Illinois General Assembly - Full Text of Public Act 095-0814
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Public Act 095-0814




Public Act 095-0814
HB4838 Enrolled LRB095 18999 AMC 45171 b

    AN ACT concerning regulation.
    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 9-225 as follows:
    (220 ILCS 5/9-225)  (from Ch. 111 2/3, par. 9-225)
    Sec. 9-225. (1) For the purposes of this Section:
    (a) "Advertising" means the commercial use, by an electric,
or gas, water, or sewer utility, of any media, including
newspapers, printed matter, radio and television, in order to
transmit a message to a substantial number of members of the
public or to such utility's consumers;
    (b) "Political advertising" means any advertising for the
purpose of influencing public opinion with respect to
legislative, administrative or electoral matters, or with
respect to any controversial issue of public importance;
    (c) "Promotional advertising" means any advertising for
the purpose of encouraging any person to select or use the
service or additional service of a utility or the selection or
installation of any appliance or equipment designed to use such
utility's service; and
    (d) "Goodwill or institutional advertising" means any
advertising either on a local or national basis designed
primarily to bring the utility's name before the general public
in such a way as to improve the image of the utility or to
promote controversial issues for the utility or the industry.
    (2) In any general rate increase requested by any gas, or
electric, water, or sewer utility company under the provisions
of this Act, the Commission shall not consider, for the purpose
of determining any rate, charge or classification of costs, any
direct or indirect expenditures for promotional, political,
institutional or goodwill advertising, unless the Commission
finds the advertising to be in the best interest of the
Consumer or authorized as provided pursuant to subsection 3 of
this Section.
    (3) The following categories of advertising shall be
considered allowable operating expenses for gas, or electric,
water, or sewer utilities:
    (a) Advertising which informs consumers how they can
conserve energy or water, or can reduce peak demand for
electric or gas energy, or reduce demand for water;
    (b) Advertising required by law or regulations, including
advertising required under Part I of Title II of the National
Energy Conservation Policy Act;
    (c) Advertising regarding service interruptions, safety
measures or emergency conditions;
    (d) Advertising concerning employment opportunities with
such utility;
    (e) Advertising which promotes the use of energy efficient
appliances, equipment or services;
    (f) Explanations of existing or proposed rate schedules or
notifications of hearings thereon;
    (g) Advertising that identifies the location and operating
hours of company business offices;
    (h) Advertising which promotes the shifting of demand from
peak to off-peak hours or which encourages the off-peak usage
of the service; and
    (i) "Other" categories of advertisements not includable in
paragraphs (a) through (h), but which are not political,
promotional, institutional or goodwill advertisements.
(Source: P.A. 84-617.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/13/2008