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Full Text of SB1611  100th General Assembly

SB1611 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1611

 

Introduced 2/9/2017, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/2-202  from Ch. 111 2/3, par. 2-202

    Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall not assess a fee on an alternative retail electric supplier or an alternative gas supplier that exceeds $0.50 per customer per year. Provides that the number of customers of an alternative retail electric supplier or alternative gas supplier shall be determined by the most recent annual report to the Commission. Effective immediately or on the date specified provisions amended by Public Act 99-906 take effect, whichever is later.


LRB100 06852 RJF 16901 b

 

 

A BILL FOR

 

SB1611LRB100 06852 RJF 16901 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 2-202 as follows:
 
6    (220 ILCS 5/2-202)  (from Ch. 111 2/3, par. 2-202)
7    (Text of Section before amendment by P.A. 99-906)
8    Sec. 2-202. Policy; Public Utility Fund; tax.
9    (a) It is declared to be the public policy of this State
10that in order to maintain and foster the effective regulation
11of public utilities under this Act in the interests of the
12People of the State of Illinois and the public utilities as
13well, the public utilities subject to regulation under this Act
14and which enjoy the privilege of operating as public utilities
15in this State, shall bear the expense of administering this Act
16by means of a tax on such privilege measured by the annual
17gross revenue of such public utilities in the manner provided
18in this Section. For purposes of this Section, "expense of
19administering this Act" includes any costs incident to studies,
20whether made by the Commission or under contract entered into
21by the Commission, concerning environmental pollution problems
22caused or contributed to by public utilities and the means for
23eliminating or abating those problems. Such proceeds shall be

 

 

SB1611- 2 -LRB100 06852 RJF 16901 b

1deposited in the Public Utility Fund in the State treasury.
2    (b) All of the ordinary and contingent expenses of the
3Commission incident to the administration of this Act shall be
4paid out of the Public Utility Fund except the compensation of
5the members of the Commission which shall be paid from the
6General Revenue Fund. Notwithstanding other provisions of this
7Act to the contrary, the ordinary and contingent expenses of
8the Commission incident to the administration of the Illinois
9Commercial Transportation Law may be paid from appropriations
10from the Public Utility Fund through the end of fiscal year
111986.
12    (c) A tax is imposed upon each public utility subject to
13the provisions of this Act equal to .08% of its gross revenue
14for each calendar year commencing with the calendar year
15beginning January 1, 1982, except that the Commission may, by
16rule, establish a different rate no greater than 0.1%. For
17purposes of this Section, "gross revenue" shall not include
18revenue from the production, transmission, distribution, sale,
19delivery, or furnishing of electricity. "Gross revenue" shall
20not include amounts paid by telecommunications retailers under
21the Telecommunications Infrastructure Maintenance Fee Act.
22    (d) Annual gross revenue returns shall be filed in
23accordance with paragraph (1) or (2) of this subsection (d).
24        (1) Except as provided in paragraph (2) of this
25    subsection (d), on or before January 10 of each year each
26    public utility subject to the provisions of this Act shall

 

 

SB1611- 3 -LRB100 06852 RJF 16901 b

1    file with the Commission an estimated annual gross revenue
2    return containing an estimate of the amount of its gross
3    revenue for the calendar year commencing January 1 of said
4    year and a statement of the amount of tax due for said
5    calendar year on the basis of that estimate. Public
6    utilities may also file revised returns containing updated
7    estimates and updated amounts of tax due during the
8    calendar year. These revised returns, if filed, shall form
9    the basis for quarterly payments due during the remainder
10    of the calendar year. In addition, on or before March 31 of
11    each year, each public utility shall file an amended return
12    showing the actual amount of gross revenues shown by the
13    company's books and records as of December 31 of the
14    previous year. Forms and instructions for such estimated,
15    revised, and amended returns shall be devised and supplied
16    by the Commission.
17        (2) Beginning with returns due after January 1, 2002,
18    the requirements of paragraph (1) of this subsection (d)
19    shall not apply to any public utility in any calendar year
20    for which the total tax the public utility owes under this
21    Section is less than $10,000. For such public utilities
22    with respect to such years, the public utility shall file
23    with the Commission, on or before March 31 of the following
24    year, an annual gross revenue return for the year and a
25    statement of the amount of tax due for that year on the
26    basis of such a return. Forms and instructions for such

 

 

