Chapter 220 — UTILITIES

(220 ILCS 5/9-104) (from Ch. 111 2/3, par. 9-104) Sec. 9-104. No public utility shall undertake to perform any service or to furnish any product or commodity unless or until the rates and other charges and classifications, rules and regulations relating thereto, applicable to suc…

(220 ILCS 5/9-107) Sec. 9-107. Revenue balancing adjustments. (a) In this Section: "Reconciliation period" means a period beginning with the January monthly billing period and extending through the December monthly billing period. "Rate case reconciliation revenue requirement" me…

(220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201) Sec. 9-201. (a) Unless the Commission otherwise orders, and except as otherwise provided in this Section, no change shall be made by any public utility in any rate or other charge or classification, or in any rule, regulation, pra…

(220 ILCS 5/9-201.5) Sec. 9-201.5. Decommissioning nuclear power plants; rates. (a) The Commission may after hearing, in a rate case or otherwise, authorize the institution of rate provisions or tariffs that increase or decrease charges to customers to reflect changes in, or addi…

(220 ILCS 5/9-202) (from Ch. 111 2/3, par. 9-202) Sec. 9-202. (a) Whenever the Commission is of the opinion and so finds after an examination of any report or reports, annual or otherwise, filed with the Commission by any public utility, together with any other facts or informati…

(220 ILCS 5/9-210) (from Ch. 111 2/3, par. 9-210) Sec. 9-210. The Commission shall have power to ascertain the value of the property of every public utility in this State and every fact which in its judgment may or does have any bearing on such value. In all proceedings before th…

(220 ILCS 5/9-210.5) (Section scheduled to be repealed on June 1, 2028) Sec. 9-210.5. Valuation of water and sewer utilities. (a) In this Section: "Disinterested" means that the person directly involved (1) is not a director, officer, or an employee of the large public utility or…

(220 ILCS 5/9-210.6) Sec. 9-210.6. Continuation of Section 9-210.5 of this Act; validation. (a) The General Assembly finds and declares that: (1) Public Act 100-751, which took effect on August 10, 2018, contained provisions that would have changed the repeal date for Section 9-2…

(220 ILCS 5/9-211) (from Ch. 111 2/3, par. 9-211) Sec. 9-211. The Commission, in any determination of rates or charges, shall include in a utility's rate base only the value of such investment which is both prudently incurred and used and useful in providing service to public uti…

(220 ILCS 5/9-211.7) Sec. 9-211.7. Financial assistance; water and sewer utilities. (a) On and after the effective date of this amendatory Act of the 102nd General Assembly, notwithstanding any other provision of this Act, a water or sewer utility subject to the jurisdiction of t…

(220 ILCS 5/9-212) (from Ch. 111 2/3, par. 9-212) Sec. 9-212. No new electric utility generating plant or gas production facility, or significant addition to existing facilities or plant, shall be included in a utility's rate base unless and until the utility proves, and the Comm…

(220 ILCS 5/9-213) (from Ch. 111 2/3, par. 9-213) Sec. 9-213. The cost of new electric utility generating plants and significant additions to electric utility generating plants shall not be included in the rate base of any utility unless such cost is reasonable. Prior to includin…

(220 ILCS 5/9-214) (from Ch. 111 2/3, par. 9-214) Sec. 9-214. (a) As used in this Section: (1) "CWIP" means those assets which are recorded as construction work in progress on a public utility's books of accounts maintained in accordance with the applicable regulations and orders…

(220 ILCS 5/9-215) (from Ch. 111 2/3, par. 9-215) Sec. 9-215. The Commission shall have power to consider, on a case by case basis, the status of a utility's capacity and to determine whether or not such utility's capacity is in excess of that reasonably necessary to provide adeq…

(220 ILCS 5/9-215.1) (from Ch. 111 2/3, par. 9-215.1) Sec. 9-215.1. Capacity purchased from a qualified local solid waste energy facility shall not be included in the calculation of an electric utility's electricity generating capacity for the purposes of this Act, and shall not …

(220 ILCS 5/9-216) Sec. 9-216. (Repealed). (Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 100-840, eff. 8-13-18.)

