Chapter 220 — UTILITIES

(220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202) Sec. 5-202. Violations; penalty. Any public utility, any corporation other than a public utility, or any person acting as a public utility, that violates or fails to comply with any provisions of this Act or that fails to obey, ob…

(220 ILCS 5/5-202.1) Sec. 5-202.1. Misrepresentation before Commission; penalty. (a) Any person or corporation, as defined in Sections 3-113 and 3-114 of this Act, who knowingly misrepresents facts to the Commission in response to any Commission contact, inquiry or discussion or …

(220 ILCS 5/5-203) (from Ch. 111 2/3, par. 5-203) Sec. 5-203. Every person who, either individually, or acting as an officer, agent, or employee of a public utility or of a corporation other than a public utility, violates or fails to comply with any provisions of this Act, or fa…

(220 ILCS 5/6-101) (from Ch. 111 2/3, par. 6-101) Sec. 6-101. The power of public utilities to issue stocks, stock certificates, bonds, notes and other evidences of indebtedness and to create liens on their property is a special privilege, the right of supervision, regulation, re…

(220 ILCS 5/6-102) (from Ch. 111 2/3, par. 6-102) Sec. 6-102. Authorization of issues of stock. (a) Subject to the provisions of this Act and of the order of the Commission issued as provided in this Act, a public utility may issue stocks and stock certificates, and bonds, notes …

(220 ILCS 5/6-103) (from Ch. 111 2/3, par. 6-103) Sec. 6-103. The capitalization of a public utility formed by a merger or consolidation of two or more corporations shall be subject to the approval of the Commission, but in no event shall the Commission approve a capitalization e…

(220 ILCS 5/6-104) (from Ch. 111 2/3, par. 6-104) Sec. 6-104. All stock and every stock certificate, and every bond, note or other evidence of indebtedness, of a public utility, not payable within twelve months issued without an order of the Commission authorizing the same then i…

(220 ILCS 5/6-105) (from Ch. 111 2/3, par. 6-105) Sec. 6-105. Every public utility which, directly or indirectly, issues or causes to be issued, any stock, stock certificate, bond, note or other evidence of indebtedness, in non-conformity with the order of the Commission authoriz…

(220 ILCS 5/6-106) (from Ch. 111 2/3, par. 6-106) Sec. 6-106. Every officer, agent or employee of a public utility, and every other person who knowingly authorizes, directs, issues or executes, causes to be issued or executed, or aids in the issue or execution of any stock, stock…

(220 ILCS 5/6-107) (from Ch. 111 2/3, par. 6-107) Sec. 6-107. No provisions of this Act, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Illinois to pay or guarantee, in any manner whatsoever, any stock or…

(220 ILCS 5/6-108) (from Ch. 111 2/3, par. 6-108) Sec. 6-108. The Commission shall charge every public utility receiving permission under this Act for the issue of stocks, bonds, notes and other evidences of indebtedness an amount equal to 12 cents for every $100 of the par or st…

(220 ILCS 5/7-101) (from Ch. 111 2/3, par. 7-101) Sec. 7-101. Transactions with affiliated interests. (1) The Commission shall have jurisdiction over holders of the voting capital stock of all public utilities under the jurisdiction of the Commission to such extent as may be nece…

(220 ILCS 5/7-102) (from Ch. 111 2/3, par. 7-102) (Text of Section before amendment by P.A. 104-458) Sec. 7-102. Transactions requiring Commission approval. (A) Unless the consent and approval of the Commission is first obtained or unless such approval is waived by the Commission…

(220 ILCS 5/7-103) (from Ch. 111 2/3, par. 7-103) Sec. 7-103. (1) Whenever the Commission finds that the capital of any public utility has become impaired, or will be impaired by the payment of a dividend, the Commission shall have power to order said public utility to cease and …

(220 ILCS 5/7-104) (from Ch. 111 2/3, par. 7-104) Sec. 7-104. In a proceeding before the Commission in which the consent and approval of the Commission to the sale, lease or other disposition of any real property owned by a public utility is sought, any tenant in possession who h…

(220 ILCS 5/7-105) Sec. 7-105. (a) Notwithstanding anything to the contrary in Sections 6-103, 7-101, 7-102, 7-203, 7-204, and 7-204A of this Act or any rule or regulation promulgated by the Commission, a public utility providing electric service to more than 500,000 customers in…

