CHICAGO ELECTRICITY INFRASTRUCTURE MAINTENANCE FEE ORDINANCE

Municipal Code of Chicago tit. 3, ch. 3-54

in effect

Municipal Code of Chicago § 3-54-010 Title.

3-54-010 Title. This chapter shall be known and may be cited as the "Chicago Electricity Infrastructure Maintenance Fee Ordinance", and the fee imposed by this chapter shall be known as the "Electricity Infrastructure Maintenance Fee". (Added Coun. J. 6-10-98, p. 71741)

Municipal Code of Chicago § 3-54-020 Definitions.

3-54-020 Definitions. As used in the chapter, unless the context clearly requires otherwise: A. "City" means the City of Chicago, Illinois. B. "Department" means the department of finance of the city. C. "Electricity deliverer" means any person who uses any portion of any public rights of way of the city for the purpose of distributing, transmitting or otherwise delivering electricity, regardless of its source, for use or consumption within the city, and not for resale. For purposes of this definition, use of the public rights-of- way shall not include the use of real property pursuant to the terms of an easement, lease or other similar property interest held over property owned by the city. D. "Delivery of electricity" means the distribution, transmission or other delivery of electricity through the use of the city's public rights-of-way, regardless of the source of the electricity, for use or consumption within the city, and not for resale. The term includes the delivery of electricity for use or consumption by the electricity deliverer, except for electricity used or consumed by the electricity deliverer for the production or distribution of electricity. E. "Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation, the state or any of its political subdivisions, any state university created by statue, or a receiver, trustee, guardian or other representative appointed by order of any court. F. "Public rights-of-way" means streets, alleys and similar public ways, and all areas over and under such public ways, title to which is owned by the city, and which are dedicated exclusively to public use. G. "Purchaser" means any person who uses or consumes, within the corporate limits of the city, electricity acquired in a purchase at retail. H. "Resale" includes any and all sales of electricity for the purpose of a subsequent sale to another, including the sale of electric energy within the meaning of the Federal Power Act (16 U.S.C. 824), but excluding the distribution of electricity to occupants of a building or buildings, or to a group of customers within the city by a person who owns, controls or manages, or acts as agent for, the building, buildings or group of customers. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Municipal Code of Chicago § 3-54-030 Chicago electricity infrastructure maintenance fee imposed.

3-54-030 Chicago electricity infrastructure maintenance fee imposed. A. Pursuant to the Electricity Infrastructure Maintenance Fee Law (35 ILCS 645/5-1 and following) and any and all other relevant authority, there is hereby imposed an Electricity 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. The amount of the infrastructure maintenance fee imposed under this section shall be at the following rates for kilowatt-hours delivered within the city 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 of electricity 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. C. Notwithstanding any other provisions of this chapter, 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 Constitution of the State of Illinois. D. The fee authorized by this section with respect to the kilowatt-hours delivered to residential customers shall become effective beginning with the first bill issued on or after September 1, 1998. The fee authorized by this section with respect to the kilowatt- hours delivered to non-residential customers shall become effective beginning with the first bill issued on or after November 1, 1999. (Added Coun. J. 6-10-98, p. 71741)

Municipal Code of Chicago § 3-54-040 Collection of additional charge by electricity deliverers.

3-54-040 Collection of additional charge by electricity deliverers. A. (1) Any electricity deliverer making or effectuating a delivery of electricity shall pay the infrastructure maintenance fee to the department as provided by Section 3-54-050. The fee shall constitute a debt owed by the electricity deliverer to the city. (2) Any electricity deliverer may collect an amount equal to the 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. (3) 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 of a billed amount not specifically identified by the purchaser shall be deemed to be for the delivery of electricity. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-8-12, p. 38872, § 41)

Municipal Code of Chicago § 3-54-050 Filing returns and payments by electricity deliverers.

