article, shall have the | 10 | | following
meanings ascribed to them, except where the context | 11 | | clearly requires otherwise:
| 12 | | (a) "Department" means the Illinois Department of Commerce | 13 | | and Economic
Opportunity.
| 14 | | (b) "Unit of local government" means any unit of local | 15 | | government, as
defined
in Article VII, Section 1 of the 1970 | 16 | | State Constitution and any local public
entity as that term is |
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| 1 | | defined by the Local Governmental and Governmental
Employees | 2 | | Tort Immunity Act and also includes the State and any
| 3 | | instrumentality,
office, officer, department, division, | 4 | | bureau, commission, college or
university
thereof.
| 5 | | (c) "Energy conservation project" means any improvement, | 6 | | repair, alteration
or
betterment of any building or facility or | 7 | | any equipment, including but not limited to an Energy | 8 | | Efficiency Project, as defined in item (iii) of subsection (b) | 9 | | of Section 825-65, in connection with any school district or | 10 | | community college district project, and any fixture or | 11 | | furnishing
including its energy using mechanical devices to be | 12 | | added to or used in any
building or facility that the Director | 13 | | of the Department has certified to the
Authority will be a | 14 | | cost-effective energy-related project that will lower
energy
| 15 | | or utility costs in connection with the operation or | 16 | | maintenance of such
building or facility, and will achieve | 17 | | energy cost savings sufficient to cover
bond debt service and | 18 | | other project costs within 20 10 years from the date of
project | 19 | | installation.
| 20 | | (d) "Green special service area project" means any energy | 21 | | efficiency improvement, renewable energy improvement, or water | 22 | | use improvement as such terms are defined in Section 27-5 of | 23 | | the Special Service Area Tax Law. | 24 | | (Source: P.A. 97-760, eff. 7-6-12.)
| 25 | | (20 ILCS 3501/820-20) |
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| 1 | | Sec. 820-20. Powers and Duties; Illinois Local Government | 2 | | Financing
Assistance Program. The Authority has the power: | 3 | | (a) To purchase from time to time pursuant to negotiated | 4 | | sale or to
otherwise
acquire from time to time any local | 5 | | government securities issued by one or more
units of local | 6 | | government upon such terms and conditions as the Authority may
| 7 | | prescribe; | 8 | | (b) To issue bonds in one or more series pursuant to one or | 9 | | more resolutions
of
the Authority for any purpose authorized | 10 | | under
this Article,
including without limitation purchasing or | 11 | | acquiring local government
securities, providing for the | 12 | | payment of any interest deemed necessary on such
bonds, paying | 13 | | for the cost of issuance of such bonds, providing for the | 14 | | payment
of the cost of any guarantees, letters of credit, | 15 | | insurance contracts or other
similar credit support or | 16 | | liquidity instruments, or providing for the funding
of
any | 17 | | reserves deemed necessary in connection with such bonds and | 18 | | refunding or
advance refunding of any such bonds and the | 19 | | interest and any premium thereon,
pursuant to this Act; | 20 | | (c) To provide for the funding of any reserves or other | 21 | | funds or accounts
deemed necessary by the Authority in | 22 | | connection with any bonds issued by the
Authority or local | 23 | | government securities purchased or otherwise acquired by the
| 24 | | Authority; | 25 | | (d) To pledge any local government security, including any | 26 | | payments thereon,
and any other funds of the Authority or funds |
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| 1 | | made available to the Authority
which may be applied to such | 2 | | purpose, as security for any bonds or any
guarantees, letters | 3 | | of credit, insurance contracts or similar credit support or
| 4 | | liquidity instruments securing the bonds; | 5 | | (e) To enter into agreements or contracts with third | 6 | | parties, whether public
or
private, including without | 7 | | limitation the United States of America, the State,
or any | 8 | | department or agency thereof to obtain any appropriations, | 9 | | grants, loans
or guarantees which are deemed necessary or | 10 | | desirable by the Authority. Any
such guarantee, agreement or | 11 | | contract may contain terms and provisions
necessary
or | 12 | | desirable in connection with the program, subject to the | 13 | | requirements
established by
this Article; | 14 | | (f) To charge reasonable fees to defray the cost of | 15 | | obtaining letters of
credit, insurance contracts or other | 16 | | similar documents, and to charge such
other
reasonable fees to | 17 | | defray the cost of trustees, depositories, paying agents,
bond | 18 | | registrars, escrow agents and other administrative expenses. | 19 | | Any such fees
shall be payable by units of local government | 20 | | whose local government securities
are purchased or otherwise | 21 | | acquired by the Authority pursuant to
this Article, in such | 22 | | amounts and at such times as the Authority
shall determine, and | 23 | | the amount of the fees need not be uniform among the
various | 24 | | units of local government whose local government securities are
| 25 | | purchased or otherwise acquired by the Authority pursuant to
| 26 | | this Article; |
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| 1 | | (g) To obtain and maintain guarantees, letters of credit, | 2 | | insurance
contracts
or similar credit support or liquidity | 3 | | instruments which are deemed necessary
or
desirable in | 4 | | connection with any bonds or other obligations of the Authority | 5 | | or
any local government securities; | 6 | | (h) To establish application fees and other service fees | 7 | | and prescribe
application, notification, contract, agreement, | 8 | | security and insurance forms
and
rules and regulations it deems | 9 | | necessary or appropriate; | 10 | | (i) To provide technical assistance, at the request of any | 11 | | unit of local
government, with respect to the financing or | 12 | | refinancing for any public
purpose.
