Public Act 095-0814
 		





HB4838 Enrolled
LRB095 18999 AMC 45171 b






    AN ACT concerning regulation.

 
    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 9-225 as follows:
 



    (220 ILCS 5/9-225)  (from Ch. 111 2/3, par. 9-225)



    Sec. 9-225. (1) For the purposes of this Section: 

    (a) "Advertising" means the commercial use, by an electric, 
or gas, water, or sewer utility,
of any media, including 
newspapers, printed matter, radio and television,
in order to 
transmit a message to a substantial number of members of the

public or to such utility's consumers;

    (b) "Political advertising" means any advertising for the 
purpose of
influencing public opinion with respect to 
legislative, administrative or
electoral matters, or with 
respect to any controversial issue of public importance;

    (c) "Promotional advertising" means any advertising for 
the purpose of
encouraging any person to select or use the 
service or additional service
of a utility or the selection or 
installation of any appliance or equipment
designed to use such 
utility's service; and

    (d) "Goodwill or institutional advertising" means any 
advertising either
on a local or national basis designed 
primarily to bring the utility's name
before the general public 
in such a way as to improve the image of the utility
or to 
promote controversial issues for the utility or the industry.

    (2) In any general rate increase requested by any gas, or 
electric, water, or sewer utility
company under the provisions 
of this Act, the Commission shall not consider,
for the purpose 
of determining any rate, charge or classification of costs,
any 
direct or indirect expenditures for promotional, political, 
institutional
or goodwill advertising, unless the Commission 
finds the advertising to
be in the best interest of the 
Consumer or authorized as provided pursuant
to subsection 3 of 
this Section.

    (3) The following categories of advertising shall be 
considered allowable
operating expenses for gas, or electric, 
water, or sewer utilities:

    (a) Advertising which informs consumers how they can 
conserve energy or water, or
can reduce peak demand for 
electric or gas energy, or reduce demand for water;

    (b) Advertising required by law or regulations, including 
advertising
required under Part I of Title II of the National 
Energy Conservation Policy Act;

    (c) Advertising regarding service interruptions, safety 
measures
or emergency conditions;

    (d) Advertising concerning employment opportunities with 
such utility;

    (e) Advertising which promotes the use of energy efficient 
appliances,
equipment or services;

    (f) Explanations of existing or proposed rate schedules or 
notifications
of hearings thereon;

    (g) Advertising that identifies the location and operating 
hours of company
business offices;

    (h) Advertising which promotes the shifting of demand from 
peak to off-peak
hours or which encourages the off-peak usage 
of the service; and

    (i) "Other" categories of advertisements not includable in 
paragraphs
(a) through (h), but which are not political, 
promotional, institutional
or goodwill advertisements.

(Source: P.A. 84-617.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.