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1    returns and corrected returns shall be devised and supplied
2    by the Commission.
3    (e) All returns submitted to the Commission by a public
4utility as provided in this subsection (e) or subsection (d) of
5this Section shall contain or be verified by a written
6declaration by an appropriate officer of the public utility
7that the return is made under the penalties of perjury. The
8Commission may audit each such return submitted and may, under
9the provisions of Section 5-101 of this Act, take such measures
10as are necessary to ascertain the correctness of the returns
11submitted. The Commission has the power to direct the filing of
12a corrected return by any utility which has filed an incorrect
13return and to direct the filing of a return by any utility
14which has failed to submit a return. A taxpayer's signing a
15fraudulent return under this Section is perjury, as defined in
16Section 32-2 of the Criminal Code of 2012.
17    (f) (1) For all public utilities subject to paragraph (1)
18of subsection (d), at least one quarter of the annual amount of
19tax due under subsection (c) shall be paid to the Commission on
20or before the tenth day of January, April, July, and October of
21the calendar year subject to tax. In the event that an
22adjustment in the amount of tax due should be necessary as a
23result of the filing of an amended or corrected return under
24subsection (d) or subsection (e) of this Section, the amount of
25any deficiency shall be paid by the public utility together
26with the amended or corrected return and the amount of any

 

 

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1excess shall, after the filing of a claim for credit by the
2public utility, be returned to the public utility in the form
3of a credit memorandum in the amount of such excess or be
4refunded to the public utility in accordance with the
5provisions of subsection (k) of this Section. However, if such
6deficiency or excess is less than $1, then the public utility
7need not pay the deficiency and may not claim a credit.
8    (2) Any public utility subject to paragraph (2) of
9subsection (d) shall pay the amount of tax due under subsection
10(c) on or before March 31 next following the end of the
11calendar year subject to tax. In the event that an adjustment
12in the amount of tax due should be necessary as a result of the
13filing of a corrected return under subsection (e), the amount
14of any deficiency shall be paid by the public utility at the
15time the corrected return is filed. Any excess tax payment by
16the public utility shall be returned to it after the filing of
17a claim for credit, in the form of a credit memorandum in the
18amount of the excess. However, if such deficiency or excess is
19less than $1, the public utility need not pay the deficiency
20and may not claim a credit.
21    (g) Each installment or required payment of the tax imposed
22by subsection (c) becomes delinquent at midnight of the date
23that it is due. Failure to make a payment as required by this
24Section shall result in the imposition of a late payment
25penalty, an underestimation penalty, or both, as provided by
26this subsection. The late payment penalty shall be the greater

 

 

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1of:
2        (1) $25 for each month or portion of a month that the
3    installment or required payment is unpaid or
4        (2) an amount equal to the difference between what
5    should have been paid on the due date, based upon the most
6    recently filed estimated, annual, or amended return, and
7    what was actually paid, times 1%, for each month or portion
8    of a month that the installment or required payment goes
9    unpaid. This penalty may be assessed as soon as the
10    installment or required payment becomes delinquent.
11    The underestimation penalty shall apply to those public
12utilities subject to paragraph (1) of subsection (d) and shall
13be calculated after the filing of the amended return. It shall
14be imposed if the amount actually paid on any of the dates
15specified in subsection (f) is not equal to at least one-fourth
16of the amount actually due for the year, and shall equal the
17greater of:
18        (1) $25 for each month or portion of a month that the
19    amount due is unpaid or
20        (2) an amount equal to the difference between what
21    should have been paid, based on the amended return, and
22    what was actually paid as of the date specified in
23    subsection (f), times a percentage equal to 1/12 of the sum
24    of 10% and the percentage most recently established by the
25    Commission for interest to be paid on customer deposits
26    under 83 Ill. Adm. Code 280.70(e)(1), for each month or

 

 