In fulfillment of this | 13 | | purpose, the Authority may request assistance from the
| 14 | | Department as necessary; any unit of local government that is | 15 | | experiencing
either a financial emergency as defined in the | 16 | | Local Government Financial
Planning and Supervision Act or a | 17 | | condition of fiscal crisis evidenced by an
impaired ability to | 18 | | obtain financing for its public purpose projects from
| 19 | | traditional financial channels or impaired ability to fully | 20 | | fund its
obligations
to fire, police and municipal employee | 21 | | pension funds, or to bond payments or
reserves, may request | 22 | | technical assistance from the Authority in the form of a
| 23 | | diagnostic evaluation of its financial condition; | 24 | | (j) To purchase any obligations of the Authority issued | 25 | | pursuant to
this Article; | 26 | | (k) To sell, transfer or otherwise dispose of local |
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| 1 | | government securities
purchased or otherwise acquired by the | 2 | | Authority pursuant to
this Article,
including without | 3 | | limitation, the sale, transfer or
other disposition of | 4 | | undivided fractionalized interests in the right to receive
| 5 | | payments of principal and premium, if any, or the right to | 6 | | receive payments of
interest or the right to receive payments | 7 | | of principal of and premium, if any,
and interest on pools of | 8 | | such local government securities; | 9 | | (l) To acquire, purchase, lease, sell, transfer and | 10 | | otherwise dispose of
real
and personal property, or any | 11 | | interest therein, and to issue its bonds and
enter
into leases, | 12 | | contracts and other agreements with units of local government | 13 | | in
connection with such acquisitions, purchases, leases, sales | 14 | | and other
dispositions of such real and personal property; | 15 | | (m) To make loans to banks, savings and loans and other | 16 | | financial
institutions
for the purpose of purchasing or | 17 | | otherwise acquiring local government
securities, and to issue | 18 | | its bonds, and enter into agreements and contracts in
| 19 | | connection with such loans; | 20 | | (n) To enter into agreements or contracts with any person | 21 | | necessary or
appropriate to place the payment obligations of | 22 | | the Authority under any of its
bonds in whole or in part on any | 23 | | interest rate basis, cash flow basis, or other
basis desired by | 24 | | the Authority, including without limitation agreements or
| 25 | | contracts commonly known as "interest rate swap agreements", | 26 | | "forward payment
conversion agreements", and "futures", or |
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| 1 | | agreements or contracts to exchange
cash flows or a series of | 2 | | payments, or agreements or contracts, including
without | 3 | | limitation agreements or contracts commonly known as | 4 | | "options", "puts"
or "calls", to hedge payment, rate spread, or | 5 | | similar exposure; provided, that
any such agreement or contract | 6 | | shall not constitute an obligation for borrowed
money, and | 7 | | shall not be taken into account under
Section 845-5 of this Act | 8 | | or any
other debt limit of the Authority or the State of | 9 | | Illinois; | 10 | | (o) To make and enter into all other agreements and | 11 | | contracts and execute
all
instruments necessary or incidental | 12 | | to performance of its duties and the
execution of its powers | 13 | | under
this Article; | 14 | | (p) To contract for and finance the costs of energy audits, | 15 | | project-specific
engineering and design specifications, and | 16 | | any other related analyses
preliminary to an energy | 17 | | conservation project; and, to contract for and finance
the cost | 18 | | of project monitoring and data collection to verify | 19 | | post-installation
energy consumption and energy-related | 20 | | operating costs. Any such contract shall
be executed only after | 21 | | it has been jointly negotiated by the Authority and the
| 22 | | Department; and | 23 | | (p-5) To purchase special service area bonds and to accept | 24 | | assignments or pledges, or both, of special service area bonds | 25 | | or agreements relating
to green special service area projects, | 26 | | which
authority shall be liberally construed; and |
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| 1 | | (q) To exercise such other powers as are necessary or | 2 | | incidental to the
foregoing. | 3 | | (Source: P.A. 93-205, eff. 1-1-04.) | 4 | | (20 ILCS 3501/820-25) | 5 | | Sec. 820-25. Unit of Local Government Participation. Any | 6 | | unit of local
government is authorized to voluntarily | 7 | | participate in this program. Any unit
of local government which | 8 | | is authorized to issue, sell and deliver its local
government | 9 | | securities under any provision of the Constitution or laws of | 10 | | the
State may issue, sell and deliver such local government | 11 | | securities to the
Authority under
this Article; provided that | 12 | | and notwithstanding
any other provision of law to the contrary, | 13 | | any such unit of local government
may issue and sell any such | 14 | | local government security at any interest rate or
rates, which | 15 | | rate or rates may be established by an index or formula which | 16 | | may
be implemented by persons appointed or retained for those | 17 | | purposes therefor , payable at such time
or times, and at such | 18 | | price or prices to which the unit of local government and
the | 19 | | Authority may agree. Any unit of local government may pay any | 20 | | amount
charged by the Authority pursuant to
this Article.