(220 ILCS 5/9-217) (from Ch. 111 2/3, par. 9-217) Sec. 9-217. In each case or proceeding to determine the reasonableness of rates for any electric utility which involves the proposed inclusion of a significant new generation or production facility in rate base, the Commission may…

(220 ILCS 5/9-220) (from Ch. 111 2/3, par. 9-220) Sec. 9-220. Rate changes based on changes in fuel costs. (a) Notwithstanding the provisions of Section 9-201, the Commission may authorize the increase or decrease of rates and charges based upon changes in the cost of fuel used i…

(220 ILCS 5/9-220.1) (from Ch. 111 2/3, par. 9-220.1) Sec. 9-220.1. Environmental fees - modification of rates and charges. Any electric public utility may file a separate tariff designed to recover the fees paid under subsection 18 of Section 39.5 of the Environmental Protection…

(220 ILCS 5/9-220.2) Sec. 9-220.2. Water and sewer surcharges authorized. (a) The Commission may authorize a water or sewer utility to file a surcharge which adjusts rates and charges to provide for recovery of (i) the cost of purchased water, (ii) the cost of purchased sewage tr…

(220 ILCS 5/9-220.3) Sec. 9-220.3. (Repealed). (Source: P.A. 98-57, eff. 7-5-13. Repealed internally, eff. 12-31-23.)

(220 ILCS 5/9-221) (from Ch. 111 2/3, par. 9-221) Sec. 9-221. Whenever a municipality pursuant to Section 8-11-2 of the Illinois Municipal Code, as heretofore and hereafter amended, imposes a tax on any public utility, such utility may charge its customers, other than customers w…

(220 ILCS 5/9-222) (from Ch. 111 2/3, par. 9-222) Sec. 9-222. Whenever a tax is imposed upon a public utility engaged in the business of distributing, supplying, furnishing, or selling gas for use or consumption pursuant to Section 2 of the Gas Revenue Tax Act, or whenever a tax …

(220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1) Sec. 9-222.1. A business enterprise which is located within an area designated by a county or municipality as an enterprise zone pursuant to the Illinois Enterprise Zone Act or located in a federally designated Foreign Trade Z…

(220 ILCS 5/9-222.1A) Sec. 9-222.1A. High impact business. Beginning on August 1, 1998 and thereafter, a business enterprise that is certified as a High Impact Business by the Department of Commerce and Economic Opportunity (formerly Department of Commerce and Community Affairs) …

(220 ILCS 5/9-222.2) (from Ch. 111 2/3, par. 9-222.2) Sec. 9-222.2. Additional Charge - Recovery. The additional charge authorized by Section 9-221 or Section 9-222 shall be made (i) in the case of a tax measured by gross receipts or gross revenue, by adding to the customer's bil…

(220 ILCS 5/9-222.3) Sec. 9-222.3. (Repealed). (Source: P.A. 87-750. Repealed by P.A. 100-840, eff. 8-13-18.)

(220 ILCS 5/9-223) (from Ch. 111 2/3, par. 9-223) Sec. 9-223. Fire protection charge. (a) The Commission may authorize any public utility engaged in the production, storage, transmission, sale, delivery or furnishing of water to impose a fire protection charge, in addition to any…

(220 ILCS 5/9-224) (from Ch. 111 2/3, par. 9-224) Sec. 9-224. The Commission shall not consider as an expense of any public utility company, for the purpose of determining any rate or charge, any amount expended for political activity or lobbying as defined in the "Lobbyist Regis…

(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, gas, water, or sewer utility, of any media, including newspapers, printed matter, radio and television, in order to tran…

(220 ILCS 5/9-226) (from Ch. 111 2/3, par. 9-226) Sec. 9-226. In any general rate increase proceeding in which Section 9-225 of this Act applies, the following materials shall be made available to the Commission: (a) Copies of all advertisements and scripts included in the operat…

(220 ILCS 5/9-227) (from Ch. 111 2/3, par. 9-227) Sec. 9-227. It shall be proper for the Commission to consider as an operating expense, for the purpose of determining whether a rate or other charge or classification is sufficient, donations made by a public utility for the publi…

(220 ILCS 5/9-228) Sec. 9-228. Limits on public utility expenses. The Commission shall not consider any of the following as an expense of any public utility company, including any allocation of those costs to the public utility from an affiliate or corporate parent, for the purpo…

