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220 ILCS 5/9-222
(220 ILCS 5/9-222) (from Ch. 111 2/3, par. 9-222)
Sec. 9-222.
Whenever a tax is imposed upon a public utility
engaged in the business of distributing, supplying,
furnishing, or selling gas for use or consumption pursuant to Section 2 of
the Gas Revenue Tax Act, or whenever a tax is
required to be collected by a delivering supplier pursuant to Section 2-7 of
the Electricity Excise Tax Act, or whenever a tax is imposed upon a public
utility pursuant to Section
2-202 of this Act, such utility may charge its customers, other than
customers who are high impact businesses under Section 5.5
of the Illinois Enterprise Zone Act, customers who are certified under Section 95 of the Reimagining Energy and Vehicles in Illinois Act, manufacturers under the Manufacturing Illinois Chips for Real Opportunity (MICRO) Act, or certified business enterprises
under Section 9-222.1 of this Act, to the extent of such exemption and
during the period in which such exemption is in effect,
in addition to any rate authorized by this Act, an additional
charge equal to the total amount of such taxes. The exemption of this
Section relating to high impact businesses shall be subject to the
provisions of subsections (a), (b), and (b-5) of Section 5.5 of
the Illinois
Enterprise Zone Act. This requirement shall not
apply to taxes on invested capital imposed pursuant to the Messages Tax
Act, the Gas Revenue Tax Act and the Public Utilities Revenue Act.
Such utility shall file with the Commission
a supplemental schedule which shall specify such additional charge and
which shall become effective upon filing without further notice. Such
additional charge shall be shown separately on the utility bill to each
customer. The Commission shall have the power to investigate whether or
not such supplemental schedule correctly specifies such additional charge,
but shall have no power to suspend such supplemental schedule. If the
Commission finds, after a hearing, that such supplemental schedule does not
correctly specify such additional charge, it shall by order require a
refund to the appropriate customers of the excess, if any, with interest,
in such manner as it shall deem just and reasonable, and in and by such
order shall require the utility to file an amended supplemental schedule
corresponding to the finding and order of the Commission.
Except with respect to taxes imposed on invested capital,
such tax liabilities shall be recovered from customers solely by means of
the additional charges authorized by this Section.
(Source: P.A. 102-669, eff. 11-16-21; 102-700, eff. 4-19-22; 102-1125, eff. 2-3-23.)
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