Any | 21 | | unit of local government participating in this program may pay | 22 | | out of the
proceeds of its local government securities or out | 23 | | of any other moneys or funds
available to it for such purposes | 24 | | any costs, fees, interest deemed necessary,
premium or reserves | 25 | | incurred or required for financing or refinancing this
program, |
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| 1 | | including without limitation any fees charged by the Authority
| 2 | | pursuant
to
this Article and its share, as determined by the
| 3 | | Authority, of any costs, fees, interest deemed necessary, | 4 | | premium or reserves
incurred or required pursuant to
Section | 5 | | 820-20 of this Act. All local
government securities purchased | 6 | | or otherwise acquired by the Authority pursuant
to this Act | 7 | | shall upon delivery to the Authority be accompanied by an | 8 | | approving
opinion of bond counsel as to the validity of such | 9 | | securities. The Authority
shall have discretion to purchase or | 10 | | otherwise acquire those local government
securities, as it | 11 | | shall deem to be in the best interest of its financing
program
| 12 | | for all units of local government taken as a whole. Any unit of | 13 | | local government with the authority, in connection with green | 14 | | special service area projects, to provide special service area | 15 | | financing under the Special Service Area Tax Law is authorized | 16 | | to issue special service area bonds and sell or assign those | 17 | | special service area bonds to the Authority or to assign or | 18 | | pledge special service area bonds or agreements, or both, to | 19 | | the Authority. | 20 | | (Source: P.A. 93-205, eff. 1-1-04.) | 21 | | (20 ILCS 3501/820-37 new) | 22 | | Sec. 820-37. Unit of local government participation; | 23 | | bonds. The Authority may assist units of local government by | 24 | | establishing and implementing a program to issue their bonds | 25 | | secured by special service area agreements assigned or pledged |
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| 1 | | to the Authority by units of local government so as to provide | 2 | | financing for green special service area projects. The bonds of | 3 | | the Authority shall not constitute an indebtedness or | 4 | | obligation of the Authority or the State, and it shall be | 5 | | plainly stated on the face of each such bond that it does not | 6 | | constitute an indebtedness or obligation of the Authority or | 7 | | the State but is payable solely from the revenues, income, or | 8 | | other assets of the Authority that are pledged to the repayment | 9 | | of those bonds. | 10 | | Section 10. The Property Tax Code is amended by changing | 11 | | Section 27-5 and by adding Sections 27-97, 27-100, and 27-105 | 12 | | as follows: | 13 | | (35 ILCS 200/27-5) | 14 | | Sec. 27-5. Short title; definitions. This Article may be | 15 | | cited as the
Special Service Area Tax Law. | 16 | | When used in this Article: | 17 | | "Energy efficiency improvement" means any installation, | 18 | | modification, or replacement that reduces energy consumption | 19 | | in any multi-family residential, commercial, or industrial | 20 | | building, structure, or other facility, including, but not | 21 | | limited to, all of the following: | 22 | | (1) insulation in walls, roofs, floors, foundations, | 23 | | and heating and cooling distribution systems; | 24 | | (2) storm windows and doors, multiglazed windows and |
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| 1 | | doors, heat-absorbing or heat-reflective glazed and coated | 2 | | window and door systems, additional glazing, reductions in | 3 | | glass area, and other window and door system modifications; | 4 | | (3) automatic energy control systems; | 5 | | (4) high efficiency furnaces, lighting fixtures, | 6 | | ventilating, or air conditioning and distribution systems; | 7 | | (5) caulking and weather-stripping; | 8 | | (6) facilities, improvements, or systems to bring | 9 | | natural daylight into buildings; and | 10 | | (7) any other installation, modification, replacement, | 11 | | facility, improvement, rehabilitation, repair, or | 12 | | remodeling that is permanently affixed to the property and | 13 | | has the effect of reducing energy consumption. | 14 | | For the purposes of levying a special service area tax or | 15 | | assessment on the real property on which the energy efficiency | 16 | | improvement is located in a green special service area under | 17 | | the Special Service Area Tax Law in the Property Tax Code, any | 18 | | energy efficiency improvement shall be deemed to be real | 19 | | property. | 20 | | "Green special service area" means a special service area | 21 | | created pursuant to Section 27-97 of this Act for the purpose | 22 | | of providing special services that are energy efficiency | 23 | | improvements, renewable energy improvements, water use | 24 | | improvements, or a combination thereof. The corporate | 25 | | authorities of the municipality or county may establish (i) | 26 | | multiple green special service areas pursuant to a single |
