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90_SB1387
220 ILCS 10/1.5 new
220 ILCS 10/2 from Ch. 111 2/3, par. 902
220 ILCS 10/3 from Ch. 111 2/3, par. 903
220 ILCS 10/4 from Ch. 111 2/3, par. 904
220 ILCS 10/5 from Ch. 111 2/3, par. 905
220 ILCS 10/6 from Ch. 111 2/3, par. 906
Amends the Citizens Utility Board Act. Authorizes the
Board to provide representation of consumers of consumer
services rather than only utility service consumers.
Consumer services include not only traditional utility
services, but also information services and other electronic
or video services. Defines terms. Effective immediately.
LRB9010898JSdv
LRB9010898JSdv
1 AN ACT to amend the Citizens Utility Board Act by adding
2 Section 1.5 and changing Sections 2, 3, 4, 5, and 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Citizens Utility Board Act is amended by
6 adding Section 1.5 and changing Sections 2, 3, 4, 5, and 6 as
7 follows:
8 (220 ILCS 10/1.5 new)
9 Sec. 1.5. Legislative Findings.
10 (a) The citizens and businesses of the State of Illinois
11 traditionally have been served by comprehensive electric,
12 gas, telephone, telecommunications, and water utilities.
13 These services have historically been subject to State and
14 federal regulation aimed at assuring that the citizens and
15 businesses receive safe, reliable, and affordable utility
16 services.
17 (b) The citizens of the State of Illinois have been
18 represented before State, federal, and other regulatory
19 authorities by the Citizens Utility Board. The Citizens
20 Utility Board has provided information, enhanced
21 understanding, and promoted citizen participation in the
22 regulatory process.
23 (c) Competitive forces are affecting the market for
24 electric, gas, telephone, telecommunications, water, and
25 other utility and nontraditional utility services.
26 Competition in the marketplace may produce new products and
27 services and lower costs for citizens of this State.
28 Long-standing regulatory relations have been altered
29 fundamentally and consumers need greater assistance both in
30 understanding the changes and in being protected during and
31 after the transition from a regulated marketplace to a
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1 competitive and innovative marketplace.
2 (d) With the advent of increasing competition in all
3 forms of utility and nontraditional utility services, as well
4 as the introduction of new, innovative services, the State
5 has a continued interest in assuring that the safety,
6 reliability, and affordability of both traditional and
7 nontraditional utility services is not sacrificed to
8 competitive pressures and that the public's interest is
9 protected.
10 (e) A competitive consumer services market must benefit
11 all Illinois citizens. Adequate consumer protection must be
12 in place to ensure that all consumers benefit from the
13 competitive marketplace in an equitable and timely fashion.
14 (f) The Legislature finds that the Citizens Utility
15 Board has provided consumer protection in the regulated
16 marketplace and that a vibrant Citizens Utility Board is
17 necessary to ensure that residential consumers of all
18 consumer services are protected and benefit from the
19 competitive marketplace in the future.
20 (220 ILCS 10/2) (from Ch. 111 2/3, par. 902)
21 Sec. 2. Purpose. The purpose of this Act is to promote
22 the health, welfare and prosperity of all the citizens of
23 this State by ensuring effective and democratic
24 representation of service utility consumers before the
25 Illinois Commerce Commission, the Federal Energy Regulatory
26 Commission, the Federal Communications Commission, the
27 courts, and other public bodies, both during and after the
28 transition from a regulated environment to a competitive
29 environment and by providing for consumer education on
30 consumer utility service prices, practices, and services
31 offered and on benefits and methods of energy conservation.
32 Such purpose shall be deemed a statewide interest and not a
33 private or special concern.
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1 (Source: P.A. 83-945.)
2 (220 ILCS 10/3) (from Ch. 111 2/3, par. 903)
3 Sec. 3. Definitions. As used in this Act:
4 "Alternate retail electric supplier" has the meaning
5 given that term in Section 16-102 of the Public Utilities
6 Act.
7 (1) "Board" means the board of directors of the
8 corporation.
9 (2) "Campaign contribution" means a gift, subscription,
10 loan, advance or deposit of money or anything of value, made
11 for the purpose of electing a candidate to the board; or a
12 contract, a promise or agreement, express or implied, whether
13 or not legally enforceable, to make any campaign
14 contribution; but does not include the value of services
15 provided without compensation by individuals who volunteer a
16 portion or all of their time on behalf of a candidate or
17 political committee, or the use of real or personal property
18 and the cost of invitations, food and beverages, voluntarily
19 provided by an individual to a candidate in rendering
20 voluntary personal services on the individual's residential
21 premises for candidate-related activities if the cumulative
22 value of the activities to the individual on behalf of any
23 candidate does not exceed $100 for any elections.
