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| Public Act 097-0265 | ||||
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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 | ||||
Renewable Energy Production District Act. | ||||
Section 5. Definition. "Renewable energy facility" means a | ||||
generator attached to a building or parcel of land that is | ||||
powered by solar electric energy or wind, dedicated crops grown | ||||
for electricity generation, anaerobic digestion of livestock | ||||
or food processing waste, fuel cells or microturbines powered | ||||
by renewable fuels, or hydroelectric energy. | ||||
Section 10. Renewable energy production district. Any area | ||||
within the boundaries of a single county may be incorporated as | ||||
a renewable energy production district. | ||||
Fifty or more of the legal voters resident within the | ||||
limits of the proposed district or a majority if there are | ||||
fewer than 100 legal voters, may petition the circuit court for | ||||
the county in which the proposed district is located to cause | ||||
the question to be submitted to the legal voters of the | ||||
proposed district whether the proposed territory shall be | ||||
organized as a renewable energy production district under this | ||||
Act. The petition shall be addressed to the court and shall | ||||
contain a definite description of the boundaries of the | ||
territory to be embraced in the proposed district and the name | ||
of the proposed district. The territory incorporated in a | ||
district formed under this Act shall be contiguous and may | ||
contain any territory not previously included in any renewable | ||
energy production district. | ||
Upon filing a petition, in the office of the circuit clerk | ||
of the county in which the petition is made, the court shall | ||
consider the boundaries of the renewable energy production | ||
district whether the same shall be those stated in the petition | ||
or otherwise. | ||
Notice shall be given by the court of the time and place of | ||
a hearing upon the subject of the petition. The notice shall be | ||
published in one or more newspapers of general circulation | ||
within the proposed renewable energy production district or, if | ||
there is no newspaper of general circulation within the | ||
proposed renewable energy production district, then by posting | ||
at least 10 copies in the proposed district at least 20 days | ||
before the meeting in conspicuous places as far separated from | ||
each other as consistently possible. | ||
At the hearing, all persons in the proposed renewable | ||
energy production district shall have an opportunity to be | ||
heard concerning the location and boundary of the proposed | ||
district and make suggestions regarding the same, and the | ||
court, after hearing statements, evidence, and suggestions, | ||
shall fix and determine the limits and boundaries of the | ||
proposed district, and for that purpose and to that extent, may | ||
alter and amend the petition. After the determination by the | ||
court the limits and boundaries shall be incorporated in an | ||
order, and the order shall be filed in the records of the | ||
court. Upon the entering of the order, the court shall certify | ||
the order and the proposition to the proper election officials, | ||
who shall submit the proposition to the voters at an election | ||
in accordance with the general election law. In addition to the | ||
requirements of the general election law, notice of the | ||
referendum shall include a description of the proposed district | ||
and the name of the proposed district. | ||
The proposition shall be in substantially the following | ||
form: | ||
Shall a renewable energy production district be | ||
incorporated? | ||
Votes shall be recorded as "YES" or "NO". | ||
The court shall cause a statement of the results of the | ||
election to be filed in the records of the court. If a majority | ||
of the votes cast upon the question are in favor of the | ||
incorporation of the proposed renewable energy production | ||
district, then the district shall thereafter be an organized | ||
renewable energy production district under this Act, and the | ||
court shall enter an order accordingly and cause the same to be | ||
filed in the records of the court and shall also send to the | ||
county clerk a certified copy of the order organizing the | ||
district. | ||
Section 15. Board of trustees. A renewable energy | ||
production district shall be governed by a board of trustees. | ||
The board of trustees shall consist of 5 members. Within 90 | ||
days after the order is entered organizing the district, the | ||
county board in which the renewable energy production district | ||
is located shall appoint the members of the board. Of the | ||
initial members, 3 shall serve for a 3-year term and 2 shall | ||
serve for a 5-year term, as determined by lot. Thereafter, the | ||
members of the board shall serve for a 5-year term. Vacancies | ||
shall be filled in the same manner as appointments. The members | ||
of the board shall annually elect one member to serve as the | ||
chairperson. Members of the board shall serve without | ||
compensation but may receive the reasonable cost of their | ||
travel expenses. | ||
Section 20. Powers. The board shall exercise all of the | ||
powers and control all the affairs of a renewable energy | ||
production district. | ||
(a) The board may: | ||
(1) construct, operate, and maintain a renewable | ||
energy facility;
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(2) contract with private or public entities to | ||
construct, operate, or maintain a renewable energy | ||
facility for the district;
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(3) solicit and accept moneys from any legal source; | ||
and
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(4) sell the renewable energy produced by a renewable | ||
energy facility.
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(b) The board must remit all money collected from a | ||
renewable energy facility to the county in which the district | ||
is located.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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