220 ILCS 5/2-202
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article II - Illinois Commerce Commission

 (from Ch. 111 2/3, par. 2-202)Sec. 2-202. Policy; Public Utility Fund; tax.(a) It is declared to be the public policy of this State that  in order to maintain and foster the effective regulation of public  utilities under this Act in the interests of the People of the State of  Illinois and the public utilities as well, the public utilities subject  to regulation under this Act and which enjoy the privilege of operating  as public utilities in this State, shall bear the expense of  administering this Act by means of a tax on such privilege measured by the  annual gross revenue of such public utilities in the manner provided in  this Section. For purposes of this Section, "expense of  administering this Act" includes any costs incident to studies, whether  made by the Commission or under contract entered into by the Commission,  concerning environmental pollution problems caused or contributed to by  public utilities and the means for eliminating or abating those  problems. Such proceeds shall be deposited in the Public Utility Fund in  the State treasury.(b) All of the ordinary and contingent expenses of the  Commission incident to the administration of this Act shall be paid out  of the Public Utility Fund except the compensation of the members of the  Commission which shall be paid from the General Revenue Fund.  Notwithstanding other provisions of this Act to the contrary, the  ordinary and contingent expenses of the Commission incident to the  administration of the Illinois Commercial Transportation Law may be paid  from appropriations from the Public Utility Fund through the end of fiscal  year 1986.(c) A tax is imposed upon each public utility subject to the  provisions of this Act equal to .08% of its gross revenue for each  calendar year commencing with the calendar year beginning January 1, 1982,  except that the Commission may, by rule, establish a different rate no  greater than 0.1%.  For purposes of this Section, "gross revenue" shall not include  revenue from the production, transmission, distribution, sale,  delivery, or furnishing of electricity.  "Gross revenue" shall not include amounts paid by telecommunications retailers  under the Telecommunications Infrastructure Maintenance Fee Act.(d) Annual gross revenue returns shall be filed in accordance with  paragraph (1) or (2) of this subsection (d).(1) Except as provided in paragraph (2) of this     subsection (d), on or before January 10 of each year each public utility subject to the provisions of this Act shall file with the Commission an estimated annual gross revenue return containing an estimate of the amount of its gross revenue for the calendar year commencing January 1 of said year and a statement of the amount of tax due for said calendar year on the basis of that estimate.  Public utilities may also file revised returns containing updated estimates and updated amounts of tax due during the calendar year. These revised returns, if filed, shall form the basis for quarterly payments due during the remainder of the calendar year.  In addition, on or before March 31 of each year, each public utility shall file an amended return showing the actual amount of gross revenues shown by the company's books and records as of December 31 of the previous year. Forms and instructions for such estimated, revised, and amended returns shall be devised and supplied by the Commission.(2) Beginning with returns due after January 1, 2002,     the requirements of paragraph (1) of this subsection (d) shall not apply to any public utility in any calendar year for which the total tax the public utility owes under this Section is less than $10,000.  For such public utilities with respect to such years, the public utility shall file with the Commission, on or before March 31 of the following year, an annual gross revenue return for the year and a statement of the amount of  tax due for that year on the basis of such a return. Forms and instructions for such returns and corrected returns shall be devised and supplied by the Commission.(e) All returns submitted to the Commission by a public utility as  provided in this subsection (e) or subsection (d) of this Section shall contain  or be verified by a written declaration by an appropriate officer of the public  utility that the return is made under the penalties of perjury. The Commission  may audit each such return submitted and may, under the provisions of Section  5-101 of this Act, take such measures as are necessary to ascertain the  correctness of the returns submitted. The Commission has the power to direct  the filing of a corrected return by any utility which has filed an incorrect  return and to direct the filing of a return by any utility which has failed to  submit a return.  A taxpayer's signing a fraudulent return under this Section  is perjury, as defined in Section 32-2 of the Criminal Code of 2012.(f) (1) For all public utilities subject to paragraph (1) of  subsection (d), at least one quarter of the annual amount of tax due  under subsection (c) shall be paid to the Commission on or before the tenth day  of January, April, July, and October of the calendar year subject to tax.  