24 (3) "Campaign expenditures" means a purchase, payment
25 distribution, loan, advance, deposit or gift of money or
26 anything of value, made for the purpose of electing a
27 candidate to the board; or a contract, promise, or agreement,
28 express or implied, whether or not legally enforceable, to
29 make any campaign expenditure; but does not include the use
30 of real or personal property and the cost of invitations,
31 food and beverages, voluntarily provided by an individual to
32 a candidate in rendering voluntary personal services on the
33 individual's residential premises for candidate-related
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1 activities if the cumulative value of the activities by the
2 individual on behalf of any candidate does not exceed $100
3 for any election.
4 (4) "Class A utility" means any gas, electric or water
5 public utility with annual total gross operating revenues of
6 $2.5 million or more or any telephone public utility with
7 annual total gross operating revenues of $1,600,000 or more
8 on the effective date of this Act.
9 "Consumer service" means, without limitation, electric,
10 natural gas, water, telephone, and telecommunications
11 services and information or other electronic or video
12 services supplied by a public utility, energy service
13 provider, telecommunications carrier, information service
14 provider, or other electronic or video service provider.
15 (5) "Corporation" means the citizens utility board.
16 (6) "Director" means any member of the board.
17 (7) "District" means a corporation district, the
18 boundaries of which are congruent with the boundaries of the
19 Congressional districts in the State.
20 "Electric services" means services sold by an electric
21 service provider.
22 "Electric service provider" means anyone who sells,
23 contracts to sell, or markets electric power, generation,
24 distribution, transmission, or services (including metering
25 and billing) in connection therewith. "Electric service
26 provider" includes any electric utility and any alternative
27 retail electric supplier.
28 "Electric utility" has the meaning given that term in
29 Section 16-102 of the Public Utilities Act.
30 "Energy service provider" means an electric service
31 provider, a gas service provider, and anyone who sells,
32 contracts to sell, or markets energy conservation services.
33 "Gas service provider" means anyone who sells, contracts
34 to sell, distributes, or delivers or markets natural gas or
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1 services (including metering and billing) in connection
2 therewith. Gas service provider includes any gas utility and
3 gas marketer.
4 (8) "Immediate family" of a person means the person's
5 spouse and legal dependents.
6 (9) "Member" means any person who satisfies the
7 requirements for membership under Section 4.
8 ((10) "Periodic customer billing" means a demand for
9 payment for utility services by a public utility to a
10 residential utility consumer on a monthly or other regular
11 basis.
12 (11) "Political committee" means any committee, club,
13 association or other group of persons which make campaign
14 expenditures or receive campaign contributions during the
15 year before an election of the board.
16 (12) "Public utility" has the meaning given that term in
17 Section 3-105 of the Public Utilities Act means any person
18 who owns, operates, manages or controls any plant or
19 equipment or any part of a plant or equipment, within the
20 State, for the conveyance of telephone messages or for the
21 production, transmission, delivery or furnishing of heat,
22 light, water or power either directly or indirectly to or for
23 the public. "Public utility" includes any person engaged in
24 the transmission or delivery of natural gas for compensation
25 within this State by means of pipes or mains. "Public
26 utility" does not include a cooperative association organized
27 for the purpose of furnishing telephone service to its
28 members only. "Public utility" does not include electric
29 cooperatives as defined in Section 3-119 of "An Act
30 concerning public utilities", approved June 29, 1921, as
31 amended. However, "public utility" does not include either
32 public utilities that are owned and operated by a political
33 subdivision, public institution of higher education or
34 municipal corporation of this State or public utilities that
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1 are owned by such political subdivision, public institution
2 of higher education, or municipal corporation and operated by
3 any of its lessees or operating agents.
4 "Service consumer" means any individual or entity, which
5 is not governmental or a public utility, that is located in
6 this State, that is furnished with any consumer service, and
7 that is the ultimate user or consumer of the service.
8 Service consumer does not include resellers of consumer
9 services.
10 "Telecommunications carrier" has the meaning given that
11 term in Section 13-202 of the Public Utilities Act.
12 "Telecommunications service" has the meaning given that
13 term in Section 13-203 of the Public Utilities Act, except
14 that it does not include services described in item (c) of
15 that Section.
16 (13) "Utility consumer" means any individual or entity,
17 which is not governmental or a public utility, which is
18 located in this State and which is furnished with a utility
19 service by a public utility.
20 (14) "Utility service" means electricity, natural gas,
21 water and telephone service supplied by a public utility.
