Illinois General Assembly - Illinois Compiled Statutes

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35 ILCS 645/5-5

(35 ILCS 645/5-5)

Sec. 5-5.

Municipal electricity infrastructure maintenance fee.

(a) Any municipality that on the effective date of this Law had in effect a
franchise agreement with an electricity deliverer may
impose an infrastructure maintenance fee upon
electricity
deliverers, as compensation for granting electricity deliverers the privilege
of using public rights
of way, in an amount specified in subsection (b) of this Section.  If more than
one electricity
deliverer is responsible for the delivery of the same electricity to the same
consumer, the fee
related to that electricity shall be imposed upon the electricity deliverer who
last physically uses
the public way for delivery of that electricity prior to its consumption.

(b) (1) In municipalities with a population greater than 500,000, the
amount of the
infrastructure maintenance fee imposed under this Section shall not exceed the
following
maximum rates for kilowatt-hours delivered within the municipality to each
purchaser:

(i) For the first 2,000 kilowatt-hours of electricity

used or consumed in a month: 0.53 cents per kilowatt-hour;

(ii) For the next 48,000 kilowatt-hours of

electricity used or consumed in a month: 0.35 cents per kilowatt-hour;

(iii) For the next 50,000 kilowatt-hours of

electricity used or consumed in a month: 0.31 cents per kilowatt-hour;

(iv) For the next 400,000 kilowatt-hours of

electricity used or consumed in a month: 0.305 cents per kilowatt-hour;

(v) For the next 500,000 kilowatt-hours of

electricity used or consumed in a month: 0.30 cents per kilowatt-hour;

(vi) For the next 2,000,000 kilowatt-hours of

electricity used or consumed in a month: 0.28 cents per kilowatt-hour;

(vii) For the next 2,000,000 kilowatt-hours of

electricity used or consumed in a month: 0.275 cents per kilowatt-hour;

(viii) For the next 5,000,000 kilowatt-hours of

electricity used or consumed in a month: 0.27 cents per kilowatt-hour;

(ix) For the next 10,000,000 kilowatt-hours used or

consumed in a month: 0.265 cents per kilowatt-hour;

(x) For all kilowatt-hours of electricity in excess

of 20,000,000 kilowatt-hours used or consumed in a month: 0.26 cents per kilowatt-hour.

(2) In municipalities with a population of 500,000 or less, the amount of the
infrastructure
maintenance fee imposed under this Section shall be imposed based on the
kilowatt-hour
categories set forth above and shall be calculated on a monthly basis for
kilowatt-hours of
electricity delivered to each purchaser; provided, that if, immediately
prior to imposing an
infrastructure maintenance fee, such municipality receives franchise fees,
permit fees, free
electrical service, or other forms of compensation pursuant to an existing
franchise agreement, the
rates established for these kilowatt-hour categories for such infrastructure
maintenance fee during
the term of the franchise agreement shall not exceed rates reasonably
calculated, at the time such
infrastructure maintenance fee is initially imposed, to generate an amount of
revenue equivalent
to the value of the compensation received or provided under the franchise
agreement.

(3) Notwithstanding any other provision of this subsection (b), a fee shall
not be imposed
if and to the extent that imposition or collection of the fee would violate the
Constitution or
statutes of the United States or the statutes or Constitution of the State of
Illinois.

(c) Any electricity deliverer may collect the amount of a fee imposed under
this
Section from the purchaser using or consuming the electricity with respect to
which the fee was
imposed.  The fee may be collected by the electricity deliverer from the
purchaser as a
separately stated charge on the purchaser's bills or in any other manner
permitted from time to
time by law or by the electricity deliverer's tariffs.
The electricity deliverer shall be allowed credit for any portion of the fee
related to deliveries of electricity the charges for which are written off as
uncollectible, provided, that if such charges are thereafter collected, the
electricity deliverer shall be obligated to pay such fee.  For purposes of this
Section, any partial payment not specifically identified by the purchaser shall
be deemed to be for the delivery of electricity.  No ordinance imposing the fee
authorized by this Section with respect to the kilowatt-hours delivered to
non-residential customers shall be effective
until October 1, 1999.  For purposes of this
Law, the period of time from the effective date of this Law through and
including September 30, 1999 shall be referred to as the "Initial Period."

(d) As between the electricity deliverer and the municipality, the fee
authorized by
this Section shall be collected, enforced, and administered by the municipality
imposing the fee.
Any municipality adopting an ordinance imposing an infrastructure maintenance
fee under this
Law shall give written notice to each electricity deliverer subject to the fee
not less than 60 days
prior to the date the fee is imposed.

(Source: P.A. 90-561, eff. 8-1-98.)