In  the event that an adjustment in the amount of tax due should be necessary as a  result of the filing of an amended or corrected return under subsection (d) or  subsection (e) of this Section, the amount of any deficiency shall be paid by  the public utility together with the amended or corrected return and the amount  of any excess shall, after the filing of a claim for credit by the public  utility, be returned to the public utility in the form of a credit memorandum  in the amount of such excess or be refunded to the public utility in accordance  with the provisions of subsection (k) of this Section.  However, if such  deficiency or excess is less than $1, then the public utility need not pay the  deficiency and may not claim a credit.(2) Any public utility subject to paragraph (2) of subsection (d)  shall pay the amount of tax due under subsection (c) on or before March  31 next following the end of the calendar year subject to tax.  In the  event that an adjustment in the amount of tax due should be necessary as a  result of the filing of a corrected return under subsection (e), the amount  of any deficiency shall be paid by the public utility at the time the  corrected return is filed. Any excess tax payment by the public utility shall  be returned to it after the filing of a claim for credit, in the form of a  credit memorandum in the amount of the excess.  However, if such deficiency or  excess is less than $1, the public utility need not pay the deficiency and may  not claim a credit.(g) Each installment or required payment of the tax imposed by  subsection (c) becomes delinquent at midnight of the date that it is due.  Failure to make a payment as required by this Section shall result in the  imposition of a late payment penalty, an underestimation penalty, or both,  as provided by this subsection.  The late payment penalty shall be the  greater of:(1) $25 for each month or portion of a month that the     installment or required payment is unpaid or(2) an amount equal to the difference between what     should have been paid on the due date, based upon the most recently filed estimated, annual, or amended return, and what was actually paid, times 1%, for each month or portion of a month that the installment or required payment goes unpaid.  This penalty may be assessed as soon as the installment or required payment becomes delinquent.The underestimation penalty shall apply to those public utilities  subject to paragraph (1) of subsection (d) and shall be calculated after  the filing of the amended return.  It shall be imposed if the amount actually  paid on any of the dates specified in subsection (f) is not equal to at least  one-fourth of the amount actually due for the year, and shall equal the greater  of:(1) $25 for each month or portion of a month that the     amount due is unpaid or(2) an amount equal to the difference between what     should have been paid, based on the amended return, and what was actually paid as of the date specified in subsection (f), times a percentage equal to 1/12 of the sum of 10% and the percentage most recently established by the Commission for interest to be paid on customer deposits under 83 Ill. Adm. Code 280.70(e)(1), for each month or portion of a month that the amount due goes unpaid, except that no underestimation penalty shall be assessed if the amount actually paid on or before each of the dates specified in subsection (f) was based on an estimate of gross revenues at least equal to the actual gross revenues for the previous year. The Commission may enforce the collection of any delinquent installment or payment, or portion thereof by legal action or in any other manner by which the collection of debts due the State of Illinois may be enforced under the laws of this State. The executive director or his designee may excuse the payment of an assessed penalty or a portion of an assessed penalty if he determines that enforced collection of the penalty as assessed would be unjust.(h) All sums collected by the Commission under the provisions of  this Section shall be paid promptly after the receipt of the same, accompanied  by a detailed statement thereof, into the Public Utility Fund in the State  treasury.(i) During the month of October of each odd-numbered year the  Commission shall:(1) determine the amount of all moneys deposited in     the Public Utility Fund during the preceding fiscal biennium plus the balance, if any, in that fund at the beginning of that biennium;(2) determine the sum total of the following items:     (A) all moneys expended or obligated against appropriations made from the Public Utility Fund during the preceding fiscal biennium, plus (B) the sum of the credit memoranda then outstanding against the Public Utility Fund, if any; and(3) determine the amount, if any, by which the sum     determined as provided in item (1) exceeds the amount determined as provided in item (2).If the amount determined as provided in item (3) of this subsection exceeds  50% of the previous fiscal year's appropriation level, the Commission shall then compute the  proportionate amount, if  any, which (x) the tax paid hereunder by each utility during the preceding  biennium, and (y) the amount paid into the Public Utility Fund during the  preceding biennium by the Department of Revenue pursuant to Sections 2-9 and  2-11  of the Electricity Excise Tax Law, bears to the difference between the amount  determined as  provided in item (3) of this subsection (i) and 50% of the previous fiscal year's appropriation level.  