ILCS » Chapter 220 · Act 5
Illinois Compiled Statutes

220 ILCS 5/3-105 (2026)

Public utility

✓ current as of May 2026
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(220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
    Sec. 3-105. Public utility.
    (a) "Public utility" means and includes, except where otherwise expressly provided in this Section, every corporation, company, limited liability company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in:
        (1) the production, storage, transmission, sale,
    
delivery or furnishing of heat, cold, power, electricity, water, or light, except when used solely for communications purposes;
        (2) the disposal of sewerage; or
        (3) the conveyance of oil or gas by pipe line.
    (b) "Public utility" does not include, however:
        (1) public utilities that are owned and operated by
    
any political subdivision, public institution of higher education or municipal corporation of this State, or public utilities that are owned by such political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents;
        (2) water companies which are purely mutual concerns,
    
having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person;
        (3) electric cooperatives as defined in Section 3-119;
        (4) the following natural gas cooperatives:
            (A) residential natural gas cooperatives that are
        
not-for-profit corporations established for the purpose of administering and operating, on a cooperative basis, the furnishing of natural gas to residences for the benefit of their members who are residential consumers of natural gas. For entities qualifying as residential natural gas cooperatives and recognized by the Illinois Commerce Commission as such, the State shall guarantee legally binding contracts entered into by residential natural gas cooperatives for the express purpose of acquiring natural gas supplies for their members. The Illinois Commerce Commission shall establish rules and regulations providing for such guarantees. The total liability of the State in providing all such guarantees shall not at any time exceed $1,000,000, nor shall the State provide such a guarantee to a residential natural gas cooperative for more than 3 consecutive years; and
            (B) natural gas cooperatives that are
        
not-for-profit corporations operated for the purpose of administering, on a cooperative basis, the furnishing of natural gas for the benefit of their members and that, prior to 90 days after the effective date of this amendatory Act of the 94th General Assembly, either had acquired or had entered into an asset purchase agreement to acquire all or substantially all of the operating assets of a public utility or natural gas cooperative with the intention of operating those assets as a natural gas cooperative;
        (5) sewage disposal companies which provide sewage
    
disposal services on a mutual basis without establishing rates or charges for services, but paying the operating expenses by assessment upon the members of the company and no others;
        (6) (blank);
        (7) cogeneration facilities, small power production
    
facilities, and other qualifying facilities, as defined in the Public Utility Regulatory Policies Act and regulations promulgated thereunder, except to the extent State regulatory jurisdiction and action is required or authorized by federal law, regulations, regulatory decisions or the decisions of federal or State courts of competent jurisdiction;
        (8) the ownership or operation of a facility that
    
sells compressed natural gas at retail to the public for use only as a motor vehicle fuel and the selling of compressed natural gas at retail to the public for use only as a motor vehicle fuel;
        (9) alternative retail electric suppliers as defined
    
in Article XVI; and
        (10) the Illinois Power Agency.
    (c) An entity that furnishes the service of charging electric vehicles does not and shall not be deemed to sell electricity and is not and shall not be deemed a public utility notwithstanding the basis on which the service is provided or billed. If, however, the entity is otherwise deemed a public utility under this Act, or is otherwise subject to regulation under this Act, then that entity is not exempt from and remains subject to the otherwise applicable provisions of this Act. The installation, maintenance, and repair of an electric vehicle charging station shall comply with the requirements of subsection (a) of Section 16-128 and Section 16-128A of this Act.
    For purposes of this subsection, the term "electric vehicles" has the meaning ascribed to that term in Section 10 of the Electric Vehicle Act.
(Source: P.A. 97-1128, eff. 8-28-12.)