3-54-050 Filing returns and payments by electricity deliverers. A. On or before the last day of each calendar month every electricity deliverer required to pay the infrastructure maintenance fee imposed by this chapter shall file with the department a return and shall pay the fee attributable to electricity delivered to purchasers during the preceding calendar month. The return shall be filed on a form prescribed by the comptroller, and shall contain such information as the comptroller may reasonably require. B. Notwithstanding any other provision of this chapter, for all periods beginning on or after January 1, 2000, (1) all returns shall be filed with the department on an annual basis on or before August 15 of each year in accordance with Sections 3-4-186 and 3-4-189 of this Code, (2) all payments shall be made in accordance with either Section 3-4-187 (payment of actual tax liabilities) or Section 3-4-188 (payment of estimated taxes), and (3) the provisions of Sections 3-4-186, 3-4-187, 3-4-188 and 3-4-189 shall control over any contrary provisions in this chapter regarding the subjects covered by those sections. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-17-99, p. 18040, § 2.1; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Municipal Code of Chicago § 3-54-060 Resales.

3-54-060 Resales. Whenever amounts are claimed to be excluded from application of the fee as sales for resale, the reseller shall furnish to the electricity deliverer the reseller's resale number obtained under Chapter 3-53 of this Code, and shall furnish the department such other information that the comptroller may reasonably require. The electricity deliverer shall retain the number with its books and records. A sale that is exempt from the tax imposed under Chapter 3-53 as a sale for resale shall not be exempt from the fee imposed under this chapter unless the sale is a resale as defined in Section 3-54-020, and on such exemption from the fee shall apply to the delivery of electricity to a person who owns, controls or manages, or acts as agent for, a building, buildings or group of customers within the city, where such person distributes the electricity to the occupants of the building or buildings, or to the group of customers. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Municipal Code of Chicago § 3-54-070 Maintaining books and records.

3-54-070 Maintaining books and records. Every electricity deliverer required to pay the fee imposed by this chapter shall keep accurate books and records of its business or activity, including contemporaneous books and records denoting the transactions that gave rise, or may have given rise, to any tax liability under this chapter. The books and records shall be subject to and available for inspection by the department at all times during business hours of the day. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-8-12, p. 38872, § 42)

Municipal Code of Chicago § 3-54-080 Application of uniform revenue procedures ordinance.

3-54-080 Application of uniform revenue procedures ordinance. The provisions of the Uniform Revenue Procedures Ordinance, Chapter 3-4 of this Code, shall apply to and supplement this chapter to the extent they are not clearly inconsistent herewith, and, notwithstanding any provisions of that ordinance to the contrary, the electricity infrastructure maintenance fee imposed by this chapter shall be deemed a revenue measure and shall not be deemed a regulatory, compensation or franchise fee, for purposes of the application of that ordinance. (Added Coun. J. 6-10-98, p. 71741)

Municipal Code of Chicago § 3-54-090 Application of other revenue provisions.

3-54-090 Application of other revenue provisions. A. The infrastructure maintenance fee imposed by this chapter is imposed in addition to all taxes, fees and other revenue measures imposed by the city, the State of Illinois or any other political subdivision of the state; provided, however, that no fee or other compensation in addition to the fee provided in this chapter shall be required for the use of the public way by electricity deliverers except as provided in subsections B and C. Notwithstanding the provisions of any agreement or ordinance to the contrary, the city hereby waives its right to receive, during the time the electricity infrastructure fee is imposed under this chapter, all fees, charges and other compensation from electricity deliverers for use of the public way pursuant to any franchise or similar agreement, except as provided in subsections B and C. B. Prior to October 1, 1999, the city shall receive from any electricity deliverer, pursuant to any franchise or similar agreement, the amount of compensation payable under the agreement, less the amount of the electricity infrastructure maintenance fee imposed under this chapter for the same period. C. Nothing in this chapter prohibits the city's reasonable exercise of its police powers over the public rights-of-way. In addition, an electricity deliverer shall be required, in accordance with its franchise agreement or similar agreement, to reimburse any special or extraordinary expenses or costs reasonably incurred by the city as a direct result of damages to its property or public rights-of-way, such as the costs of restoration of streets damaged by an electricity deliverer that does not make timely repair of the damage, or for the loss of revenue due to the inability to use public facilities as a direct result of the actions of the electricity deliverer, such as parking meters that are required to be removed because of work of an electricity deliverer. (Added Coun. J. 6-10-98, p. 71741)

Municipal Code of Chicago § 3-54-100 Rules and regulations.

3-54-100 Rules and regulations. The comptroller is authorized to adopt, promulgate and enforce rules and regulations pertaining to the administration and enforcement of this chapter. (Added Coun. J. 6-10-98, p. 71741; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 3)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2607936Fetched: 10/24/2026