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| 1 | | ordinance or (ii) multiple buildings, structures, facilities, | 2 | | improvements, or lots or parcels of land within a single green | 3 | | special service area, which are not required to be contiguous. | 4 | | Revenues from multiple green special service areas and revenues | 5 | | from multiple buildings, structures, facilities, improvements | 6 | | or lots or parcels of land within a single green special | 7 | | service area may be aggregated for a pledge as security for | 8 | | bonds issued pursuant to Section 27-45 of this Act. | 9 | | "Green special service area project" means any energy | 10 | | efficiency improvement, renewable energy improvement, or water | 11 | | use improvement, or any combination thereof. | 12 | | "Multi-family residential" means a building containing | 13 | | more than 4 units that is intended for human habitation, or any | 14 | | mixed residential-commercial buildings or portions thereof | 15 | | that are intended for human habitation. | 16 | | "Renewable energy improvement" means any fixture, product, | 17 | | system, device, or interacting group thereof, for or serving | 18 | | any multi-family residential, commercial, or industrial | 19 | | building, structure, or other facility that is permanently | 20 | | affixed to the property and produces energy from renewable | 21 | | resources as defined in Section 1-10 of the Illinois Power | 22 | | Agency Act. For purposes of levying a special service area tax | 23 | | or assessment on the real property on which the renewable | 24 | | energy improvement is located in a green special service area | 25 | | under the Special Service Area Tax Law in the Property Tax | 26 | | Code, any renewable energy improvement shall be deemed to be |
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| 1 | | real property. | 2 | | "Special Service Area" means a contiguous area , except as | 3 | | provided in this Act concerning green special service areas, | 4 | | within a municipality
or county in which special governmental | 5 | | services are provided in
addition to those services provided | 6 | | generally throughout the
municipality or county, the cost of | 7 | | the special services to be paid
from revenues collected from | 8 | | taxes or assessments levied or imposed upon property
within | 9 | | that area. Territory shall be considered contiguous for | 10 | | purposes
of this Article even though certain completely | 11 | | surrounded portions of the
territory are excluded from the | 12 | | special service area. A county may create
a special service | 13 | | area within a municipality or municipalities when the
| 14 | | municipality or municipalities consent to the creation of the | 15 | | special
service area. A municipality may create a special | 16 | | service area within a
municipality and the unincorporated area | 17 | | of a county or within another
municipality when the county or | 18 | | other municipality consents to the creation
of the special | 19 | | service area. | 20 | | "Special Services" means all forms of services pertaining | 21 | | to the
government and affairs of the municipality or county, | 22 | | including
but not limited to weather modification , energy | 23 | | efficiency improvements, renewable energy improvements, water | 24 | | use improvements, and improvements permissible under
Article 9 | 25 | | of the Illinois Municipal Code, and contracts for the supply of
| 26 | | water as described in Section 11-124-1 of the Illinois |
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| 1 | | Municipal Code which
may be entered into by the municipality or | 2 | | by the county on behalf of a
county special service area. | 3 | | "Water use improvement" means any fixture, product, | 4 | | system, device, or interacting group thereof, for or serving | 5 | | any multi-family residential, commercial, or industrial | 6 | | building, structure, or other facility that has the effect of | 7 | | conserving water resources through improved water management | 8 | | or efficiency. For the purposes of levying a special service | 9 | | area tax or assessment on the real property on which the water | 10 | | use improvement is located in a green special service area | 11 | | under the Special Service Area Tax Law in the Property Tax | 12 | | Code, any water use improvement shall be deemed to be real | 13 | | property. | 14 | | (Source: P.A. 86-1324; 88-445.) | 15 | | (35 ILCS 200/27-97 new) | 16 | | Sec. 27-97. Green special service areas. | 17 | | (a) The corporate authorities of a municipality or a county | 18 | | may establish a green special service area, or multiple green
| 19 | | special service areas under a single ordinance, for the purpose | 20 | | of arranging for and financing energy efficiency improvements, | 21 | | renewable energy improvements, or water use improvements, the | 22 | | financing of which shall constitute a public purpose. Each | 23 | | green special service area shall include only property for | 24 | | which each owner of record has executed a contract or agreement | 25 | | consenting to the inclusion of the property within the green |
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| 1 | | special service area, and such contract or agreement may be | 2 | | entered into after the adoption of the ordinance by the | 3 | | corporate authorities establishing the green special service | 4 | | area.