SB1611- 7 -LRB100 06852 RJF 16901 b

1    portion of a month that the amount due goes unpaid, except
2    that no underestimation penalty shall be assessed if the
3    amount actually paid on or before each of the dates
4    specified in subsection (f) was based on an estimate of
5    gross revenues at least equal to the actual gross revenues
6    for the previous year. The Commission may enforce the
7    collection of any delinquent installment or payment, or
8    portion thereof by legal action or in any other manner by
9    which the collection of debts due the State of Illinois may
10    be enforced under the laws of this State. The executive
11    director or his designee may excuse the payment of an
12    assessed penalty or a portion of an assessed penalty if he
13    determines that enforced collection of the penalty as
14    assessed would be unjust.
15    (h) All sums collected by the Commission under the
16provisions of this Section shall be paid promptly after the
17receipt of the same, accompanied by a detailed statement
18thereof, into the Public Utility Fund in the State treasury.
19    (i) During the month of October of each odd-numbered year
20the Commission shall:
21        (1) determine the amount of all moneys deposited in the
22    Public Utility Fund during the preceding fiscal biennium
23    plus the balance, if any, in that fund at the beginning of
24    that biennium;
25        (2) determine the sum total of the following items: (A)
26    all moneys expended or obligated against appropriations

 

 

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1    made from the Public Utility Fund during the preceding
2    fiscal biennium, plus (B) the sum of the credit memoranda
3    then outstanding against the Public Utility Fund, if any;
4    and
5        (3) determine the amount, if any, by which the sum
6    determined as provided in item (1) exceeds the amount
7    determined as provided in item (2).
8    If the amount determined as provided in item (3) of this
9subsection exceeds 50% of the previous fiscal year's
10appropriation level, the Commission shall then compute the
11proportionate amount, if any, which (x) the tax paid hereunder
12by each utility during the preceding biennium, and (y) the
13amount paid into the Public Utility Fund during the preceding
14biennium by the Department of Revenue pursuant to Sections 2-9
15and 2-11 of the Electricity Excise Tax Law, bears to the
16difference between the amount determined as provided in item
17(3) of this subsection (i) and 50% of the previous fiscal
18year's appropriation level. The Commission shall cause the
19proportionate amount determined with respect to payments made
20under the Electricity Excise Tax Law to be transferred into the
21General Revenue Fund in the State Treasury, and notify each
22public utility that it may file during the 3 month period after
23the date of notification a claim for credit for the
24proportionate amount determined with respect to payments made
25hereunder by the public utility. If the proportionate amount is
26less than $10, no notification will be sent by the Commission,

 

 

SB1611- 9 -LRB100 06852 RJF 16901 b

1and no right to a claim exists as to that amount. Upon the
2filing of a claim for credit within the period provided, the
3Commission shall issue a credit memorandum in such amount to
4such public utility. Any claim for credit filed after the
5period provided for in this Section is void.
6    (j) Credit memoranda issued pursuant to subsection (f) and
7credit memoranda issued after notification and filing pursuant
8to subsection (i) may be applied for the 2 year period from the
9date of issuance, against the payment of any amount due during
10that period under the tax imposed by subsection (c), or,
11subject to reasonable rule of the Commission including
12requirement of notification, may be assigned to any other
13public utility subject to regulation under this Act. Any
14application of credit memoranda after the period provided for
15in this Section is void.
16    (k) The chairman or executive director may make refund of
17fees, taxes or other charges whenever he shall determine that
18the person or public utility will not be liable for payment of
19such fees, taxes or charges during the next 24 months and he
20determines that the issuance of a credit memorandum would be
21unjust.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (Text of Section after amendment by P.A. 99-906)
24    Sec. 2-202. Policy; Public Utility Fund; tax.
25    (a) It is declared to be the public policy of this State

 

 

SB1611- 10 -LRB100 06852 RJF 16901 b

1that in order to maintain and foster the effective regulation
2of public utilities under this Act in the interests of the
3People of the State of Illinois and the public utilities as
4well, the public utilities subject to regulation under this Act
5and which enjoy the privilege of operating as public utilities
6in this State, shall bear the expense of administering this Act
7by means of a tax on such privilege measured by the annual
8gross revenue of such public utilities in the manner provided
9in this Section. For purposes of this Section, "expense of
10administering this Act" includes any costs incident to studies,
11whether made by the Commission or under contract entered into
12by the Commission, concerning environmental pollution problems
13caused or contributed to by public utilities and the means for
14eliminating or abating those problems. Such proceeds shall be
15deposited in the Public Utility Fund in the State treasury.
16    (b) All of the ordinary and contingent expenses of the
17Commission incident to the administration of this Act shall be
18paid out of the Public Utility Fund except the compensation of
19the members of the Commission which shall be paid from the
20General Revenue Fund. Notwithstanding other provisions of this
21Act to the contrary, the ordinary and contingent expenses of
22the Commission incident to the administration of the Illinois
23Commercial Transportation Law may be paid from appropriations
24from the Public Utility Fund through the end of fiscal year
251986.
26    (c) A tax is imposed upon each public utility subject to