22 (Source: P.A. 84-1308.)
23 (220 ILCS 10/4) (from Ch. 111 2/3, par. 904)
24 Sec. 4. Citizens Utility Board: formation and
25 membership.
26 (1) There is created a nonprofit public body corporate
27 and politic to be known as the "Citizens Utility Board". Any
28 service utility consumer who has submitted a membership form
29 and has contributed membership dues to the corporation in the
30 preceding 12 months shall be a member of the corporation. A
31 member may resign from membership at any time.
32 (2) The board shall, upon certification of their
33 nominations pursuant to subsection (2) of Section 12 and
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1 request by the candidate, within 5 days provide to each
2 candidate for election to the board a current list of members
3 residing in the candidate's district. Such list shall
4 include the names and current addresses of members within
5 such district, and may be used by the candidate only for
6 election purposes.
7 (3) Notwithstanding any other provision of this Act or
8 any other provisions of law, if the corporation does not
9 receive contributions from at least 10,000 citizens of this
10 State within 3 years of the effective date of this Act, the
11 corporation shall be dissolved.
12 (Source: P.A. 86-101.)
13 (220 ILCS 10/5) (from Ch. 111 2/3, par. 905)
14 Sec. 5. Powers and duties.
15 (1) The corporation shall:
16 (a) Represent and protect the interests of the
17 residential service utility consumers of this State. All
18 actions by the corporation under this Act shall be
19 directed toward such duty; provided that the corporation
20 may also give due consideration to the interests of
21 business in the State.
22 (b) Inform, in so far as possible, all service
23 utility consumers about the corporation, including the
24 procedure for obtaining membership in the corporation.
25 (2) The corporation shall have all the powers necessary
26 or convenient for the effective representation and protection
27 of the interest of service utility consumers and to implement
28 this Act, including the following powers in addition to all
29 other powers granted by this Act.
30 (a) To make, amend and repeal bylaws and rules for
31 the regulation of its affairs and the conduct of its
32 business; to adopt an official seal and alter it at
33 pleasure; to maintain an office; to sue and be sued in
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1 its own name, plead and be impleaded; and to make and
2 execute contracts and other instruments necessary or
3 convenient to the exercise of the powers of the
4 corporation.
5 (b) To employ such agents, employees and special
6 advisors as it finds necessary and to fix their
7 compensation.
8 (c) To solicit and accept gifts, loans, including
9 loans made by the Illinois Commerce Commission from funds
10 appropriated for that purpose by law, or other aid in
11 order to support activities concerning the interests of
12 service utility consumers, except that the corporation
13 may not accept gifts, loans or other aid from any
14 consumer service provider public utility or from any
15 director, employee or agent or member of the immediate
16 family of a director, employee or agent of any consumer
17 service provider public utility and except that after the
18 first election the corporation may not accept from any
19 individual, private corporation, association or
20 partnership in any single year a total of more than
21 $1,000 in gifts. Under this paragraph, "aid" does not
22 mean payment of membership dues.
23 (d) To receive without charge from the Illinois
24 Commerce Commission copies of the initial pleadings in
25 all proceedings before the Illinois Commerce Commission
26 and, if the corporation intervenes as a party in any
27 proceeding, it shall receive without charge copies of all
28 subsequent pleadings, exhibits, hearings transcripts, and
29 testimony.
30 (e) (d) To intervene as a party or otherwise
31 participate on behalf of service utility consumers in any
32 proceeding which affects the interest of service utility
33 consumers.
34 (f) To promptly receive from all energy service
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1 providers and telecommunications carriers copies, both in
2 paper and electronic form, of all tariffs, service rules
3 and regulations at the time the tariffs, service rules,
4 and regulations, and any and all revisions, are filed
5 with the Illinois Commerce Commission.
6 (g) To receive from all energy service providers
7 and telecommunications carriers a copy of all marketing
8 materials used or furnished to consumers in the State of
9 Illinois, including, without limitation, promotional and
10 marketing materials, price offers, descriptions of
11 services, and standard form contracts prepared for
12 residential and small commercial retail customers as
13 defined in Section 16-102 of the Public Utilities Act.
14 (h) (e) To represent the interests of service
15 utility consumers before the Illinois Commerce
16 Commission, the Federal Energy Regulatory Commission, the
17 Federal Communications Commission, the courts, and other
18 public bodies, except that no director, employee or agent
19 of the corporation may engage in lobbying without first
20 complying with any applicable statute, administrative
21 rule or other regulation relating to lobbying.
22 (i) (f) To establish annual dues which shall be set
23 at a level that provides sufficient funding for the
24 corporation to effectively perform its powers and duties,
25 and is affordable for as many service utility consumers
26 as is possible.