The inclusion, or, as applicable, deletion, of property | 5 | | within the green special service area after the adoption of the | 6 | | ordinance by the corporate authorities establishing the green | 7 | | special service area may be made either (i) by the adoption of | 8 | | a supplemental or amending ordinance by the corporate | 9 | | authorities or (ii) pursuant to authority in the establishing | 10 | | ordinance designating one or more county or municipal officers, | 11 | | as applicable, to include or delete other properties. Green | 12 | | special service areas are exempt from the provisions of | 13 | | Sections 27-20, 27-25, 27-30, 27-35, 27-40, 27-50, 27-55, | 14 | | 27-60, 27-65, and 27-70 of the Special Service Area Tax Law. A | 15 | | municipality or a county may create a green special service | 16 | | area by an ordinance establishing the green special service | 17 | | area or multiple green special services areas. Notwithstanding | 18 | | anything in the Special Service Area Tax Law to the contrary, a | 19 | | county may establish a green special service area within a | 20 | | municipality without the consent of that municipality. Each | 21 | | owner of record of property within a green special service area | 22 | | may arrange for the specific energy efficiency improvements, | 23 | | renewable energy improvements, or water use improvements, and | 24 | | may obtain financing for such improvements through the process | 25 | | set forth in the ordinance establishing the green special | 26 | | service area. A green special service area may consist of a |
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| 1 | | single building, structure, facility, improvement, or lot or
| 2 | | parcel of land. The corporate authorities of a municipality or | 3 | | a county may establish multiple green special service areas | 4 | | pursuant to a single ordinance or may, within a single green | 5 | | special service area, identify multiple buildings, structures, | 6 | | facilities, improvements, or lots or parcels of land, whether | 7 | | or not those buildings, structures, facilities, improvements, | 8 | | lots, or parcels are contiguous. However, each green special | 9 | | service area shall be established with respect to a single | 10 | | contract or agreement. Revenues derived from special service | 11 | | area taxes or assessments levied in multiple green special | 12 | | service areas or revenues from multiple buildings, structures, | 13 | | facilities, improvements or lots or parcels of land within a | 14 | | single green special service area may be aggregated for a | 15 | | pledge as security for bonds issued pursuant to Section 27-45 | 16 | | of the Special Service Area Tax Law. Municipalities and | 17 | | counties shall have the power to issue bonds under Section | 18 | | 27-45 of the Special Service Area Tax Law for the public | 19 | | purposes set forth in this Section 27-97; provided that it | 20 | | shall not be necessary to give notice of or to conduct a public | 21 | | hearing, as required in Section 27-45 of the Special Service | 22 | | Area Tax Law, in connection with the issuance of those bonds, | 23 | | as otherwise required by Section 27-45 of the Special Service | 24 | | Area Tax Law. | 25 | | (b) The corporate authorities of a county or municipality | 26 | | that establish a green special service area shall have the |
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| 1 | | power to levy a special service area tax or assessment on the | 2 | | real property on which the energy use improvements, the | 3 | | renewable energy improvements, and the water use improvements | 4 | | are located if each owner of record has entered into a contract | 5 | | or agreement for those energy efficiency improvements, those | 6 | | renewable energy improvements, and those water use | 7 | | improvements. It is not necessary to file a copy of the notice | 8 | | of public hearing with the County Clerk as otherwise required | 9 | | by Section 27-75 of the Special Service Area Tax Law. The | 10 | | contract or agreement entered into with the owner of the | 11 | | property shall be conclusive as to the due authorization and | 12 | | establishment of the applicable green special service area as | 13 | | it relates to those energy efficiency improvements, those | 14 | | renewable energy improvements, and those water use | 15 | | improvements and the amount of the special service area taxes | 16 | | or assessments to be levied and extended against the real | 17 | | property on which such energy efficiency improvements, such | 18 | | renewable energy improvements and such water use improvements | 19 | | are located. A contract or agreement may specify the amount of | 20 | | the special service area taxes or assessments levied pursuant | 21 | | to this Section on the real property on which the applicable | 22 | | energy efficiency improvements, renewable energy improvements, | 23 | | water use improvements, or a combination thereof are located or | 24 | | as applicable to the principal of and interest on bonds issued, | 25 | | including as a part of a larger pooled or composite issue, for | 26 | | financing such energy efficiency improvements, renewable |
