Full Text of HB3646 96th General Assembly
HB3646eng 96TH GENERAL ASSEMBLY
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HB3646 Engrossed |
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LRB096 11170 RLJ 21553 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 | 5 |
| Renewable Energy Production District Act. | 6 |
| Section 5. Definition. "Renewable energy facility" means a | 7 |
| generator powered by solar electric energy, wind, dedicated | 8 |
| crops grown for electricity generation, anaerobic digestion of | 9 |
| livestock or food processing waste, fuel cells or microturbines | 10 |
| powered by renewable fuels, or hydroelectric energy. | 11 |
| Section 10. Renewable energy production district. Any area | 12 |
| within the boundaries of a single county may be incorporated as | 13 |
| a renewable energy production district. | 14 |
| Fifty or more of the legal voters resident within the | 15 |
| limits of the proposed district or a majority if there are | 16 |
| fewer than 100 legal voters, may petition the circuit court for | 17 |
| the county in which the proposed district is located to cause | 18 |
| the question to be submitted to the legal voters of the | 19 |
| proposed district whether the proposed territory shall be | 20 |
| organized as a renewable energy production district under this | 21 |
| Act. The petition shall be addressed to the court and shall | 22 |
| contain a definite description of the boundaries of the |
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HB3646 Engrossed |
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LRB096 11170 RLJ 21553 b |
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| territory to be embraced in the proposed district and the name | 2 |
| of the proposed district. The territory incorporated in any | 3 |
| district formed under this Act shall be contiguous and may | 4 |
| contain any territory not previously included in any renewable | 5 |
| energy production district. | 6 |
| Upon filing a petition, in the office of the circuit clerk | 7 |
| of the county in which the petition is made, the court shall | 8 |
| consider the boundaries of the renewable energy production | 9 |
| district whether the same shall be those stated in the petition | 10 |
| or otherwise. | 11 |
| Notice shall be given by the court of the time and place of | 12 |
| a hearing upon the subject of the petition. The notice shall be | 13 |
| inserted in one or more daily or weekly papers published within | 14 |
| the proposed renewable energy production district or, if no | 15 |
| daily or weekly newspaper is published within the proposed | 16 |
| renewable energy production district, then by posting at least | 17 |
| 10 copies in the proposed district at least 20 days before the | 18 |
| meeting in conspicuous places as far separated from each other | 19 |
| as consistently possible. | 20 |
| At the hearing, all persons in the proposed renewable | 21 |
| energy production district shall have an opportunity to be | 22 |
| heard touching the location and boundary of the proposed | 23 |
| district and make suggestions regarding the same, and the | 24 |
| court, after hearing statements, evidence, and suggestions, | 25 |
| shall fix and determine the limits and boundaries of the | 26 |
| proposed district, and for that purpose and to that extent, may |
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LRB096 11170 RLJ 21553 b |
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| alter and amend the petition. After the determination by the | 2 |
| court the limits and boundaries shall be incorporated in an | 3 |
| order, and the order shall be filed in the records of the | 4 |
| court. Upon the entering of the order, the court shall certify | 5 |
| the order and the proposition to the proper election officials, | 6 |
| who shall submit the proposition to the voters at an election | 7 |
| in accordance with the general election law. In addition to the | 8 |
| requirements of the general election law, notice of the | 9 |
| referendum shall include a description of the proposed district | 10 |
| and the name of the proposed district. | 11 |
| The proposition shall be in substantially the following | 12 |
| form: | 13 |
| Shall a renewable energy production district be | 14 |
| incorporated? | 15 |
| Votes shall be recorded as "YES" or "NO". | 16 |
| The court shall cause a statement of the results of the | 17 |
| election to be filed in the records of the court. If a majority | 18 |
| of the votes cast upon the question are in favor of the | 19 |
| incorporation of the proposed renewable energy production | 20 |
| district, the district shall thenceforth be an organized | 21 |
| renewable energy production district under this Act, and the | 22 |
| court shall enter an order accordingly and cause the same to be | 23 |
| filed in the records of the court and shall also cause to be | 24 |
| sent to the county clerk a certified copy of the order | 25 |
| organizing the district. |
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| Section 15. Board of trustees. A renewable energy | 2 |
| production district shall be governed by a board of trustees. | 3 |
| The board of trustees shall consist of 5 members. Within 90 | 4 |
| days after the order is entered organizing the district, the | 5 |
| county board in which the renewable energy production district | 6 |
| is located shall appoint the members of the board. The members | 7 |
| of the board shall serve for a period of 5 years. Vacancies | 8 |
| shall be filled in the same manner as appointments. The members | 9 |
| of the board shall annually elect one member to serve as the | 10 |
| chairperson. Members of the board shall serve without | 11 |
| compensation but may receive the reasonable cost of their | 12 |
| travel expenses. | 13 |
| Section 20. Powers. The board shall exercise all of the | 14 |
| powers and control all the affairs of a renewable energy | 15 |
| production district. | 16 |
| (a) The board may: | 17 |
| (1) construct, operate, and maintain a renewable | 18 |
| energy facility;
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| (2) contract with private or public entities to | 20 |
| construct, operate, or maintain a renewable energy | 21 |
| facility for the district;
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| (3) solicit and accept moneys from any legal source; | 23 |
| and
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| (4) sell the renewable energy produced by a renewable | 25 |
| energy facility.
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| (b) The board must remit all money collected from a | 2 |
| renewable energy facility to the county in which the district | 3 |
| is located.
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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