35 ILCS 645/5-5
2021 Illinois Compiled Statutes|Chapter 35 - REVENUE|35 ILCS 645/ - Electricity Infrastructure Maintenance Fee Law.|Article 5 - Electricity Infrastructure Maintenance Fee Law

Sec. 5-5.     Municipal electricity infrastructure maintenance fee.(a) Any municipality that on the effective date of this Law had in effect a  franchise agreement with an electricity deliverer may  impose an infrastructure maintenance fee upon  electricity  deliverers, as compensation for granting electricity deliverers the privilege  of using public rights  of way, in an amount specified in subsection (b) of this Section.  If more than  one electricity  deliverer is responsible for the delivery of the same electricity to the same  consumer, the fee  related to that electricity shall be imposed upon the electricity deliverer who  last physically uses  the public way for delivery of that electricity prior to its consumption.(b) (1) In municipalities with a population greater than 500,000, the  amount of the  infrastructure maintenance fee imposed under this Section shall not exceed the  following  maximum rates for kilowatt-hours delivered within the municipality to each  purchaser:(i) For the first 2,000 kilowatt-hours of electricity     used or consumed in a month: 0.53 cents per kilowatt-hour;(ii) For the next 48,000 kilowatt-hours of     electricity used or consumed in a month: 0.35 cents per kilowatt-hour;(iii) For the next 50,000 kilowatt-hours of     electricity used or consumed in a month: 0.31 cents per kilowatt-hour;(iv) For the next 400,000 kilowatt-hours of     electricity used or consumed in a month: 0.305 cents per kilowatt-hour;(v) For the next 500,000 kilowatt-hours of     electricity used or consumed in a month: 0.30 cents per kilowatt-hour;(vi) For the next 2,000,000 kilowatt-hours of     electricity used or consumed in a month: 0.28 cents per kilowatt-hour;(vii) For the next 2,000,000 kilowatt-hours of     electricity used or consumed in a month: 0.275 cents per kilowatt-hour;(viii) For the next 5,000,000 kilowatt-hours of     electricity used or consumed in a month: 0.27 cents per kilowatt-hour;(ix) For the next 10,000,000 kilowatt-hours used or     consumed in a month: 0.265 cents per kilowatt-hour;(x) For all kilowatt-hours of electricity in excess     of 20,000,000 kilowatt-hours used or consumed in a month: 0.26 cents per kilowatt-hour.(2) In municipalities with a population of 500,000 or less, the amount of the  infrastructure  maintenance fee imposed under this Section shall be imposed based on the  kilowatt-hour  categories set forth above and shall be calculated on a monthly basis for  kilowatt-hours of  electricity delivered to each purchaser; provided, that if, immediately  prior to imposing an  infrastructure maintenance fee, such municipality receives franchise fees,  permit fees, free  electrical service, or other forms of compensation pursuant to an existing  franchise agreement, the  rates established for these kilowatt-hour categories for such infrastructure  maintenance fee during  the term of the franchise agreement shall not exceed rates reasonably  calculated, at the time such  infrastructure maintenance fee is initially imposed, to generate an amount of  revenue equivalent  to the value of the compensation received or provided under the franchise  agreement.(3) Notwithstanding any other provision of this subsection (b), a fee shall  not be imposed  if and to the extent that imposition or collection of the fee would violate the  Constitution or  statutes of the United States or the statutes or Constitution of the State of  Illinois.(c) Any electricity deliverer may collect the amount of a fee imposed under  this  Section from the purchaser using or consuming the electricity with respect to  which the fee was  imposed.  The fee may be collected by the electricity deliverer from the  purchaser as a  separately stated charge on the purchaser's bills or in any other manner  permitted from time to  time by law or by the electricity deliverer's tariffs.  The electricity deliverer shall be allowed credit for any portion of the fee  related to deliveries of electricity the charges for which are written off as  uncollectible, provided, that if such charges are thereafter collected, the  electricity deliverer shall be obligated to pay such fee.  For purposes of this  Section, any partial payment not specifically identified by the purchaser shall  be deemed to be for the delivery of electricity.  No ordinance imposing the fee  authorized by this Section with respect to the kilowatt-hours delivered to  non-residential customers shall be effective  until October 1, 1999.  For purposes of this  Law, the period of time from the effective date of this Law through and  including September 30, 1999 shall be referred to as the "Initial Period."(d) As between the electricity deliverer and the municipality, the fee  authorized by  this Section shall be collected, enforced, and administered by the municipality  imposing the fee.  Any municipality adopting an ordinance imposing an infrastructure maintenance  fee under this  Law shall give written notice to each electricity deliverer subject to the fee  not less than 60 days  prior to the date the fee is imposed.    (Source: P.A. 90-561, eff. 8-1-98.)