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| 1 | | energy improvements or water use improvements. The specified | 2 | | special service area tax or assessment levies in a contract or | 3 | | agreement when recorded as provided in subsection (c) of this | 4 | | Section and filed in the office of the recorder of the county | 5 | | where the real property is located shall be authority for each | 6 | | affected municipality or county to extend and collect the | 7 | | levied special service area taxes or assessments for the | 8 | | applicable municipality or county, or both, with respect to | 9 | | each such contract or agreement. | 10 | | In the event that a municipality establishes a green | 11 | | special service area pursuant to this Section, the county clerk | 12 | | of the county in which the green special service area is | 13 | | located may agree to extend, and the county collector of that | 14 | | county may agree to collect, distribute, and account for, the | 15 | | special service area taxes or assessments on behalf of the | 16 | | municipality upon the establishment of the green special | 17 | | service area or at any time thereafter. Upon agreement, the | 18 | | county clerk shall continue to extend, and the county collector | 19 | | shall continue to collect, distribute, and account for the | 20 | | levied special service area taxes or assessments until the | 21 | | green special service area is dissolved. If the county clerk | 22 | | and the county collector agree to extend, collect, and account | 23 | | for the levied special service area taxes or assessments, the | 24 | | ordinance levying the special service area taxes in a green | 25 | | special service area shall be filed with the county clerk of | 26 | | that county. |
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| 1 | | (c) Before entering into a contract or agreement as set | 2 | | forth in subsections (a) and (b) of this Section, a | 3 | | municipality or county must ensure that: (i) there are no | 4 | | delinquent taxes, special assessments, or water or sewer | 5 | | charges on the property; (ii) the amount of the tax or | 6 | | assessment in relation to the greater of the assessed value of | 7 | | the property or the appraised value of the property, as | 8 | | determined by a licensed appraiser, does not exceed 25%; (iii) | 9 | | any existing mortgage holders have provided written consent; | 10 | | (iv) an assessment of the existing water or energy use and a | 11 | | modeling of expected monetary savings have been conducted for | 12 | | the proposed project; (v) the contractors to be used are | 13 | | registered and have agreed to adhere to a set of terms and | 14 | | conditions through a process established by the municipality or | 15 | | county; (vi) the contractors to be used have signed a written | 16 | | acknowledgement that the municipality or county will not | 17 | | authorize payment to the contractor until the municipality or | 18 | | county has received written conformation from the property | 19 | | owner that the improvement was properly installed and is | 20 | | operating as intended; (vii) the term of the tax or assessment | 21 | | does not exceed the useful life of the project paid for by the | 22 | | tax or assessment, provided that projects that consist of | 23 | | multiple improvements with varying lengths of useful life shall | 24 | | have the lengths blended to determine an overall tax or | 25 | | assessment term that does not exceed the useful life of the | 26 | | improvements in aggregate; and (viii) the property owner has |
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| 1 | | signed a certification that the municipality or county has | 2 | | complied with the provisions of this subsection (c), which | 3 | | shall be conclusive evidence as to compliance with those | 4 | | provisions, but shall not relieve any contractor, | 5 | | municipality, or county from any potential liability. | 6 | | (d) The contract or agreement in subsection (b) of this | 7 | | Section shall be in recordable form and shall be recorded in | 8 | | the office of the recorder in the county where the real | 9 | | property is located. | 10 | | (e) Any municipality or county with the authority to | 11 | | provide special service area financing in connection with green | 12 | | special service area projects, as provided in the Special | 13 | | Service Area Tax Law, may do any of the following: (i) issue | 14 | | special service area bonds pursuant to Section 27-45 of the | 15 | | Special Service Area Tax Law, as provided in subsection (a) of | 16 | | this Section, (ii) sell or assign those bonds to the Illinois | 17 | | Finance Authority or to a third party, and (iii) assign or | 18 | | pledge those special service area bonds, agreements relating to | 19 | | green special service area projects, or both to the Illinois | 20 | | Finance Authority or to a third party. | 21 | | (f) A municipality or county may join with any other | 22 | | municipality or county, or with any person, or with any number | 23 | | or combination thereof, by contract or otherwise as may be | 24 | | permitted by law, in a program to implement green special | 25 | | service areas in whole or in part. | 26 | | (g) This Section shall be liberally construed to effect the |
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| 1 | | legislative purpose of enabling eligible property owners to | 2 | | make energy efficiency improvements, renewable energy | 3 | | improvements, or water use improvements, or any combination | 4 | | thereof, to their properties. | 5 | | (35 ILCS 200/27-100 new) | 6 | | Sec. 27-100. Administrative fees. Notwithstanding any | 7 | | other provision of law, each municipality or county may charge | 8 | | administrative fees in connection with the administration of | 9 | | Special Service Areas. Such administrative fees may be | 10 | | collected from Special Service Area tax levies or assessments. | 11 | | (35 ILCS 200/27-105 new) | 12 | | Sec. 27-105. Third-party administration. Notwithstanding | 13 | | any other provision of law, a municipality or county may | 14 | | delegate by municipal or county ordinance a third-party | 15 | | not-for-profit corporation to administer all or any part of its | 16 | | Special Service Area program, including its Green Special | 17 | | Service Area program. | 18 | | Section 15. The Counties Code is amended by changing | 19 | | Section 5-1005 as follows: | 20 | | (55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005) | 21 | | Sec. 5-1005. Powers. Each county shall have power: | 22 | | 1. To purchase and hold the real and personal estate |
