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| Public Act 094-0738 |
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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 | ||||
Sections 3-105, 3-121, and 19-105 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 | ||||
includes, except where
otherwise expressly provided in this | ||||
Section, every corporation, company,
limited liability | ||||
company, association, joint stock company or association,
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firm, partnership or individual, their lessees, trustees, or | ||||
receivers
appointed by any court whatsoever that owns, | ||||
controls, operates or manages,
within this State, directly or | ||||
indirectly, for public use, any plant, equipment
or property | ||||
used or to be used for or in connection with, or owns or | ||||
controls
any franchise, license, permit or right to engage in:
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a. the production, storage, transmission, sale, | ||||
delivery or furnishing of
heat, cold, power, electricity, | ||||
water, or light, except when used solely for
communications | ||||
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 | ||||
political
subdivision, public institution of higher | ||||
education or municipal
corporation of this State, or public | ||||
utilities that are owned by such
political subdivision, | ||||
public institution of higher education, or
municipal | ||||
corporation and operated by any of its lessees or operating | ||||
agents;
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2. water companies which are purely mutual concerns, | ||||
having no rates
or charges for services, but paying the | ||||
operating expenses by assessment
upon the members of such a | ||
company and no other person;
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3. electric cooperatives as defined in Section 3-119;
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4. the following natural gas cooperatives:
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(A) residential natural gas cooperatives that are | ||
not-for-profit
corporations
established for the | ||
purpose of administering and operating, on
a | ||
cooperative basis, the furnishing of natural gas to | ||
residences for the
benefit of their members
who are | ||
residential consumers of natural gas. For
entities | ||
qualifying as residential
natural gas cooperatives and | ||
recognized
by the Illinois Commerce Commission as | ||
such, the State shall guarantee
legally binding | ||
contracts entered into by residential
natural gas
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cooperatives for the express purpose of acquiring | ||
natural gas supplies for
their members. The Illinois | ||
Commerce Commission shall establish rules and
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regulations providing for such guarantees. The total | ||
liability of the
State in providing all such guarantees | ||
shall not at any time exceed
$1,000,000, nor shall the | ||
State provide such a guarantee to a residential
natural | ||
gas cooperative for more than 3 consecutive years; and
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(B) 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 and that, prior to 90 days after the effective | ||
date of this amendatory Act of the 94th General | ||
Assembly, either had acquired or had entered into an | ||
asset purchase agreement to acquire all or | ||
substantially all of the operating assets of a public | ||
utility or natural gas cooperative with the intention | ||
of operating those assets as a natural gas cooperative;
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5. sewage disposal companies which provide sewage | ||
disposal services
on a mutual basis without establishing | ||
rates or charges for services,
but paying the operating | ||
expenses by assessment upon the members of the
company and | ||
no others;
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6. (Blank);
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7. cogeneration facilities, small power production | ||
facilities, and other
qualifying facilities, as defined in | ||
the Public Utility Regulatory Policies Act
and regulations | ||
promulgated thereunder, except to the extent State | ||
regulatory
jurisdiction and action is required or | ||
authorized by federal law, regulations,
regulatory | ||
decisions or the decisions of federal or State courts of | ||
competent
jurisdiction;
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8. 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; and
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9. alternative retail electric suppliers as defined in | ||
Article XVI.
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(Source: P.A. 89-42, eff. 1-1-96; 90-561, eff. 12-16-97.)
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(220 ILCS 5/3-121) (from Ch. 111 2/3, par. 3-121)
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Sec. 3-121. As used in Section 2-202 of this Act, the term
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"gross revenue" includes all revenue which (1) is collected by | ||
a public
utility subject to regulations under this Act (a) | ||
pursuant to the rates,
other charges, and classifications which | ||
it is required to file under
Section 9-102 of this Act and (b) | ||
pursuant to emergency rates as permitted by
Section 9-104 of | ||
this Act, and (2) is derived from the intrastate public
utility | ||
business of such a utility. Such term does not include revenue
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derived by such a public utility from the sale of public | ||
utility services,
products or commodities to another public | ||
utility,
or to an electric
cooperative, or to a natural gas | ||
cooperative for resale by such public utility,
or electric | ||
cooperative, or natural gas cooperative.
"Gross revenue" shall | ||
not include any charges added to customers' bills
pursuant to | ||
the provisions of Section 9-221, 9-221.1 and 9-222 of this Act
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or consideration received from business enterprises certified | ||
under
Section 9-222.1 of this Act to the extent of such | ||
exemption and during the
period in which the exemption is in | ||
effect.
