Illinois Compiled Statutes 70 ILCS 1950/20 – Powers of the board of trustees
Current as of: 2024 | Check for updates
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The board shall exercise all of the powers and control all the affairs of a renewable energy production special district.
(a) The board may:
(1) finance, acquire, construct, operate, maintain,
(a) The board may:
Terms Used In Illinois Compiled Statutes 70 ILCS 1950/20
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) finance, acquire, construct, operate, maintain,
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or dispose of a renewable energy facility;
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(2) contract with private or public entities to
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finance, acquire, construct, operate, maintain, or dispose of a renewable energy facility for the district;
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(3) solicit and accept moneys from any legal source;
(4) sell the renewable energy produced by a renewable
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energy facility;
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(5) acquire, purchase, own, lease, rent, sell, and
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convey interests in real and tangible and intangible personal property;
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(6) purchase insurance;
(7) sue and be sued;
(8) hire employees, prescribe their duties and fix
(7) sue and be sued;
(8) hire employees, prescribe their duties and fix
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their compensation;
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(9) adopt and use a seal;
(10) make and execute contracts, loans, leases,
(10) make and execute contracts, loans, leases,
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subleases, installation purchase agreements, notes and other instruments evidencing financial obligations, and other instruments necessary or convenient in the exercise of its powers;
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(11) make, adopt, amend, and repeal ordinances,
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resolutions, bylaws, rules, and regulations not inconsistent with this Act, provided, however, that such ordinances, resolutions, bylaws, rules, and regulations shall not be applicable to the operation and maintenance of renewable energy or waste disposal activities by private businesses or concerns or other public entities;
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(12) sell, lease, sublease, license, transfer,
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convey, or otherwise dispose of any of its real or personal property, or interests therein, in whole or in part, at any time upon such terms and conditions as it may determine;
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(13) invest funds, not required for immediate
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disbursement, in property or agreements;
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(14) apply for, accept and use grants, loans, or
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other financial assistance from any private entity or municipal, county, State, or federal governmental agency or other public entity;
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(15) employ or enter into contracts for the
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employment of any person, firm, or corporation, and for professional services, necessary or desirable for the accomplishment of the corporate objects of the district or the proper administration, management, protection or control of its property and assets; and
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(16) make and execute all contracts and other
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instruments necessary or convenient to the exercise of its powers.
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This Section shall be liberally construed to give effect to its purposes.
(b) The board must:
(1) remit all money collected from a renewable energy
(b) The board must:
(1) remit all money collected from a renewable energy
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facility, exclusive of operations, maintenance, capital, debt service, and investment costs, to the county in which the district is located; and
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(2) comply with the requirements that apply to
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pollution control facilities under the Environmental Protection Act, as well as any other applicable permitting and regulatory requirements under that Act, if it intends to own, operate, or construct a generator that is attached to a building or parcel of land and is powered by fuel cells or microturbines.
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(c) The board is not authorized to and shall not use eminent domain or quick take proceedings to acquire property.