(220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
Sec. 3-105. Public utility. (a) "Public utility" means and includes, except where
otherwise expressly provided in this Section, every corporation, company,
limited liability company, association, joint stock company or association,
firm, partnership or individual, their lessees, trustees, or receivers
appointed by any court whatsoever that owns, controls, operates or manages,
within this State, directly or indirectly, for public use, any plant, equipment
or property used or to be used for or in connection with, or owns or controls
any franchise, license, permit or right to engage in:
(1) the production, storage, transmission, sale, |
| delivery or furnishing of heat, cold, power, electricity, water, or light, except when used solely for communications purposes;
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(2) the disposal of sewerage; or
(3) the conveyance of oil or gas by pipe line.
(b) "Public utility" does not include, however:
(1) public utilities that are owned and operated by
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| any political subdivision, public institution of higher education or municipal corporation of this State, or public utilities that are owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents;
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(2) water companies which are purely mutual concerns,
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| having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person;
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(3) electric cooperatives as defined in Section 3-119;
(4) the following natural gas cooperatives:
(A) residential natural gas cooperatives that are
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| not-for-profit corporations established for the purpose of administering and operating, on a cooperative basis, the furnishing of natural gas to residences for the benefit of their members who are residential consumers of natural gas. For entities qualifying as residential natural gas cooperatives and recognized by the Illinois Commerce Commission as such, the State shall guarantee legally binding contracts entered into by residential natural gas cooperatives for the express purpose of acquiring natural gas supplies for their members. The Illinois Commerce Commission shall establish rules and regulations providing for such guarantees. The total liability of the State in providing all such guarantees shall not at any time exceed $1,000,000, nor shall the State provide such a guarantee to a residential natural gas cooperative for more than 3 consecutive years; and
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(B) natural gas cooperatives that are
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| 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 and that, prior to 90 days after the effective date of this amendatory Act of the 94th General Assembly, either had acquired or had entered into an asset purchase agreement to acquire all or substantially all of the operating assets of a public utility or natural gas cooperative with the intention of operating those assets as a natural gas cooperative;
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(5) sewage disposal companies which provide sewage
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| disposal services on a mutual basis without establishing rates or charges for services, but paying the operating expenses by assessment upon the members of the company and no others;
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(6) (blank);
(7) cogeneration facilities, small power production
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| facilities, and other qualifying facilities, as defined in the Public Utility Regulatory Policies Act and regulations promulgated thereunder, except to the extent State regulatory jurisdiction and action is required or authorized by federal law, regulations, regulatory decisions or the decisions of federal or State courts of competent jurisdiction;
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(8) the ownership or operation of a facility that
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| 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;
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(9) alternative retail electric suppliers as defined
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(10) the Illinois Power Agency.
(c) An entity that furnishes the service of charging electric vehicles does not and shall not be deemed to sell electricity and
is not and shall not be deemed a public utility notwithstanding the basis on which the service is provided or billed. If, however, the entity is otherwise deemed a public utility under this Act, or is otherwise
subject to regulation under this Act, then that entity is not exempt
from and remains subject to the otherwise applicable provisions of this Act. The installation, maintenance, and repair of an electric vehicle charging station shall comply with the requirements of subsection (a) of Section 16-128 and Section 16-128A of this Act.
For purposes of this subsection, the term "electric vehicles" has the
meaning ascribed to that term in Section 10 of the Electric Vehicle
Act.
(Source: P.A. 97-1128, eff. 8-28-12.)
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(220 ILCS 5/3-112) (from Ch. 111 2/3, par. 3-112)
Sec. 3-112.
"Company," when used in connection with a public utility,
includes any corporation, company, limited liability company, association,
joint stock company or association, firm, partnership or individual, their
lessees, trustees, or receivers appointed by any court whatsoever, owning,
holding, operating, controlling or managing such a public utility, but not
municipal corporations. "Company" when used other than in connection with a
public utility, includes any corporation, company, limited liability company,
association, joint stock company or association, firm or partnership, but does
not include municipal corporations.
(Source: P.A. 88-480.)
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(220 ILCS 5/3-125) Sec. 3-125. Final capitalized plant cost. "Final capitalized plant cost" means the total capitalized asset cost of the plant of the clean coal SNG facility as reflected on the balance sheet of the facility at the time of the commercial production date, with such capitalized cost to be accrued in accordance with generally accepted accounting principles, and includes, without limitation, the following items: major equipment, the SNG pipeline from the plant to the receiving pipeline, water lines, railroad improvements, access road improvements, all coal transportation assets, including the slurry line, slurry prep plant, carbon dioxide capture metering and compression, licensing fees, all costs incurred in the management planning, oversight and execution of the construction and start-up of the plant, and all fees and costs payable under engineering, procurement, and design contracts for the construct of the plant accrued as of the time of the commercial production date, but does not include capitalized financing costs including capitalized interest during construction and all fees associated with financing, coal reserve leasing costs, marketing, training, any and all costs payable under the contract miner agreement, the cost of coal mining equipment and similar costs, and any other costs, including general and administrative costs, not reasonably incurred in connection with the design, construction, testing, start-up, or commissioning of the plant in preparation for commercial production date.
(Source: P.A. 97-239, eff. 8-2-11.) |