(35 ILCS 645/5-3)
Sec. 5-3.
Definitions.
For the purposes of this Law:
(a) "Electricity deliverer" means any person who uses any portion of any
public rights of way of an Illinois municipality for the purpose of
distributing, transmitting, or otherwise delivering electricity, regardless of
its source, for use or consumption within that municipality, and not for
resale. For purposes of this definition, use of the public rights of way shall
not include the use of real property pursuant to the terms of an easement,
lease, or other similar property interest held over municipally-owned property.
(b) "Delivery of electricity" means the distribution, transmission, or other
delivery of
electricity through the use of the municipality's public rights of way,
regardless of the source of
the electricity, for use or consumption within that municipality, and not for
resale. The term
includes the delivery of electricity for use or consumption by the electricity
deliverer, except for
electricity used or consumed by the electricity deliverer for the production or
distribution of
electricity.
(c) "Person" means any natural individual, firm,
trust,
estate, partnership, association, joint stock company, joint adventure,
corporation, limited liability company, municipal corporation, the State or any
of its political
subdivisions, any State university created by statute, or a receiver, trustee,
guardian, or other representative appointed by order of any court.
(d) "Public rights of way" means streets, alleys, and similar public
ways, and all
areas over and under such public ways, title to which is owned by the
municipality, and which
are dedicated exclusively to public use.
(e) "Purchaser" means any person who uses or consumes, within the
corporate
limits of the municipality, electricity acquired in a purchase at retail.
(f) "Resale" includes any and all sales of electricity for the purpose of a
subsequent
sale to another, including the sale of electric energy within the meaning of
the Federal Power Act
(16 U.S.C. 824), but excluding the distribution of electricity to occupants of
a building or
buildings, or to a group of customers within the municipality, by a person who
owns, controls or
manages, or acts as agent for, the building, buildings, or group of customers.
(Source: P.A. 90-561, eff. 8-1-98.)
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