(220 ILCS 5/Art. III heading)
(220 ILCS 5/3-101) (from Ch. 111 2/3, par. 3-101)
Sec. 3-101. Definitions. Unless otherwise specified, the terms set forth
in Sections 3-102 through 3-126 are used in this Act as therein defined.
(Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-813, eff. 7-13-12.)
(220 ILCS 5/3-102) (from Ch. 111 2/3, par. 3-102)
Sec. 3-102.
"Commission" means the Illinois Commerce Commission, which is
created and established under the provisions of this Act.
(Source: P.A. 84-617.)
(220 ILCS 5/3-103) (from Ch. 111 2/3, par. 3-103)
Sec. 3-103.
"Commissioner" means one of the members of the Commission.
(Source: P.A. 84-617.)
(220 ILCS 5/3-104) (from Ch. 111 2/3, par. 3-104)
Sec. 3-104.
"Executive Director" means the person holding the position of
Executive Director created and established under the provisions of this Act.
(Source: P.A. 84-617.)
(220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
Sec. 3-105. Public utility.
(a) "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,
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:
(b) "Public utility" does not include, however:
(c) An entity that furnishes the service of charging electric vehicles does not and shall not be deemed to sell electricity and
is not and shall not be deemed a public utility notwithstanding the basis on which the service is provided or billed. If, however, the entity is otherwise deemed a public utility under this Act, or is otherwise
subject to regulation under this Act, then that entity is not exempt
from and remains subject to the otherwise applicable provisions of this Act. The installation, maintenance, and repair of an electric vehicle charging station shall comply with the requirements of subsection (a) of Section 16-128 and Section 16-128A of this Act.
For purposes of this subsection, the term "electric vehicles" has the
meaning ascribed to that term in Section 10 of the Electric Vehicle
Act.
(Source: P.A. 97-1128, eff. 8-28-12.)
(220 ILCS 5/3-112) (from Ch. 111 2/3, par. 3-112)
Sec. 3-112.
"Company," when used in connection with a public utility,
includes any corporation, company, limited liability company, association,
joint stock company or association, firm, partnership or individual, their
lessees, trustees, or receivers appointed by any court whatsoever, owning,
holding, operating, controlling or managing such a public utility, but not
municipal corporations. "Company" when used other than in connection with a
public utility, includes any corporation, company, limited liability company,
association, joint stock company or association, firm or partnership, but does
not include municipal corporations.
(Source: P.A. 88-480.)
(220 ILCS 5/3-113) (from Ch. 111 2/3, par. 3-113)
Sec. 3-113.
"Corporation" includes any corporation, company, limited
liability company, association, joint stock company or association, but not
municipal corporations.
(Source: P.A. 88-480.)
(220 ILCS 5/3-114) (from Ch. 111 2/3, par. 3-114)
Sec. 3-114.
"Person" includes an individual, firm, limited liability
company, or co-partnership.
(Source: P.A. 88-480.)
(220 ILCS 5/3-115) (from Ch. 111 2/3, par. 3-115)
Sec. 3-115.
"Service" is used in its broadest and most inclusive sense, and
includes not only the use or accommodation afforded consumers or patrons,
but also any product or commodity furnished by any public utility and the
plant, equipment, apparatus, appliances, property and facilities employed
by, or in connection with, any public utility in performing any service or
in furnishing any product or commodity and devoted to the purposes in which
such public utility is engaged and to the use and accommodation of the public.
(Source: P.A. 84-617.)
(220 ILCS 5/3-116) (from Ch. 111 2/3, par. 3-116)
Sec. 3-116.
"Rate" includes every individual or joint rate, fare, toll,
charge, rental or other compensation of any public utility or any two or
more such individual or joint rates, fares, tolls, charges, rental or other
compensation of any public utility or any schedule or tariff thereof, and
any rule, regulation, charge, practice or contract relating thereto.
(Source: P.A. 84-617.)
(220 ILCS 5/3-117) (from Ch. 111 2/3, par. 3-117)
Sec. 3-117.
"City council" includes the mayor and commissioners of cities
which have adopted the Commission form of municipal government and the
council of all other cities and the president and board of trustees of
villages and incorporated towns.
(Source: P.A. 84-617.)
(220 ILCS 5/3-118) (from Ch. 111 2/3, par. 3-118)
Sec. 3-118.
"City" includes all villages and incorporated towns.
(Source: P.A. 84-617.)
(220 ILCS 5/3-119) (from Ch. 111 2/3, par. 3-119)
Sec. 3-119.
"Electric cooperative" is any electric cooperative which is
subject to the Electric Suppliers Act, enacted by the 74th General
Assembly, and has the same meaning as is defined in Section 3.4 of that Act.
(Source: P.A. 84-617.)
(220 ILCS 5/3-120) (from Ch. 111 2/3, par. 3-120)
Sec. 3-120.
As used in Section 3-121 of this Act, the term "intrastate
public utility business" includes all that portion of the business of the
public utilities designated in Section 3-105 of this Act and over which
this Commission has jurisdiction under the provisions of this Act.
(Source: P.A. 84-617; 84-1118.)
