Full Text of SB0050 102nd General Assembly
SB0050 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0050 Introduced 1/29/2021, by Sen. Rachelle Crowe 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. Changes the definition of "public utility" to exclude commercial natural gas cooperatives. Provides that for a commercial natural gas cooperative to qualify and be recognized by the Illinois Commerce Commission, the properties that receive retail natural gas service from each commercial natural gas cooperative: (i) shall not have a public utility-owned natural gas transportation pipeline located within the properties at the time of commencement of service; (ii) shall comprise of not less than 500 acres and not more than 2,500 acres, which territory does not need to be contiguous; and (iii) shall be used exclusively for non-residential purposes. Effective July 1, 2021.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 3-105 as follows:
| 6 | | (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
| 7 | | Sec. 3-105. Public utility. | 8 | | (a) "Public utility" means and includes, except where
| 9 | | otherwise expressly provided in this Section, every | 10 | | corporation, company,
limited liability company, association, | 11 | | joint stock company or association,
firm, partnership or | 12 | | individual, their lessees, trustees, or receivers
appointed by | 13 | | any court whatsoever that owns, controls, operates or manages,
| 14 | | within this State, directly or indirectly, for public use, any | 15 | | plant, equipment
or property used or to be used for or in | 16 | | connection with, or owns or controls
any franchise, license, | 17 | | permit or right to engage in:
| 18 | | (1) the production, storage, transmission, sale, | 19 | | delivery or furnishing of
heat, cold, power, electricity, | 20 | | water, or light, except when used solely for
| 21 | | communications purposes;
| 22 | | (2) the disposal of sewerage; or
| 23 | | (3) the conveyance of oil or gas by pipe line.
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| 1 | | (b) "Public utility" does not include, however:
| 2 | | (1) public utilities that are owned and operated by | 3 | | any political
subdivision, public institution of higher | 4 | | education or municipal
corporation of this State, or | 5 | | public utilities that are owned by such
political | 6 | | subdivision, public institution of higher education, or
| 7 | | municipal corporation and operated by any of its lessees | 8 | | or operating agents;
| 9 | | (2) water companies which are purely mutual concerns, | 10 | | having no rates
or charges for services, but paying the | 11 | | operating expenses by assessment
upon the members of such | 12 | | a company and no other person;
| 13 | | (3) electric cooperatives as defined in Section 3-119;
| 14 | | (4) the following natural gas cooperatives:
| 15 | | (A) residential and commercial natural gas | 16 | | cooperatives that are not-for-profit
corporations
| 17 | | established for the purpose of administering and | 18 | | operating, on
a cooperative basis, the furnishing of | 19 | | natural gas to residences and commercial enterprises | 20 | | for the
benefit of their members
who are residential | 21 | | consumers of natural gas. For
entities qualifying as | 22 | | residential
natural gas cooperatives and recognized
by | 23 | | the Illinois Commerce Commission as such, the State | 24 | | shall guarantee
legally binding contracts entered into | 25 | | by residential
natural gas
cooperatives for the | 26 | | express purpose of acquiring natural gas supplies for
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| 1 | | their members. The Illinois Commerce Commission shall | 2 | | establish rules and
regulations providing for such | 3 | | guarantees. The total liability of the
State in | 4 | | providing all such guarantees shall not at any time | 5 | | exceed
$1,000,000, nor shall the State provide such a | 6 | | guarantee to a residential
natural gas cooperative for | 7 | | more than 3 consecutive years . For a commercial | 8 | | natural gas cooperative to qualify and be recognized | 9 | | by the Illinois Commerce Commission, the properties | 10 | | that receive retail natural gas service from each | 11 | | commercial natural gas cooperative: (i) shall not have | 12 | | a public utility-owned natural gas transportation | 13 | | pipeline located within the properties at the time of | 14 | | commencement of service; (ii) shall comprise of not | 15 | | less than 500 acres and not more than 2,500 acres, | 16 | | which territory does not need to be contiguous; and | 17 | | (iii) shall be used exclusively for non-residential | 18 | | purposes ; and
| 19 | | (B) natural gas cooperatives that are | 20 | | not-for-profit corporations operated for the purpose | 21 | | of administering, on a cooperative basis, the | 22 | | furnishing of natural gas for the benefit of their | 23 | | members and that, prior to 90 days after the effective | 24 | | date of this amendatory Act of the 94th General | 25 | | Assembly, either had acquired or had entered into an | 26 | | asset purchase agreement to acquire all or |
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| 1 | | substantially all of the operating assets of a public | 2 | | utility or natural gas cooperative with the intention | 3 | | of operating those assets as a natural gas | 4 | | cooperative;
| 5 | | (5) sewage disposal companies which provide sewage | 6 | | disposal services
on a mutual basis without establishing | 7 | | rates or charges for services,
but paying the operating | 8 | | expenses by assessment upon the members of the
company and | 9 | | no others;
| 10 | | (6) (blank);
| 11 | | (7) cogeneration facilities, small power production | 12 | | facilities, and other
qualifying facilities, as defined in | 13 | | the Public Utility Regulatory Policies Act
and regulations | 14 | | promulgated thereunder, except to the extent State | 15 | | regulatory
jurisdiction and action is required or | 16 | | authorized by federal law, regulations,
regulatory | 17 | | decisions or the decisions of federal or State courts of | 18 | | competent
jurisdiction;
| 19 | | (8) the ownership or operation of a facility that | 20 | | sells compressed
natural gas at retail to the public for | 21 | | use only as a motor vehicle fuel
and the selling of | 22 | | compressed natural gas at retail to the public for use
| 23 | | only as a motor vehicle fuel;
| 24 | | (9) alternative retail electric suppliers as defined | 25 | | in Article XVI; and
| 26 | | (10) the Illinois Power Agency.
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| 1 | | (c) An entity that furnishes the service of charging | 2 | | electric vehicles does not and shall not be deemed to sell | 3 | | electricity and
is not and shall not be deemed a public utility | 4 | | notwithstanding the basis on which the service is provided or | 5 | | billed. If, however, the entity is otherwise deemed a public | 6 | | utility under this Act, or is otherwise
subject to regulation | 7 | | under this Act, then that entity is not exempt
from and remains | 8 | | subject to the otherwise applicable provisions of this Act. | 9 | | The installation, maintenance, and repair of an electric | 10 | | vehicle charging station shall comply with the requirements of | 11 | | subsection (a) of Section 16-128 and Section 16-128A of this | 12 | | Act. | 13 | | For purposes of this subsection, the term "electric | 14 | | vehicles" has the
meaning ascribed to that term in Section 10 | 15 | | of the Electric Vehicle
Act. | 16 | | (Source: P.A. 97-1128, eff. 8-28-12.)
| 17 | | Section 99. Effective date. This Act takes effect July 1, | 18 | | 2021.
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