 

 

SB1611- 11 -LRB100 06852 RJF 16901 b

1the provisions of this Act equal to .08% of its gross revenue
2for each calendar year commencing with the calendar year
3beginning January 1, 1982, except that the Commission may, by
4rule, establish a different rate no greater than 0.1%. For
5purposes of this Section, "gross revenue" shall not include
6revenue from the production, transmission, distribution, sale,
7delivery, or furnishing of electricity. "Gross revenue" shall
8not include amounts paid by telecommunications retailers under
9the Telecommunications Infrastructure Maintenance Fee Act.
10    (d) Annual gross revenue returns shall be filed in
11accordance with paragraph (1) or (2) of this subsection (d).
12        (1) Except as provided in paragraph (2) of this
13    subsection (d), on or before January 10 of each year each
14    public utility subject to the provisions of this Act shall
15    file with the Commission an estimated annual gross revenue
16    return containing an estimate of the amount of its gross
17    revenue for the calendar year commencing January 1 of said
18    year and a statement of the amount of tax due for said
19    calendar year on the basis of that estimate. Public
20    utilities may also file revised returns containing updated
21    estimates and updated amounts of tax due during the
22    calendar year. These revised returns, if filed, shall form
23    the basis for quarterly payments due during the remainder
24    of the calendar year. In addition, on or before March 31 of
25    each year, each public utility shall file an amended return
26    showing the actual amount of gross revenues shown by the

 

 

SB1611- 12 -LRB100 06852 RJF 16901 b

1    company's books and records as of December 31 of the
2    previous year. Forms and instructions for such estimated,
3    revised, and amended returns shall be devised and supplied
4    by the Commission.
5        (2) Beginning with returns due after January 1, 2002,
6    the requirements of paragraph (1) of this subsection (d)
7    shall not apply to any public utility in any calendar year
8    for which the total tax the public utility owes under this
9    Section is less than $10,000. For such public utilities
10    with respect to such years, the public utility shall file
11    with the Commission, on or before March 31 of the following
12    year, an annual gross revenue return for the year and a
13    statement of the amount of tax due for that year on the
14    basis of such a return. Forms and instructions for such
15    returns and corrected returns shall be devised and supplied
16    by the Commission.
17    (e) All returns submitted to the Commission by a public
18utility as provided in this subsection (e) or subsection (d) of
19this Section shall contain or be verified by a written
20declaration by an appropriate officer of the public utility
21that the return is made under the penalties of perjury. The
22Commission may audit each such return submitted and may, under
23the provisions of Section 5-101 of this Act, take such measures
24as are necessary to ascertain the correctness of the returns
25submitted. The Commission has the power to direct the filing of
26a corrected return by any utility which has filed an incorrect

 

 

SB1611- 13 -LRB100 06852 RJF 16901 b

1return and to direct the filing of a return by any utility
2which has failed to submit a return. A taxpayer's signing a
3fraudulent return under this Section is perjury, as defined in
4Section 32-2 of the Criminal Code of 2012.
5    (f) (1) For all public utilities subject to paragraph (1)
6of subsection (d), at least one quarter of the annual amount of
7tax due under subsection (c) shall be paid to the Commission on
8or before the tenth day of January, April, July, and October of
9the calendar year subject to tax. In the event that an
10adjustment in the amount of tax due should be necessary as a
11result of the filing of an amended or corrected return under
12subsection (d) or subsection (e) of this Section, the amount of
13any deficiency shall be paid by the public utility together
14with the amended or corrected return and the amount of any
15excess shall, after the filing of a claim for credit by the
16public utility, be returned to the public utility in the form
17of a credit memorandum in the amount of such excess or be
18refunded to the public utility in accordance with the
19provisions of subsection (k) of this Section. However, if such
20deficiency or excess is less than $1, then the public utility
21need not pay the deficiency and may not claim a credit.
22    (2) Any public utility subject to paragraph (2) of
23subsection (d) shall pay the amount of tax due under subsection
24(c) on or before March 31 next following the end of the
25calendar year subject to tax. In the event that an adjustment
26in the amount of tax due should be necessary as a result of the

 

 