(220 ILCS 5/3-121) (from Ch. 111 2/3, par. 3-121)
Sec. 3-121. As used in Section 2-202 of this Act, the term
"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
derived by such a public utility from the sale of public utility services,
products or commodities to another public utility, to an electric
cooperative, or to a natural gas cooperative for resale by such public utility, 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
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.
(Source: P.A. 94-738, eff. 5-4-06.)
(220 ILCS 5/3-122)
Sec. 3-122.
Electronic.
"Electronic" includes electrical, digital,
magnetic, optical, electromagnetic, or any other form of technology that
entails capabilities similar to these technologies.
(Source: P.A. 91-341, eff. 7-29-99.)
(220 ILCS 5/3-123)
(Text of Section from P.A. 97-96)
Sec. 3-123. Clean coal SNG brownfield facility; sequester; SNG facility; sourcing agreement; substitute natural gas or SNG. As used in this Act:
"Clean coal SNG brownfield facility" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
"Sequester" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
"SNG facility" means a facility that produces substitute natural gas from feedstock that includes coal through a gasification process, including a clean coal facility, the clean coal SNG brownfield facility, and the facility described in subsection (h) of Section 9-220 of this Act.
"Sourcing agreement" means an agreement between the owner of a clean coal SNG brownfield facility and the gas utility that has the terms and conditions meeting the requirements of subsection (h-1) of Section 9-220 of this Act.
"Substitute natural gas" or "SNG" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
(Source: P.A. 97-96, eff. 7-13-11.)
(Text of Section from P.A. 97-239)
Sec. 3-123. Clean coal facility; clean coal SNG facility; sequester; SNG facility; substitute natural gas or SNG. As used in this Act:
"Clean coal facility" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
"Clean coal SNG facility" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
"Sequester" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
"SNG facility" means a facility that produces substitute natural gas from feedstock that includes coal through a gasification process, including a clean coal facility, and the clean coal SNG facility.
"Substitute natural gas" or "SNG" shall have the same meaning as provided in Section 1-10 of the Illinois Power Agency Act.
(Source: P.A. 97-239, eff. 8-2-11.)
(220 ILCS 5/3-124)
Sec. 3-124. Adjusted final capitalized plant cost. "Adjusted final capitalized plant cost" means the final capitalized plant cost reduced by the following, without duplication and to the extent not already accounted for or reflected on the books of the facility: (1) any State of Illinois financial assistance, (2) any U.S. financial assistance, and (3) any quantifiable benefit from a U.S. Clean Coal Gasification Program received by the facility during a period equal to the shorter of (A) the life of such program or (B) the term of the agreement, such quantifiable benefit to be discounted at a rate of 14% per annum over such period.
(Source: P.A. 97-239, eff. 8-2-11.)
(220 ILCS 5/3-125)
Sec. 3-125. Final capitalized plant cost. "Final capitalized plant cost" means the total capitalized asset cost of the plant of the clean coal SNG facility as reflected on the balance sheet of the facility at the time of the commercial production date, with such capitalized cost to be accrued in accordance with generally accepted accounting principles, and includes, without limitation, the following items: major equipment, the SNG pipeline from the plant to the receiving pipeline, water lines, railroad improvements, access road improvements, all coal transportation assets, including the slurry line, slurry prep plant, carbon dioxide capture metering and compression, licensing fees, all costs incurred in the management planning, oversight and execution of the construction and start-up of the plant, and all fees and costs payable under engineering, procurement, and design contracts for the construct of the plant accrued as of the time of the commercial production date, but does not include capitalized financing costs including capitalized interest during construction and all fees associated with financing, coal reserve leasing costs, marketing, training, any and all costs payable under the contract miner agreement, the cost of coal mining equipment and similar costs, and any other costs, including general and administrative costs, not reasonably incurred in connection with the design, construction, testing, start-up, or commissioning of the plant in preparation for commercial production date.
(Source: P.A. 97-239, eff. 8-2-11.)
(220 ILCS 5/3-126)
Sec. 3-126. Total capitalized asset cost. "Total capitalized asset cost" means the gross book value of the plant, as determined in accordance with generally accepted accounting principles at the commercial production date.
(Source: P.A. 97-239, eff. 8-2-11.)
Structure Illinois Compiled Statutes
220 ILCS 5/ - Public Utilities Act.
Article II - Illinois Commerce Commission
Article IV - General Powers And Duties Of Commission - Intergovernmental Cooperation - Construction
Article V - Duties Of Public Utilities - Accounts And Reports
Article VII - Intercorporate Relations
Article VIII - Service Obligations And Conditions
Article X - Proceedings Before The Commission And The Courts
Article XIII - Telecommunications
Article XIV - Local Transit Commissions
Article XV - Common Carriers By Pipeline
Article XVI - Electric Service Customer Choice And Rate Relief Law Of 1997
Article XVII - Electric Cooperatives And Municipal Systems
Article XVIII - Electric Utility Transitional Funding Law
Article XIX - Alternative Gas Supplier Law
Article XX - Retail Electric Competition
Article XXI - Cable and Video Competition
Article XXII - Cable and Video Customer Protection Law
Article 70 - Cable and Video Customer Protection Law (Renumbered)