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| 1 | | necessary for the
uses of the county, and to purchase and | 2 | | hold, for the benefit of the
county, real estate sold by | 3 | | virtue of judicial proceedings in which the
county is | 4 | | plaintiff. | 5 | | 2. To sell and convey or lease any real or personal | 6 | | estate owned
by the county. | 7 | | 3. To make all contracts and do all other acts in | 8 | | relation to the
property and concerns of the county | 9 | | necessary to the exercise of its
corporate powers. | 10 | | 4. To take all necessary measures and institute | 11 | | proceedings to
enforce all laws for the prevention of | 12 | | cruelty to animals. | 13 | | 5. To purchase and hold or lease real estate upon which | 14 | | may be
erected and maintained buildings to be utilized for | 15 | | purposes of
agricultural experiments and to purchase, hold | 16 | | and use personal property
for the care and maintenance of | 17 | | such real estate in connection with such
experimental | 18 | | purposes. | 19 | | 6. To cause to be erected, or otherwise provided, | 20 | | suitable
buildings for, and maintain a county hospital and | 21 | | necessary branch
hospitals and/or a county sheltered care | 22 | | home or county nursing home for
the care of such sick, | 23 | | chronically ill or infirm persons as may by law
be proper | 24 | | charges upon the county, or upon other governmental units, | 25 | | and
to provide for the management of the same. The county | 26 | | board may
establish rates to be paid by persons seeking |
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| 1 | | care and treatment in such
hospital or home in accordance | 2 | | with their financial ability to meet such
charges, either | 3 | | personally or through a hospital plan or hospital
| 4 | | insurance, and the rates to be paid by governmental units, | 5 | | including the
State, for the care of sick, chronically ill | 6 | | or infirm persons admitted
therein upon the request of such | 7 | | governmental units. Any hospital
maintained by a county | 8 | | under this Section is authorized to provide any
service and | 9 | | enter into any contract or other arrangement not prohibited | 10 | | for
a hospital that is licensed under the Hospital | 11 | | Licensing Act, incorporated
under the General | 12 | | Not-For-Profit Corporation Act, and exempt from taxation
| 13 | | under paragraph (3) of subsection (c) of Section 501 of the | 14 | | Internal Revenue Code. | 15 | | 7. To contribute such sums of money toward erecting, | 16 | | building,
maintaining, and supporting any non-sectarian | 17 | | public hospital located
within its limits as the county | 18 | | board of the county shall deem proper. | 19 | | 8. To purchase and hold real estate for the | 20 | | preservation of forests,
prairies and other natural areas | 21 | | and to maintain and regulate the use thereof. | 22 | | 9. To purchase and hold real estate for the purpose of | 23 | | preserving
historical spots in the county, to restore, | 24 | | maintain and regulate the
use thereof and to donate any | 25 | | historical spot to the State. | 26 | | 10. To appropriate funds from the county treasury to be |
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| 1 | | used in
any manner to be determined by the board for the | 2 | | suppression,
eradication and control of tuberculosis among | 3 | | domestic cattle in such county. | 4 | | 11. To take all necessary measures to prevent forest | 5 | | fires and encourage
the maintenance and planting of trees | 6 | | and the preservation of forests. | 7 | | 12. To authorize the closing on Saturday mornings of | 8 | | all
offices of all county officers at the county seat of | 9 | | each county, and to
otherwise regulate and fix the days and | 10 | | the hours of opening and closing
of such offices, except | 11 | | when the days and the hours of opening and
closing of the | 12 | | office of any county officer are otherwise fixed by law;
| 13 | | but the power herein conferred shall not apply to the | 14 | | office of State's
Attorney and the offices of judges and | 15 | | clerks of courts and, in counties of
500,000 or more | 16 | | population, the offices of county clerk. | 17 | | 13. To provide for the conservation, preservation and
| 18 | | propagation of insectivorous birds through the expenditure | 19 | | of funds
provided for such purpose. | 20 | | 14. To appropriate funds from the county treasury and | 21 | | expend
the same for care and treatment of tuberculosis | 22 | | residents. | 23 | | 15. In counties having less than 1,000,000 | 24 | | inhabitants, to
take all necessary or proper steps for the | 25 | | extermination of mosquitoes,
flies or other insects within | 26 | | the county. |
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| 1 | | 16. To install an adequate system of accounts and | 2 | | financial
records in the offices and divisions of the | 3 | | county, suitable to the
needs of the office and in | 4 | | accordance with generally accepted principles
of | 5 | | accounting for governmental bodies, which system may | 6 | | include such