(220 ILCS 5/7-106) Sec. 7-106. (a) Subject to the limitations contained in this Section 7-106, and notwithstanding anything to the contrary in Section 6-103 and items (f), (g), and (h) of subsection (A) of Section 7-102 of this Act or any rule or regulation promulgated by the Com…

(220 ILCS 5/7-107) Sec. 7-107. Nothing in Section 7-105 or 7-106 of this Act shall be construed as (a) limiting the ability of any public utility to engage in, or the authority of the Commission to authorize, any transaction subject to Section 7-101, 7-102, 7-204, or 7-204A of th…

(220 ILCS 5/7-108) Sec. 7-108. (a) Where an affiliate of an electric public utility has offered an unregulated sale of electricity, and such affiliate would use a portion of the utility's distribution or transmission facilities to distribute or transmit the electricity that is to…

(220 ILCS 5/7-201) (from Ch. 111 2/3, par. 7-201) Sec. 7-201. No franchise, license, permit or right to own, operate, manage or control any public utility, except common carriers engaged in interstate commerce and except telegraph or telephone companies engaged in interstate comm…

(220 ILCS 5/7-202) (from Ch. 111 2/3, par. 7-202) Sec. 7-202. (Repealed). (Source: P.A. 90-372, eff. 7-1-98. Repealed internally, eff. 7-1-98.)

(220 ILCS 5/7-203) (from Ch. 111 2/3, par. 7-203) Sec. 7-203. No franchise, license, permit or right to own, operate, manage or control any public utility shall be assigned, transferred or leased nor shall any contract or agreement with reference to or affecting any such franchis…

(220 ILCS 5/7-204) (from Ch. 111 2/3, par. 7-204) Sec. 7-204. Reorganization defined; Commission approval. (a) For purposes of this Section, "reorganization" means any transaction which, regardless of the means by which it is accomplished, results in a change in the ownership of …

(220 ILCS 5/7-204A) (from Ch. 111 2/3, par. 7-204A) Sec. 7-204A. (a) No Illinois public utility may reorganize as defined in Section 7-204 until the Commission has approved the application therefor. The application for approval of reorganization must at a minimum include the foll…

(220 ILCS 5/7-205) (from Ch. 111 2/3, par. 7-205) Sec. 7-205. If any public utility is engaged in carrying on any business other than that of a public utility, which other business is not otherwise subject to the jurisdiction of the Commission, that public utility in respect of s…

(220 ILCS 5/7-206) (from Ch. 111 2/3, par. 7-206) Sec. 7-206. Separate accounts for nonpublic business of public utility. The Commission may require every public utility engaged directly or indirectly in any other than a public utility business, as defined by law, to keep separat…

(220 ILCS 5/7-207) (from Ch. 111 2/3, par. 7-207) Sec. 7-207. Nonprofit affiliates. (a) A public utility or telecommunications carrier may organize a not-for-profit corporation for the purpose of assisting low-income consumers in the acquisition of utility and telephone services.…

(220 ILCS 5/7-208) Sec. 7-208. HVAC affiliate marketing. (a) "HVAC affiliate" means all affiliated interests of a gas utility that provide heating, ventilating, or air conditioning services to customers within the service territory of the affiliated gas utility. (b) When an HVAC …

(220 ILCS 5/7-209) Sec. 7-209. Marketing limitation; gas utilities. If a gas utility has an HVAC affiliate, the prohibition contained in this Section applies to the employees of the gas utility. While a gas utility employee is responding to a service call related to services prov…

(220 ILCS 5/7-210) Sec. 7-210. Commission oversight of nonpublic, unregulated sales at retail of natural gas by public utilities. (a) This Section shall apply to any gas utility that served more than 60,000 gas customers but less than 75,000 gas customers in this State on January…

(220 ILCS 5/7-213) Sec. 7-213. Limitations on the transfer of water systems. (a) In the event of a sale, purchase, or any other transfer of ownership, including, without limitation, the acquisition by eminent domain, of a water system, as defined under Section 11-124-5 of the Ill…

(220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101) Sec. 8-101. Duties of public utilities; nondiscrimination. A public utility shall furnish, provide, and maintain such service instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenien…

