Public Act 094-0738
 
SB2807 Enrolled LRB094 17551 MKM 52847 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
Sections 3-105, 3-121, and 19-105 as follows:
 
    (220 ILCS 5/3-105)  (from Ch. 111 2/3, par. 3-105)
    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,
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:
        a. the production, storage, transmission, sale,
    delivery or furnishing of heat, cold, power, electricity,
    water, or light, except when used solely for communications
    purposes;
        b. the disposal of sewerage; or
        c. the conveyance of oil or gas by pipe line.
    "Public utility" does not include, however:
        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;
        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;
        3. electric cooperatives as defined in Section 3-119;
        4. the following natural gas cooperatives:
            (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
        cooperatives for the express purpose of acquiring
        natural gas supplies for their members. The Illinois
        Commerce Commission shall establish rules and
        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
            (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;
        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;
        6. (Blank);
        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;
        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
        9. alternative retail electric suppliers as defined in
    Article XVI.
(Source: P.A. 89-42, eff. 1-1-96; 90-561, eff. 12-16-97.)
 
    (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, 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
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. 85-1021.)
 
    (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) residential natural
gas cooperatives that are not-for-profit corporations operated
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; 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.
    "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. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)
 
    Section 15. The General Not For Profit Corporation Act of
1986 is amended by changing Section 103.05 as follows:
 
    (805 ILCS 105/103.05)  (from Ch. 32, par. 103.05)
    Sec. 103.05. Purposes and authority of corporations;
particular purposes; exemptions.
    (a) Not-for-profit corporations may be organized under
this Act for any one or more of the following or similar
purposes:
        (1) Charitable.
        (2) Benevolent.
        (3) Eleemosynary.
        (4) Educational.
        (5) Civic.
        (6) Patriotic.
        (7) Political.
        (8) Religious.
        (9) Social.
        (10) Literary.
        (11) Athletic.
        (12) Scientific.
        (13) Research.
        (14) Agricultural.
        (15) Horticultural.
        (16) Soil improvement.
        (17) Crop improvement.
        (18) Livestock or poultry improvement.
        (19) Professional, commercial, industrial, or trade
    association.
        (20) Promoting the development, establishment, or
    expansion of industries.
        (21) Electrification on a cooperative basis.
        (22) Telephone service on a mutual or cooperative
    basis.
        (23) Ownership and operation of water supply
    facilities for drinking and general domestic use on a
    mutual or cooperative basis.
        (24) Ownership or administration of residential
    property on a cooperative basis.
        (25) Administration and operation of property owned on
    a condominium basis or by a homeowner association.
        (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.
        (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.
        (28) Provision of debt management services as
    authorized by the Debt Management Service Act.
        (29) Promotion, operation, and administration of a
    ridesharing arrangement as defined in Section 1-176.1 of
    the Illinois Vehicle Code.
        (30) The administration and operation of an
    organization for the purpose of assisting low-income
    consumers in the acquisition of utility and telephone
    services.
        (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.
        (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.
        (33) Furnishing of natural gas on a cooperative basis.
    (b) A corporation may be organized hereunder to serve in an
area that adjoins or borders (except for any intervening
natural watercourse) an area located in an adjoining state
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
corporation. Whenever any corporation organized under this Act
so joins with a foreign corporation having an identical
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.
(Source: P.A. 92-33, eff. 7-1-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/4/2006