27 (j) (g) To implement solicitation for corporation
28 funding and membership.
29 (k) (h) To seek tax exempt status under State and
30 federal law, including 501(c)(3) status under the United
31 States Internal Revenue Code.
32 (l) (i) To provide information and advice to
33 service utility consumers on any matter with respect to
34 customer utility service, including but not limited to
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1 information and advice on benefits and methods of energy
2 conservation.
3 (m) To provide information on prices, products, and
4 services and guidelines on purchasing consumer services.
5 (3) The powers, duties, rights and privileges conferred
6 or imposed upon the corporation by this Act may not be
7 transferred.
8 (4) The corporation shall refrain from interfering with
9 collective bargaining rights of any employees of a consumer
10 service provider public utility.
11 (Source: P.A. 83-945.)
12 (220 ILCS 10/6) (from Ch. 111 2/3, par. 906)
13 Sec. 6. Board. The corporation shall be managed by, and
14 its powers, functions and duties shall be exercised through a
15 board to be composed as follows:
16 (1) Election and Terms of Directors. The Citizens
17 Utility Board Districts shall be divided into two groups for
18 the purpose of establishing terms for which the Directors
19 shall be elected in each group. One group shall be comprised
20 of the even numbered Congressional Districts. The odd
21 numbered Congressional Districts shall comprise the other
22 group.
23 (a) The Interim Board, within 60 days after their
24 appointment, shall meet and publicly by lot determine
25 which group shall be the first group and which group
26 shall be the second. The board members or their
27 successors from the first group shall be elected for
28 successive terms of 2 two years, 2 two years and 4 four
29 years; and members or their successors from the second
30 group shall be elected for successive terms of 4 four
31 years, 2 two years and 2 two years.
32 (b) The first election of directors of the board is
33 to be held no later than April 30, 1985. Subsequent
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1 elections of directors of the board shall be held on
2 March 31 of each election year. If March 31 falls on a
3 weekend or holiday, the election shall occur on the next
4 business day following March 31.
5 (c) Interim and elected board members shall serve
6 until their successors are elected and have qualified.
7 (d) In the year following each decennial census and
8 within 45 days after the redistricted Congressional
9 Districts are enacted, the board shall allocate terms
10 between the 2 groups of districts publicly by lot as
11 provided in paragraph (a). Board members or their
12 successors from the first group shall be elected for
13 successive terms of two years, four years and four years;
14 and members or their successors from the second group
15 shall be elected for successive terms of four years, four
16 years, and two years.
17 (2) Qualifications. A director shall be a resident of
18 the district he or she represents and member of the
19 corporation. No person who is an employee in any managerial
20 or supervisory capacity, director, officer or agent or who is
21 a member of the immediate family of any such employee,
22 director, officer or agent of any consumer service provider
23 public utility is eligible to be a director. No director may
24 hold any elective position, be a candidate for any elective
25 position, be a State public official, be employed by the
26 Illinois Commerce Commission, or be employed in a
27 governmental position exempt from the Personnel Code.
28 (3) Director, Family Member Employment. No director,
29 nor member of his or her immediate family shall, either
30 directly or indirectly, be employed for compensation as a
31 staff member or consultant of the corporation.
32 (4) Meetings. The board shall hold regular meetings at
33 least once every 3 months on such dates and at such places as
34 it may determine. Special meetings may be called by the
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1 president or by a majority of the directors upon at least 7
2 days' advance written notice. Unless otherwise provided in
3 the bylaws, a majority of the board of directors shall
4 constitute a quorum; provided, that in no event shall a
5 quorum consist of less than one-third of the board of
6 directors. The act of the majority of the directors,
7 present at a meeting at which a quorum is present, shall be
8 the act of the board of directors unless the act of a greater
9 number is required by this Act or bylaws. A summary of the
10 minutes of every board meeting shall be made available to
11 each public library in the State upon request and to
12 individuals upon request.
13 (5) Expenses. A director may not receive any
14 compensation for his or her services but shall be reimbursed
15 for necessary expenses, including travel expenses incurred in
16 the discharge of duties. The board shall establish standard
17 allowances for mileage, room and meals and the purposes for
18 which such allowances may be made and shall determine the
19 reasonableness and necessity for such reimbursements. The
20 board shall include the schedule of such standard allowances
21 in the annual report under subsection (4) (d) of Section 7.
22 (6) Bonding. Directors and employees eligible to
23 disburse funds shall be bonded. The costs of such bonds
24 shall be paid by the corporation.
25 (Source: P.A. 84-1093.)
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.