(220 ILCS 5/8-101.1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 8-101.1. Duties of public utilities; labor force. (a) As used in this Section: "Labor force" means the employees hired directly by the utility and all employees of any and al…

(220 ILCS 5/8-101.5) Sec. 8-101.5. Use of credit information of prospective and existing customers. A public utility may not deny, cancel, or nonrenew utility service solely on the basis of credit information of prospective or existing customers. If a public utility denies, cance…

(220 ILCS 5/8-102) (from Ch. 111 2/3, par. 8-102) Sec. 8-102. Audit or investigation. The Commission is authorized to conduct or order a management audit or investigation of any public utility or part thereof. The audit or investigation may examine the reasonableness, prudence, o…

(220 ILCS 5/8-103) Sec. 8-103. Energy efficiency and demand-response measures. (a) It is the policy of the State that electric utilities are required to use cost-effective energy efficiency and demand-response measures to reduce delivery load. Requiring investment in cost-effecti…

(220 ILCS 5/8-103A) Sec. 8-103A. Energy efficiency analysis. Beginning in 2013, an electric utility subject to the requirements of Section 8-103 of this Act shall include in its energy efficiency and demand-response plan submitted pursuant to subsection (f) of Section 8-103 an an…

(220 ILCS 5/8-103B) (Text of Section before amendment by P.A. 104-458) Sec. 8-103B. Energy efficiency and demand-response measures. (a) It is the policy of the State that electric utilities are required to use cost-effective energy efficiency and demand-response measures to reduc…

(220 ILCS 5/8-104) (Text of Section before amendment by P.A. 104-458) Sec. 8-104. Natural gas energy efficiency programs. (a) It is the policy of the State that natural gas utilities and the Department of Commerce and Economic Opportunity are required to use cost-effective energy…

(220 ILCS 5/8-105) Sec. 8-105. (Repealed). (Source: P.A. 96-33, eff. 7-10-09. Repealed internally, eff. 12-31-11.)

(220 ILCS 5/8-201) (from Ch. 111 2/3, par. 8-201) Sec. 8-201. It is the policy of this State that no person should be denied essential utility service during the winter months due to financial inability to pay. It is also the policy of this State that public utilities and residen…

(220 ILCS 5/8-201.10) Sec. 8-201.10. Disconnection and credit and collections reporting. (a) The Commission shall require all gas, electric, water and sewer public utilities under its authority to submit an annual report by May 1, 2022 and every May 1 thereafter, reporting and ma…

(220 ILCS 5/8-201.4) Sec. 8-201.4. Prohibition on use of utility name or logo by non-utility entity. No non-utility individual, business, or entity shall use a public utility name or logo, in whole or in part, in any manner to market, solicit, sell, or bill for a home insurance, …

(220 ILCS 5/8-201.5) Sec. 8-201.5. Military personnel in military service; no stoppage of gas or electricity; arrearage. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is…

(220 ILCS 5/8-201.6) Sec. 8-201.6. Deferral of deposit; victims of domestic violence. For the purposes of this Section, "domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domesti…

(220 ILCS 5/8-201.7) Sec. 8-201.7. Prohibition on deposits for low-income residential customers or applicants. (a) On and after the effective date of this amendatory Act of the 102nd General Assembly, no electric or gas utility shall, as a condition for standard service, require …

(220 ILCS 5/8-201.8) Sec. 8-201.8. Prohibition on late payment fees for low-income residential customers or applicants. (a) Notwithstanding any other provision of this Act, as of the effective date of this amendatory Act of the 102nd General Assembly, an electric utility shall no…

(220 ILCS 5/8-201.9) Sec. 8-201.9. Prohibition on credit card convenience fees. (a) No electric or natural gas utility shall assess any convenience fee, surcharge, or other fee to any customer who elects to pay for service using a credit card that the electric or natural gas util…

(220 ILCS 5/8-202) (from Ch. 111 2/3, par. 8-202) Sec. 8-202. Any public utility, or two or more public utilities, which furnishes electricity or gas for space heating shall, during the calendar months of November, December, January, February, and March: (a) give written notice o…

(220 ILCS 5/8-203) (from Ch. 111 2/3, par. 8-203) Sec. 8-203. No public utility company which furnishes gas or electricity for space heating shall, during the calendar months of October, November, December, January, February and March, terminate or cut off service to any residenc…