Full Text of SB0096 94th General Assembly
SB0096ham001 94TH GENERAL ASSEMBLY
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Executive Committee
Filed: 5/29/2005
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LRB094 06583 AMC 47372 a |
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| AMENDMENT TO SENATE BILL 96
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| AMENDMENT NO. ______. Amend Senate Bill 96 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 3-105 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
and
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| includes, except where
otherwise expressly provided in this | 9 |
| Section, every corporation, company,
limited liability | 10 |
| company, association, joint stock company or association,
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| firm, partnership or individual, their lessees, trustees, or | 12 |
| receivers
appointed by any court whatsoever that owns, | 13 |
| controls, operates or manages,
within this State, directly or | 14 |
| indirectly, for public use, any plant, equipment
or property | 15 |
| used or to be used for or in connection with, or owns or | 16 |
| controls
any franchise, license, permit or right to engage in:
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| a. the production, storage, transmission, sale, | 18 |
| delivery or furnishing of
heat, cold, power, electricity, | 19 |
| water, or light, except when used solely for
communications | 20 |
| 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 |
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LRB094 06583 AMC 47372 a |
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| political
subdivision, public institution of higher | 2 |
| education or municipal
corporation of this State, or public | 3 |
| utilities that are owned by such
political subdivision, | 4 |
| public institution of higher education, or
municipal | 5 |
| corporation and operated by any of its lessees or operating | 6 |
| agents;
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| 2. water companies which are purely mutual concerns, | 8 |
| having no rates
or charges for services, but paying the | 9 |
| operating expenses by assessment
upon the members of such a | 10 |
| company and no other person;
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| 3. electric cooperatives as defined in Section 3-119;
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| 4. residential natural gas cooperatives that are | 13 |
| not-for-profit
corporations established for the purpose of | 14 |
| administering and operating, on
a cooperative basis, the | 15 |
| furnishing of natural gas to residences for the
benefit of | 16 |
| their members who are residential consumers of natural gas. | 17 |
| For
entities qualifying as residential natural gas | 18 |
| cooperatives and recognized
by the Illinois Commerce | 19 |
| Commission as such, the State shall guarantee
legally | 20 |
| binding contracts entered into by residential natural gas
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| cooperatives for the express purpose of acquiring natural | 22 |
| gas supplies for
their members. The Illinois Commerce | 23 |
| Commission shall establish rules and
regulations providing | 24 |
| for such guarantees. The total liability of the
State in | 25 |
| providing all such guarantees shall not at any time exceed
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| $1,000,000, nor shall the State provide such a guarantee to | 27 |
| a residential
natural gas cooperative for more than 3 | 28 |
| consecutive years;
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| 5. sewage disposal companies which provide sewage | 30 |
| disposal services
on a mutual basis without establishing | 31 |
| rates or charges for services,
but paying the operating | 32 |
| expenses by assessment upon the members of the
company and | 33 |
| no others;
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| 6. (Blank);
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LRB094 06583 AMC 47372 a |
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| 7. cogeneration facilities, small power production | 2 |
| facilities, and other
qualifying facilities, as defined in | 3 |
| the Public Utility Regulatory Policies Act
and regulations | 4 |
| promulgated thereunder, except to the extent State | 5 |
| regulatory
jurisdiction and action is required or | 6 |
| authorized by federal law, regulations,
regulatory | 7 |
| decisions or the decisions of federal or State courts of | 8 |
| competent
jurisdiction;
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| 8. the ownership or operation of a facility that sells | 10 |
| compressed
natural gas at retail to the public for use only | 11 |
| as a motor vehicle fuel
and the selling of compressed | 12 |
| natural gas at retail to the public for use
only as a motor | 13 |
| vehicle fuel; and
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| 9. alternative retail electric suppliers as defined in | 15 |
| 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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