(220 ILCS 5/9-229) (Text of Section before amendment by P.A. 104-458) Sec. 9-229. Consideration of attorney and expert compensation as an expense and intervenor compensation fund. (a) The Commission shall specifically assess the justness and reasonableness of any amount expended …

(220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230) Sec. 9-230. Rate of return; financial involvement with nonutility or unregulated companies. In determining a reasonable rate of return upon investment for any public utility in any proceeding to establish rates or charges, the Com…

(220 ILCS 5/9-240) (from Ch. 111 2/3, par. 9-240) Sec. 9-240. Except as in this Act otherwise provided, no public utility shall charge, demand, collect or receive a greater or less or different compensation for any product, or commodity furnished or to be furnished, or for any se…

(220 ILCS 5/9-241) (from Ch. 111 2/3, par. 9-241) Sec. 9-241. Nondiscrimination. (a) No public utility shall, as to rates or other charges, services, facilities or in other respect, make or grant any preference or advantage to any corporation or person or subject any corporation …

(220 ILCS 5/9-242) Sec. 9-242. (Repealed). (Source: P.A. 84-617. Repealed by P.A. 100-840, eff. 8-13-18.)

(220 ILCS 5/9-243) (from Ch. 111 2/3, par. 9-243) Sec. 9-243. No public utility, or any officer or agent thereof, or any person acting for or employed by it, shall directly or indirectly, by any device or means whatsoever, suffer or permit any corporation or person to obtain any …

(220 ILCS 5/9-244) (from Ch. 111 2/3, par. 9-244) Sec. 9-244. Alternative rate regulation. (a) Notwithstanding any of the ratemaking provisions of this Article IX or other Sections of this Act, or the Commission's rules that are deemed to require rate of return regulation, and ex…

(220 ILCS 5/9-245) Sec. 9-245. Rates; environmental fines and remediation. In determining the rates for a public utility engaged in providing natural gas service, the Commission may not include any expenditure for fines or remediation and related activities incurred as a result o…

(220 ILCS 5/9-246) Sec. 9-246. Rates; lead hazard cost recovery by investor-owned water utilities. In determining the rates for an investor-owned public utility engaged in providing water service, the Commission shall allow the utility to recover annually any reasonable costs inc…

(220 ILCS 5/9-250) (from Ch. 111 2/3, par. 9-250) Sec. 9-250. Whenever the Commission, after a hearing had upon its own motion or upon complaint, shall find that the rates or other charges, or classifications, or any of them, demanded, observed, charged or collected by any public…

(220 ILCS 5/9-251) (from Ch. 111 2/3, par. 9-251) Sec. 9-251. The Commission shall have the power to investigate all existing or proposed interstate rates or other charges, and classifications, and all rules and practices in relation thereto, of any public utility, where any act …

(220 ILCS 5/9-252) (from Ch. 111 2/3, par. 9-252) Sec. 9-252. When complaint is made to the Commission concerning any rate or other charge of any public utility and the Commission finds, after a hearing, that the public utility has charged an excessive or unjustly discriminatory …

(220 ILCS 5/9-252.1) Sec. 9-252.1. When a customer pays a bill as submitted by a public utility and the billing is later found to be incorrect due to an error either in charging more than the published rate or in measuring the quantity or volume of service provided, the utility s…

(220 ILCS 5/9-253) Sec. 9-253. Refunds. (a) If the Commission or a court determines that a public utility has overcharged its customers and orders that a refund be made to customers of the utility, a portion of the refund shall be set aside during the refund period or for 120 day…

(220 ILCS 10/1) (from Ch. 111 2/3, par. 901) Sec. 1. Title. This Act may be cited as the Citizens Utility Board Act. (Source: P.A. 86-1475.)

(220 ILCS 10/10) (from Ch. 111 2/3, par. 910) Sec. 10. Prohibited Acts. (1) No person may interfere or threaten to interfere with or cause any interference with utility service or with the utility service of or penalize any person who contributes to the corporation or participate…

(220 ILCS 10/11) (from Ch. 111 2/3, par. 911) Sec. 11. Appointment of Interim Board of Directors. (1) Within 90 days after the effective date of this Act, an interim board of directors shall be appointed. The Board shall consist of 11 members. The Governor shall appoint 3 members…