Public Act 096-0435

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Public Act 096-0435

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Public Act 0435 96TH GENERAL ASSEMBLY 







 

 		


Public Act 096-0435
 		





SB2338 Enrolled
LRB096 09432 MJR 19589 b






    AN ACT concerning utilities.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Public Utilities Act is amended  by changing 
Section 19-105 as follows:
 



    (220 ILCS 5/19-105)



    Sec. 19-105. Definitions. For the purposes of this Article, 
the following
terms shall be defined as set forth in this 
Section.

    "Alternative gas supplier" means every person, 
cooperative, corporation,
municipal corporation, company, 
association, joint stock company or
association, firm,

partnership, individual, or other entity, their lessees, 
trustees, or receivers
appointed by
any court whatsoever, that 
offers gas for sale, lease, or in exchange for other
value

received to one or more customers, or that engages in the 
furnishing of gas to
one or
more customers, and shall include 
affiliated interests of a gas utility,
resellers,
aggregators 
and marketers, but shall not include (i) gas utilities (or any

agent of the gas
utility to the extent the gas utility provides 
tariffed services to customers
through an
agent); (ii) public 
utilities that are owned and operated by any political

subdivision, public institution of higher education or 
municipal corporation
of this State, or public utilities that 
are owned by a political
subdivision, public institution of 
higher education, or municipal corporation
and operated by any 
of its lessees or operating agents; (iii)
natural gas 
cooperatives that are not-for-profit corporations operated for

the purpose of administering, on a cooperative basis, the

furnishing of natural gas for the benefit of their members who

are
consumers of natural gas; and (iv) the ownership or 
operation
of a facility that sells compressed natural gas at 
retail to the public for use
only as a motor vehicle fuel and 
the selling of compressed natural gas at
retail to the public 
for use only as a motor vehicle fuel.

    "Gas utility" means a public utility, as defined in Section 
3-105 of this
Act,
that
has a franchise, license, permit, or 
right to furnish or sell gas
or transportation services to

customers within a service area.

    "Residential customer" means a customer who receives gas 
utility service for
household purposes distributed to a 
dwelling of 2 or fewer units which is
billed under
a 
residential rate or gas utility service for household purposes 
distributed to
a dwelling
unit or units which is billed under a 
residential rate and is registered by a
separate meter
for each 
dwelling unit.

    "Service area" means (i) the geographic area within which a 
gas utility was
lawfully entitled to provide gas to customers 
as of the effective date
of this
amendatory
Act of the 92nd 
General Assembly and includes (ii) the location of any
customer 
to
which the gas utility was lawfully providing gas utility 
services on such
effective date.

    "Single billing" means the combined billing of the services 
provided by both a natural gas utility and an alternative gas 
supplier to any customer who has enrolled in a customer choice 
program. 
    "Small commercial customer" means a nonresidential retail 
customer of
a
natural gas utility
who is identified by the 
alternative gas supplier, prior
to becoming a customer of the 
alternative gas supplier, as
consuming 5,000 or fewer therms of 
natural gas
during the previous year; provided that any 
alternative gas
supplier may remove the customer from 
designation as a "small
commercial customer" if the customer 
consumes more than 5,000 therms
of natural gas in any calendar 
year after becoming a customer of the
alternative gas supplier.

    "Tariffed service" means a service provided to customers by 
a gas
utility as
defined by its rates on file with the 
Commission pursuant to the provisions of
Article IX
of this 
Act.

    "Transportation services" means those services provided by 
the gas utility
that
are necessary in order for the storage, 
transmission and distribution systems
to
function so that

customers located in the gas utility's service area can receive 
gas from
suppliers other
than the gas utility and shall 
include, without limitation, standard metering
and billing

services.

(Source: P.A. 94-738, eff. 5-4-06.)






                                        
                                    

                                

                            

                        

                    

                

            

            

                

                    Effective Date: 1/1/2010