Public Act 096-0435
 
SB2338 Enrolled LRB096 09432 MJR 19589 b

    AN ACT concerning utilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Utilities Act is amended by changing
Section 19-105 as follows:
 
    (220 ILCS 5/19-105)
    Sec. 19-105. Definitions. For the purposes of this Article,
the following terms shall be defined as set forth in this
Section.
    "Alternative gas supplier" means every person,
cooperative, corporation, municipal corporation, company,
association, joint stock company or association, firm,
partnership, individual, or other entity, their lessees,
trustees, or receivers appointed by any court whatsoever, that
offers gas for sale, lease, or in exchange for other value
received to one or more customers, or that engages in the
furnishing of gas to one or more customers, and shall include
affiliated interests of a gas utility, resellers, aggregators
and marketers, but shall not include (i) gas utilities (or any
agent of the gas utility to the extent the gas utility provides
tariffed services to customers through an agent); (ii) public
utilities that are owned and operated by any political
subdivision, public institution of higher education or
municipal corporation of this State, or public utilities that
are owned by a political subdivision, public institution of
higher education, or municipal corporation and operated by any
of its lessees or operating agents; (iii) natural gas
cooperatives that are not-for-profit corporations operated for
the purpose of administering, on a cooperative basis, the
furnishing of natural gas for the benefit of their members who
are consumers of natural gas; and (iv) the ownership or
operation of a facility that sells compressed natural gas at
retail to the public for use only as a motor vehicle fuel and
the selling of compressed natural gas at retail to the public
for use only as a motor vehicle fuel.
    "Gas utility" means a public utility, as defined in Section
3-105 of this Act, that has a franchise, license, permit, or
right to furnish or sell gas or transportation services to
customers within a service area.
    "Residential customer" means a customer who receives gas
utility service for household purposes distributed to a
dwelling of 2 or fewer units which is billed under a
residential rate or gas utility service for household purposes
distributed to a dwelling unit or units which is billed under a
residential rate and is registered by a separate meter for each
dwelling unit.
    "Service area" means (i) the geographic area within which a
gas utility was lawfully entitled to provide gas to customers
as of the effective date of this amendatory Act of the 92nd
General Assembly and includes (ii) the location of any customer
to which the gas utility was lawfully providing gas utility
services on such effective date.
    "Single billing" means the combined billing of the services
provided by both a natural gas utility and an alternative gas
supplier to any customer who has enrolled in a customer choice
program.
    "Small commercial customer" means a nonresidential retail
customer of a natural gas utility who is identified by the
alternative gas supplier, prior to becoming a customer of the
alternative gas supplier, as consuming 5,000 or fewer therms of
natural gas during the previous year; provided that any
alternative gas supplier may remove the customer from
designation as a "small commercial customer" if the customer
consumes more than 5,000 therms of natural gas in any calendar
year after becoming a customer of the alternative gas supplier.
    "Tariffed service" means a service provided to customers by
a gas utility as defined by its rates on file with the
Commission pursuant to the provisions of Article IX of this
Act.
    "Transportation services" means those services provided by
the gas utility that are necessary in order for the storage,
transmission and distribution systems to function so that
customers located in the gas utility's service area can receive
gas from suppliers other than the gas utility and shall
include, without limitation, standard metering and billing
services.
(Source: P.A. 94-738, eff. 5-4-06.)