SB1611- 14 -LRB100 06852 RJF 16901 b

1filing of a corrected return under subsection (e), the amount
2of any deficiency shall be paid by the public utility at the
3time the corrected return is filed. Any excess tax payment by
4the public utility shall be returned to it after the filing of
5a claim for credit, in the form of a credit memorandum in the
6amount of the excess. However, if such deficiency or excess is
7less than $1, the public utility need not pay the deficiency
8and may not claim a credit.
9    (g) Each installment or required payment of the tax imposed
10by subsection (c) becomes delinquent at midnight of the date
11that it is due. Failure to make a payment as required by this
12Section shall result in the imposition of a late payment
13penalty, an underestimation penalty, or both, as provided by
14this subsection. The late payment penalty shall be the greater
15of:
16        (1) $25 for each month or portion of a month that the
17    installment or required payment is unpaid or
18        (2) an amount equal to the difference between what
19    should have been paid on the due date, based upon the most
20    recently filed estimated, annual, or amended return, and
21    what was actually paid, times 1%, for each month or portion
22    of a month that the installment or required payment goes
23    unpaid. This penalty may be assessed as soon as the
24    installment or required payment becomes delinquent.
25    The underestimation penalty shall apply to those public
26utilities subject to paragraph (1) of subsection (d) and shall

 

 

SB1611- 15 -LRB100 06852 RJF 16901 b

1be calculated after the filing of the amended return. It shall
2be imposed if the amount actually paid on any of the dates
3specified in subsection (f) is not equal to at least one-fourth
4of the amount actually due for the year, and shall equal the
5greater of:
6        (1) $25 for each month or portion of a month that the
7    amount due is unpaid or
8        (2) an amount equal to the difference between what
9    should have been paid, based on the amended return, and
10    what was actually paid as of the date specified in
11    subsection (f), times a percentage equal to 1/12 of the sum
12    of 10% and the percentage most recently established by the
13    Commission for interest to be paid on customer deposits
14    under 83 Ill. Adm. Code 280.70(e)(1), for each month or
15    portion of a month that the amount due goes unpaid, except
16    that no underestimation penalty shall be assessed if the
17    amount actually paid on or before each of the dates
18    specified in subsection (f) was based on an estimate of
19    gross revenues at least equal to the actual gross revenues
20    for the previous year. The Commission may enforce the
21    collection of any delinquent installment or payment, or
22    portion thereof by legal action or in any other manner by
23    which the collection of debts due the State of Illinois may
24    be enforced under the laws of this State. The executive
25    director or his designee may excuse the payment of an
26    assessed penalty or a portion of an assessed penalty if he

 

 

SB1611- 16 -LRB100 06852 RJF 16901 b

1    determines that enforced collection of the penalty as
2    assessed would be unjust.
3    (h) All sums collected by the Commission under the
4provisions of this Section shall be paid promptly after the
5receipt of the same, accompanied by a detailed statement
6thereof, into the Public Utility Fund in the State treasury.
7    (i) During the month of October of each odd-numbered year
8the Commission shall:
9        (1) determine the amount of all moneys deposited in the
10    Public Utility Fund during the preceding fiscal biennium
11    plus the balance, if any, in that fund at the beginning of
12    that biennium;
13        (2) determine the sum total of the following items: (A)
14    all moneys expended or obligated against appropriations
15    made from the Public Utility Fund during the preceding
16    fiscal biennium, plus (B) the sum of the credit memoranda
17    then outstanding against the Public Utility Fund, if any;
18    and
19        (3) determine the amount, if any, by which the sum
20    determined as provided in item (1) exceeds the amount
21    determined as provided in item (2).
22    If the amount determined as provided in item (3) of this
23subsection exceeds 50% of the previous fiscal year's
24appropriation level, the Commission shall then compute the
25proportionate amount, if any, which (x) the tax paid hereunder
26by each utility during the preceding biennium, and (y) the

 

 

SB1611- 17 -LRB100 06852 RJF 16901 b

1amount paid into the Public Utility Fund during the preceding
2biennium by the Department of Revenue pursuant to Sections 2-9
3and 2-11 of the Electricity Excise Tax Law, bears to the
4difference between the amount determined as provided in item
5(3) of this subsection (i) and 50% of the previous fiscal
6year's appropriation level. The Commission shall cause the
7proportionate amount determined with respect to payments made
8under the Electricity Excise Tax Law to be transferred into the
9General Revenue Fund in the State Treasury, and notify each
10public utility that it may file during the 3 month period after
11the date of notification a claim for credit for the
12proportionate amount determined with respect to payments made
13hereunder by the public utility. If the proportionate amount is
14less than $10, no notification will be sent by the Commission,
15and no right to a claim exists as to that amount. Upon the
16filing of a claim for credit within the period provided, the
17Commission shall issue a credit memorandum in such amount to
18such public utility. Any claim for credit filed after the
19period provided for in this Section is void.
20    (i-5) During the month of October of each year the
21Commission shall:
22        (1) determine the amount of all moneys expected to be
23    deposited in the Public Utility Fund during the current
24    fiscal year, plus the balance, if any, in that fund at the
25    beginning of that year;
26        (2) determine the total of all moneys expected to be

