Full Text of SB0096 94th General Assembly
SB0096 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0096
Introduced 1/26/2005, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/3-105 |
from Ch. 111 2/3, par. 3-105 |
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Amends the Public Utilities Act. Provides that the term "public utility" does not include the ownership or operation of a facility that distributes primarily propane by pipeline and sells it at retail, except in cases where there is no alternative source of propane reasonably available to the customers being served. Effective immediately.
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A BILL FOR
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SB0096 |
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LRB094 06583 MKM 36674 b |
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| AN ACT concerning regulation.
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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 5. The Public Utilities Act is amended by changing | 5 |
| Section 3-105 as follows:
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| (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
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| Sec. 3-105. Public utility. "Public utility" means and | 8 |
| includes, except where
otherwise expressly provided in this | 9 |
| Section, every corporation, company,
limited liability | 10 |
| company, association, joint stock company or association,
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| firm, partnership or individual, their lessees, trustees, or | 12 |
| receivers
appointed by any court whatsoever that owns, | 13 |
| controls, operates or manages,
within this State, directly or | 14 |
| indirectly, for public use, any plant, equipment
or property | 15 |
| used or to be used for or in connection with, or owns or | 16 |
| controls
any franchise, license, permit or right to engage in:
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| a. the production, storage, transmission, sale, | 18 |
| delivery or furnishing of
heat, cold, power, electricity, | 19 |
| water, or light, except when used solely for
communications | 20 |
| purposes;
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| b. the disposal of sewerage; or
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| c. the conveyance of oil or gas by pipe line.
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| "Public utility" does not include, however:
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| 1. public utilities that are owned and operated by any | 25 |
| political
subdivision, public institution of higher | 26 |
| education or municipal
corporation of this State, or public | 27 |
| utilities that are owned by such
political subdivision, | 28 |
| public institution of higher education, or
municipal | 29 |
| corporation and operated by any of its lessees or operating | 30 |
| agents;
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| 2. water companies which are purely mutual concerns, | 32 |
| having no rates
or charges for services, but paying the |
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SB0096 |
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LRB094 06583 MKM 36674 b |
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| operating expenses by assessment
upon the members of such a | 2 |
| company and no other person;
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| 3. electric cooperatives as defined in Section 3-119;
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| 4. residential natural gas cooperatives that are | 5 |
| not-for-profit
corporations established for the purpose of | 6 |
| administering and operating, on
a cooperative basis, the | 7 |
| furnishing of natural gas to residences for the
benefit of | 8 |
| their members who are residential consumers of natural gas. | 9 |
| For
entities qualifying as residential natural gas | 10 |
| cooperatives and recognized
by the Illinois Commerce | 11 |
| Commission as such, the State shall guarantee
legally | 12 |
| binding contracts entered into by residential natural gas
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| cooperatives for the express purpose of acquiring natural | 14 |
| gas supplies for
their members. The Illinois Commerce | 15 |
| Commission shall establish rules and
regulations providing | 16 |
| for such guarantees. The total liability of the
State in | 17 |
| providing all such guarantees shall not at any time exceed
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| $1,000,000, nor shall the State provide such a guarantee to | 19 |
| a residential
natural gas cooperative for more than 3 | 20 |
| consecutive years;
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| 5. sewage disposal companies which provide sewage | 22 |
| disposal services
on a mutual basis without establishing | 23 |
| rates or charges for services,
but paying the operating | 24 |
| expenses by assessment upon the members of the
company and | 25 |
| no others;
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| 6. (Blank);
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| 7. cogeneration facilities, small power production | 28 |
| facilities, and other
qualifying facilities, as defined in | 29 |
| the Public Utility Regulatory Policies Act
and regulations | 30 |
| promulgated thereunder, except to the extent State | 31 |
| regulatory
jurisdiction and action is required or | 32 |
| authorized by federal law, regulations,
regulatory | 33 |
| decisions or the decisions of federal or State courts of | 34 |
| competent
jurisdiction;
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| 8. the ownership or operation of a facility that sells | 36 |
| compressed
natural gas at retail to the public for use only |
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LRB094 06583 MKM 36674 b |
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| as a motor vehicle fuel
and the selling of compressed | 2 |
| natural gas at retail to the public for use
only as a motor | 3 |
| vehicle fuel; and
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| 9. alternative retail electric suppliers as defined in | 5 |
| Article XVI ; and .
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| 10. the ownership or operation of a facility that | 7 |
| distributes primarily propane by pipeline and sells it at | 8 |
| retail, except in cases where there is no alternative | 9 |
| source of propane reasonably available to the customers | 10 |
| being served.
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| (Source: P.A. 89-42, eff. 1-1-96; 90-561, eff. 12-16-97.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
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