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(Source: P.A. 85-1021.)
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(220 ILCS 5/19-105)
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Sec. 19-105. Definitions. For the purposes of this Article, | ||
the following
terms shall be defined as set forth in this | ||
Section.
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"Alternative gas supplier" means every person, | ||
cooperative, corporation,
municipal corporation, company, | ||
association, joint stock company or
association, firm,
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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
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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
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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
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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) residential
natural | ||
gas cooperatives that are not-for-profit corporations operated
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established for
the purpose of administering and operating, on | ||
a cooperative basis, the
furnishing of natural gas to | ||
residences for the benefit of their members who
are residential
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consumers of natural gas; and (iv) the ownership or operation
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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.
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"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
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customers within a service area.
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"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.
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"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.
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"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.
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"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.
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"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
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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
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services.
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(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
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Section 15. The General Not For Profit Corporation Act of | ||
1986 is amended by changing Section 103.05 as follows:
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(805 ILCS 105/103.05) (from Ch. 32, par. 103.05)
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Sec. 103.05. Purposes and authority of corporations;
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particular purposes; exemptions.
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(a) Not-for-profit corporations may be organized under | ||
this Act for any
one or more of the following or similar | ||
purposes:
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(1) Charitable.
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(2) Benevolent.
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(3) Eleemosynary.
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(4) Educational.
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(5) Civic.
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(6) Patriotic.
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(7) Political.
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(8) Religious.
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(9) Social.
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(10) Literary.
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(11) Athletic.
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(12) Scientific.
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(13) Research.
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(14) Agricultural.
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(15) Horticultural.
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(16) Soil improvement.
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(17) Crop improvement.
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(18) Livestock or poultry improvement.
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(19) Professional, commercial, industrial, or trade | ||
association.
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(20) Promoting the development, establishment, or | ||
expansion
of industries.
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(21) Electrification on a cooperative basis.
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(22) Telephone service on a mutual or cooperative | ||
basis.
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(23) Ownership and operation of water supply | ||
facilities for
drinking and general domestic use on a | ||
mutual or cooperative basis.
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(24) Ownership or administration of residential | ||
property on a
cooperative basis.
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(25) Administration and operation of property owned on | ||
a
condominium basis or by a homeowner association.
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(26) Administration and operation of an organization | ||
on a
cooperative basis producing or furnishing goods, | ||
services,
or facilities primarily for the benefit of its | ||
members who
are consumers of those goods, services, or | ||
facilities.
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(27) Operation of a community mental health board or | ||
center
organized pursuant to the Community Mental Health | ||
Act for the purpose of
providing direct patient services.
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(28) Provision of debt management services as | ||
authorized by the Debt
Management Service Act.
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(29) Promotion, operation, and administration of a
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ridesharing arrangement as defined in Section 1-176.1 of
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the Illinois Vehicle Code.
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(30) The administration and operation of an | ||
organization for the
purpose of assisting low-income | ||
consumers in the acquisition of utility and
telephone | ||
services.
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(31) Any purpose permitted to be exempt from taxation | ||
under
Sections 501(c) or 501(d)
of the United States | ||
Internal Revenue Code,
as now in
or hereafter amended.
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(32) Any purpose that would qualify for tax-deductible | ||
gifts under the
Section 170(c) of the United States | ||
Internal Revenue Code, as now
or hereafter amended. Any | ||
such purpose is deemed to be charitable
under subsection | ||
(a)(1) of this Section.
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(33) Furnishing of natural gas on a cooperative basis.
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(b) A corporation may be organized hereunder to serve in an
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area that adjoins or borders (except for any intervening
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natural watercourse) an area located in an adjoining state
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intended to be similarly served, and the corporation may
join | ||
any corporation created by the adjoining state having
an | ||
identical purpose and organized as a not-for-profit
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corporation. Whenever any corporation organized under this
Act | ||
so joins with a foreign corporation having an identical
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purpose, the corporation shall be permitted to do business
in | ||
Illinois as one corporation; provided (1) that the name,
bylaw | ||
provisions, officers, and directors of each
corporation are | ||
identical, (2) that the foreign corporation
complies with the | ||
provisions of this Act relating to the
admission of foreign | ||
corporation, and (3) that the Illinois
corporation files a | ||
statement with the Secretary of State
indicating that it has | ||
joined with a foreign corporation
setting forth the name | ||
thereof and the state of its incorporation.
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(Source: P.A. 92-33, eff. 7-1-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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