 

 

SB1611- 18 -LRB100 06852 RJF 16901 b

1    expended or obligated against appropriations made from the
2    Public Utility Fund during the current fiscal year; and
3        (3) determine the amount, if any, by which the amount
4    determined in paragraph (2) exceeds the amount determined
5    as provided in paragraph (1).
6    If the amount determined as provided in paragraph (3) of
7this subsection (i-5) results in a deficit, the Commission may
8assess electric utilities and gas utilities for the difference
9between the amount appropriated for the ordinary and contingent
10expenses of the Commission and the amount derived under
11paragraph (1) of this subsection (i-5). Such proceeds shall be
12deposited in the Public Utility Fund in the State treasury. The
13Commission shall apportion that difference among those public
14utilities on the basis of each utility's share of the total
15intrastate gross revenues of the utilities subject to this
16subsection (i-5). Payments required under this subsection
17(i-5) shall be made in the time and manner directed by the
18Commission. The Commission shall permit utilities to recover
19Illinois Commerce Commission assessments effective pursuant to
20this subsection through an automatic adjustment mechanism that
21is incorporated into an existing tariff that recovers costs
22associated with this Section, or through a supplemental
23customer charge.
24    Within 6 months after the first time assessments are made
25under this subsection (i-5), the Commission shall initiate a
26docketed proceeding in which it shall consider, in addition to

 

 

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1assessments from electric and gas utilities subject to this
2subsection, the raising of assessments from, or the payment of
3fees by, water and sewer utilities, entities possessing
4certificates of service authority as alternative retail
5electric suppliers under Section 16-115 of this Act, entities
6possessing certificates of service authority as alternative
7gas suppliers under Section 19-110 of this Act, and
8telecommunications carriers providing local exchange
9telecommunications service or interexchange telecommunications
10service under Sections 13-204 or 13-205 of this Act. The
11amounts so determined shall be based on the costs to the agency
12of the exercise of its regulatory and supervisory functions
13with regard to the different industries and service providers
14subject to the proceeding. No less often than every 3 years
15after the end of a proceeding under this subsection (i-5), the
16Commission shall initiate another proceeding for that purpose.
17Notwithstanding any other provision of this Section, the
18Commission shall not assess a fee under this Section on an
19alternative retail electric supplier or an alternative gas
20supplier that exceeds $0.50 per customer per year. For the
21purposes of this subsection (i-5), the number of customers of
22an alternative retail electric supplier or alternative gas
23supplier shall be determined by the most recent annual report.
24    The Commission may use this apportionment method until the
25docketed proceeding in which the Commission considers the
26raising of assessments from other entities subject to its

 

 

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1jurisdiction under this Act has concluded. No credit memoranda
2shall be issued pursuant to subsection (i) if the amount
3determined as provided in paragraph (3) of this subsection
4(i-5) results in a deficit.
5    (j) Credit memoranda issued pursuant to subsection (f) and
6credit memoranda issued after notification and filing pursuant
7to subsection (i) may be applied for the 2 year period from the
8date of issuance, against the payment of any amount due during
9that period under the tax imposed by subsection (c), or,
10subject to reasonable rule of the Commission including
11requirement of notification, may be assigned to any other
12public utility subject to regulation under this Act. Any
13application of credit memoranda after the period provided for
14in this Section is void.
15    (k) The chairman or executive director may make refund of
16fees, taxes or other charges whenever he shall determine that
17the person or public utility will not be liable for payment of
18such fees, taxes or charges during the next 24 months and he
19determines that the issuance of a credit memorandum would be
20unjust.
21(Source: P.A. 99-906, eff. 6-1-17.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law or on the date the provisions of Public Act 99-906
6that amend Section 2-202 of the Public Utilities Act take
7effect, whichever is later.