    
Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1998–2024 · leading case: Peggy Zahn v. North Am. Power & Gas, LL, 815 F.3d 1082 (7th Cir. 2016).
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Peggy Zahn v. North Am. Power & Gas, LL, 815 F.3d 1082 (7th Cir. 2016). · cites it 2× “In so holding, the ICC found without any explanation that an ARES was a “public utility” under 220 ILCS 5/3-105, even though that exact provision excludes ARESs.”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2017). · cites it 5× “As grounds for those motions, the organizations asserted that Rock Island did not meet the threshold criteria necessary to qualify as a public utility within the meaning of section 3-105 of the Act ( 220 ILCS 5/3-105 (West 2012) ) and that the company was therefore ineligible…”
People v. E.R.H. Enter., 2013 IL 115106 (Ill. 2014). · cites it 5× “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2018). · cites it 3× “First, pursuant to the express language of section 3-105 of the Act (220 ILCS 5/3-105 (West 2012)), the company must also own, control, operate, or manage, within this State, directly or indirectly, a plant, equipment, or property used or to be used for or in connection with (or…”
Coles-Moultrie Elec. Coop. v. City of Sullivan, 709 N.E.2d 249 (Ill. App. Ct. 1999). “3-105 (now 220 ILCS 5/3-105 (West 1996))) defines "public utility" and provides in pertinent part: "`Public Utility' does not include however: 1.”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016). “As we have already pointed out, ARESs are expressly excluded from the definition of “public utility” under the Public Utilities Act (220 ILCS 5/3-105(b)(9) (West 2014)) and are not “electric utilities” under section 16-102 of the Rate Relief Law (220 ILCS 5/16-102 (West 2014)).”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2017). “Under section 3-105(b)(9) of the Public Utilities Act (220 ILCS 5/3-105(b)(9) (West 2014)), ARESs are expressly excluded from the definition of public utility.”
Commonwealth Edison Co. v. Illinois Com. Comm'n, 2019 IL App (2d) 180504 (Ill. App. Ct. 2019). · cites it 4× “" 220 ILCS 5/3-105 (West 2016). Thus, the customers of the Local Utilities do not pay to support the programs.”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2016 IL App (3d) 150099 (Ill. App. Ct. 2016). · cites it 2× “See 220 ILCS 5/3-105(a), 8-406(a), (b) (West 2012).”
People v. Illinois Dep't of Labor, 2013 IL 115106 (Ill. 2013). · cites it 5× “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
Lakehead Pipeline Co. v. Illinois Com. Comm'n, 696 N.E.2d 345 (Ill. App. Ct. 1998). “Iowa RCO Ass'n is of little assistance, however, because there the court was faced with the question of whether a pipeline qualified as a public utility because it was demonstrated to be for public use within the meaning of what is now section 3-105 of the Public Utilities Act…”
GridLiance Heartland LLC v. Illinois Com. Comm'n, 2023 IL App (5th) 230073 (Ill. App. Ct. 2024). · cites it 6× “The Commission found in its interim order that GridLiance met the definition of a public utility as defined in section 3-105 of the Illinois Public Utilities Act (220 ILCS 5/3-105 (West 2022)). Based on this finding, the Commission directed GridLiance to apply for a certificate…”
Show all 26 citing cases →
— 220 ILCS 5/3-105(a) — 8 cases
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2017). “As grounds for those motions, the organizations asserted that Rock Island did not meet the threshold criteria necessary to qualify as a public utility within the meaning of section 3-105 of the Act ( 220 ILCS 5/3-105 (West 2012) ) and that the company was therefore ineligible…”
People v. E.R.H. Enter., 2013 IL 115106 (Ill. 2014). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2017 IL 121302 (Ill. 2018). “First, pursuant to the express language of section 3-105 of the Act (220 ILCS 5/3-105 (West 2012)), the company must also own, control, operate, or manage, within this State, directly or indirectly, a plant, equipment, or property used or to be used for or in connection with (or…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2016 IL App (3d) 150099 (Ill. App. Ct. 2016). “See 220 ILCS 5/3-105(a), 8-406(a), (b) (West 2012).”
People v. Illinois Dep't of Labor, 2013 IL 115106 (Ill. 2013). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
— 220 ILCS 5/3-105(a)(1) — 6 cases
People v. E.R.H. Enter., 2013 IL 115106 (Ill. 2014). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2016 IL App (3d) 150099 (Ill. App. Ct. 2016). “See 220 ILCS 5/3-105(a), 8-406(a), (b) (West 2012).”
GridLiance Heartland LLC v. Illinois Com. Comm'n, 2023 IL App (5th) 230073 (Ill. App. Ct. 2024). “The Commission found in its interim order that GridLiance met the definition of a public utility as defined in section 3-105 of the Illinois Public Utilities Act (220 ILCS 5/3-105 (West 2022)). Based on this finding, the Commission directed GridLiance to apply for a certificate…”
People v. Illinois Dep't of Labor, 2013 IL 115106 (Ill. 2013). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
Illinois Landowners All., NFP v. Illinois Com. Comm'n, 2016 IL App (3d) 150099 (Ill. App. Ct. 2016).
— 220 ILCS 5/3-105(a)(3) — 2 cases
Koster v. Kinder Morgan, Inc. (N.D. Ill. 2020).
Save Our Illinois Land v. Illinois Com. Comm'n, 2023 IL App (4th) 221038 (Ill. App. Ct. 2023).
— 220 ILCS 5/3-105(b)(1) — 4 cases
People v. E.R.H. Enter., 2013 IL 115106 (Ill. 2014). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
People v. Illinois Dep't of Labor, 2013 IL 115106 (Ill. 2013). “See 220 ILCS 5/3-105(a) (West 2008). As broad as that definition of “public utility” is, the legislature has specified it does not include: “public utilities that are owned and operated by any political subdivision *** or municipal corporation of this State, or *** are owned by…”
People ex rel. Dep't of Labor v. E.R.H. Enter., 2012 IL App (4th) 110943 (Ill. App. Ct. 2012).
Commonwealth Edison Co. v. Illinois Com. Comm'n, 2019 IL App (2d) 180504 (Ill. App. Ct. 2019). “" 220 ILCS 5/3-105 (West 2016). Thus, the customers of the Local Utilities do not pay to support the programs.”
— 220 ILCS 5/3-105(b)(9) — 4 cases
Peggy Zahn v. North Am. Power & Gas, LL, 815 F.3d 1082 (7th Cir. 2016). “In so holding, the ICC found without any explanation that an ARES was a “public utility” under 220 ILCS 5/3-105, even though that exact provision excludes ARESs.”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016). “As we have already pointed out, ARESs are expressly excluded from the definition of “public utility” under the Public Utilities Act (220 ILCS 5/3-105(b)(9) (West 2014)) and are not “electric utilities” under section 16-102 of the Rate Relief Law (220 ILCS 5/16-102 (West 2014)).”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2017). “Under section 3-105(b)(9) of the Public Utilities Act (220 ILCS 5/3-105(b)(9) (West 2014)), ARESs are expressly excluded from the definition of public utility.”
Zahn v. North Am. Power & Gas, LLC, 2016 IL 120526 (Ill. 2016).
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