The  Commission  shall cause the proportionate amount determined with respect to payments  made under the Electricity Excise Tax Law to be transferred into the General  Revenue Fund in the State Treasury, and notify each  public utility that it may file during the 3 month period after the date of  notification a claim for credit for the proportionate amount  determined with respect to payments made hereunder by the public utility.  If the  proportionate amount is less than $10, no notification will be sent by the  Commission, and no right to a claim exists as to that amount. Upon the  filing of a claim for credit within the period provided, the Commission  shall issue a credit memorandum in such amount to such public utility. Any  claim for credit filed after the period provided for in this Section is void.(i-5)  During the month of October of each year the Commission shall:(1) determine the amount of all moneys expected to be     deposited in the Public Utility Fund during the current fiscal year, plus the balance, if any, in that fund at the beginning of that year;(2) determine the total of all moneys expected to be     expended or obligated against appropriations made from the Public Utility Fund during the current fiscal year; and(3)  determine the amount, if any, by which the     amount determined in paragraph (2) exceeds the amount determined as provided in paragraph (1).If the amount determined as provided in paragraph (3) of this subsection (i-5) results in a deficit, the Commission may assess electric utilities and gas utilities for the difference between the amount appropriated for the ordinary and contingent expenses of the Commission and the amount derived under paragraph (1) of this subsection (i-5). Such proceeds shall be deposited in the Public Utility Fund in  the State treasury. The Commission shall apportion that difference among those public utilities on the basis of each utility's share of the total intrastate gross revenues of the utilities subject to this subsection (i-5). Payments required under this subsection (i-5) shall be made in the time and manner directed by the Commission. The Commission shall permit utilities to recover Illinois Commerce Commission assessments effective pursuant to this subsection through an automatic adjustment mechanism that is incorporated into an existing tariff that recovers costs associated with this Section, or through a supplemental customer charge.Within 6 months after the first time assessments are made under this subsection (i-5), the Commission shall initiate a docketed proceeding in which it shall consider, in addition to assessments from electric and gas utilities subject to this subsection, the raising of assessments from, or the payment of fees by, water and sewer utilities, entities possessing certificates of service authority as alternative retail electric suppliers under Section 16-115 of this Act, entities possessing certificates of service authority as alternative gas suppliers under Section 19-110 of this Act, and telecommunications carriers providing local exchange telecommunications service or interexchange telecommunications service under Sections 13-204 or 13-205 of this Act.  The amounts so determined shall be based on the costs to the agency of the exercise of its regulatory and supervisory functions with regard to the different industries and service providers subject to the proceeding.  No less often than every 3 years after the end of a proceeding under this subsection (i-5), the Commission shall initiate another proceeding for that purpose.The Commission may use this apportionment method until the docketed proceeding in which the Commission considers the raising of assessments from other entities subject to its jurisdiction under this Act has concluded. No credit memoranda shall be issued pursuant to subsection (i) if the amount determined as provided in paragraph (3) of this subsection (i-5) results in a deficit.(j) Credit memoranda issued pursuant to subsection (f)  and credit memoranda issued after notification and filing pursuant to  subsection (i) may be applied for the 2 year period from the date of issuance,  against the payment of any  amount due during that period under  the tax imposed by subsection (c), or, subject to reasonable rule of the  Commission including requirement of notification, may be assigned to any  other public utility subject to regulation under this Act. Any application  of credit memoranda after the period provided for in this Section is void.(k) The chairman or executive director may make refund of fees, taxes or  other charges whenever he shall determine that the person or public utility  will not be liable for payment of such fees, taxes or charges during the  next 24 months and he determines that the issuance of a credit memorandum  would be unjust.  (Source: P.A. 99-906, eff. 6-1-17.)