reports as the county board may determine. | 7 | | 17. To purchase and hold real estate for the | 8 | | construction and
maintenance of motor vehicle parking | 9 | | facilities for persons using county
buildings, but the | 10 | | purchase and use of such real estate shall not be for
| 11 | | revenue producing purposes. | 12 | | 18. To acquire and hold title to real property located | 13 | | within
the county, or partly within and partly outside the | 14 | | county by
dedication, purchase, gift, legacy or lease, for | 15 | | park and recreational
purposes and to charge reasonable | 16 | | fees for the use of or admission to
any such park or | 17 | | recreational area and to provide police protection for
such | 18 | | park or recreational area. Personnel employed to provide | 19 | | such
police protection shall be conservators of the peace | 20 | | within such park or
recreational area and shall have power | 21 | | to make arrests on view of the
offense or upon warrants for | 22 | | violation of any of the ordinances
governing such park or | 23 | | recreational area or for any breach of the peace
in the | 24 | | same manner as the police in municipalities organized and
| 25 | | existing under the general laws of the State. All such real | 26 | | property outside
the county shall be contiguous to the |
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| 1 | | county and within the boundaries of
the State of Illinois. | 2 | | 19. To appropriate funds from the county treasury to be | 3 | | used
to provide supportive social services designed to | 4 | | prevent the unnecessary
institutionalization of elderly | 5 | | residents, or, for operation of, and
equipment for, senior | 6 | | citizen centers providing social services to elderly
| 7 | | residents. | 8 | | 20. To appropriate funds from the county treasury and | 9 | | loan such funds
to a county water commission created under | 10 | | the "Water Commission Act",
approved June 30, 1984, as now | 11 | | or hereafter amended, in such amounts and
upon such terms | 12 | | as the county may determine or the county and the
| 13 | | commission may agree. The county shall not under any | 14 | | circumstances be
obligated to make such loans. The county | 15 | | shall not be required to charge
interest on any such loans. | 16 | | 21. To appropriate and expend funds from the county | 17 | | treasury for economic development purposes, including the | 18 | | making of grants to any other governmental entity or | 19 | | commercial enterprise deemed necessary or desirable for | 20 | | the promotion of economic development in the county.
| 21 | | 22. To lease space on a telecommunications tower to a | 22 | | public or private entity. | 23 | | 23. In counties having a population of 100,000 or less | 24 | | and a public building commission organized by the county | 25 | | seat of the county, to cause to be erected or otherwise | 26 | | provided, and to maintain or cause to be maintained, |
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| 1 | | suitable facilities to house students pursuing a | 2 | | post-secondary education at an academic institution | 3 | | located within the county. The county may provide for the | 4 | | management of the facilities. | 5 | | 24. To engage in and undertake activities related to | 6 | | and in connection with energy efficiency improvements, | 7 | | renewable energy improvements, and water use improvements, | 8 | | all as defined in the Special Service Area Tax Law, | 9 | | including, but not limited to, green special service area | 10 | | financing for energy efficiency improvements, renewable | 11 | | energy improvements, and water use improvements whether on | 12 | | public or private property, under the Special Service Area | 13 | | Tax Law. This item shall be liberally construed to effect | 14 | | the legislative purpose of enabling eligible property | 15 | | owners to make energy efficiency improvements, renewable | 16 | | energy improvements, and water use improvements to or | 17 | | serving the designated properties. | 18 | | All contracts for the purchase of coal under this Section | 19 | | shall be
subject to the provisions of "An Act concerning the | 20 | | use of Illinois mined
coal in certain plants and institutions", | 21 | | filed July 13, 1937, as amended. | 22 | | (Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09; | 23 | | 96-622, eff. 8-24-09.) | 24 | | Section 20. The Illinois Municipal Code is amended by | 25 | | adding Division 15.4 to Article 11 as follows: |
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| 1 | | (65 ILCS 5/Art. 11 Div. 15.4 heading new) | 2 | | DIVISION 15.4. GREEN SPECIAL SERVICE AREAS | 3 | | (65 ILCS 5/11-15.4-1 new) | 4 | | Sec. 11-15.4-1. Green special service areas. Each | 5 | | municipality shall have the power and authority to engage in | 6 | | and undertake activities related to and in connection with | 7 | | energy efficiency improvements, renewable energy improvements, | 8 | | and water use improvements, all as defined in the Special | 9 | | Service Area Tax Law, including, but not limited to, green | 10 | | special service area financing for those energy efficiency | 11 | | improvements, renewable energy improvements, and water use | 12 | | improvements whether on public or private property, under the | 13 | | Special Service Area Tax Law. This Section shall be liberally | 14 | | construed to effect the legislative purpose of enabling | 15 | | property owners to make energy efficiency improvements, | 16 | | renewable energy improvements, or water use improvements to or | 17 | | serving the designated properties.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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