Sen. Bill Cunningham

Filed: 4/18/2023

 

 


 

 


 
10300SB1879sam001LRB103 25115 SPS 60561 a

1
AMENDMENT TO SENATE BILL 1879

2    AMENDMENT NO. ______. Amend Senate Bill 1879 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by
5changing Sections 16-115A and 16-122 as follows:
 
6    (220 ILCS 5/16-115A)
7    Sec. 16-115A. Obligations of alternative retail electric
8suppliers.
9    (a) An alternative retail electric supplier:
10        (i) shall comply with the requirements imposed on
11    public utilities by Sections 8-201 through 8-207, 8-301,
12    8-505 and 8-507 of this Act, to the extent that these
13    Sections have application to the services being offered by
14    the alternative retail electric supplier;
15        (ii) shall continue to comply with the requirements
16    for certification stated in subsection (d) of Section

 

 

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1    16-115;
2        (iii) by May 31, 2020 and every June 30 thereafter,
3    shall submit to the Commission and the Office of the
4    Attorney General the rates the retail electric supplier
5    charged to residential customers in the prior year,
6    including each distinct rate charged and whether the rate
7    was a fixed or variable rate, the basis for the variable
8    rate, and any fees charged in addition to the supply rate,
9    including monthly fees, flat fees, or other service
10    charges; and
11        (iv) shall make publicly available on its website,
12    without the need for a customer login, rate information
13    for all of its variable, time-of-use, and fixed rate
14    contracts currently available to residential customers,
15    including, but not limited to, fixed monthly charges,
16    early termination fees, and kilowatt-hour charges.
17    (b) An alternative retail electric supplier shall obtain
18verifiable authorization from a customer, in a form or manner
19approved by the Commission consistent with Section 2EE of the
20Consumer Fraud and Deceptive Business Practices Act, before
21the customer is switched from another supplier.
22    (c) No alternative retail electric supplier, or electric
23utility other than the electric utility in whose service area
24a customer is located, shall (i) enter into or employ any
25arrangements which have the effect of preventing a retail
26customer with a maximum electrical demand of less than one

 

 

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1megawatt from having access to the services of the electric
2utility in whose service area the customer is located or (ii)
3charge retail customers for such access. This subsection shall
4not be construed to prevent an arms-length agreement between a
5supplier and a retail customer that sets a term of service,
6notice period for terminating service and provisions governing
7early termination through a tariff or contract as allowed by
8Section 16-119.
9    (d) An alternative retail electric supplier that is
10certified to serve residential or small commercial retail
11customers shall not:
12        (1) deny service to a customer or group of customers
13    nor establish any differences as to prices, terms,
14    conditions, services, products, facilities, or in any
15    other respect, whereby such denial or differences are
16    based upon race, gender or income, except as provided in
17    Section 16-115E.
18        (2) deny service to a customer or group of customers
19    based on locality nor establish any unreasonable
20    difference as to prices, terms, conditions, services,
21    products, or facilities as between localities.
22        (3) warrant that it has a residential customer or
23    small commercial retail customer's express consent
24    agreement to access interval data as described in
25    subsection (b) of Section 16-122, unless the alternative
26    retail electric supplier has:

 

 

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1            (A) disclosed to the consumer at the outset of the
2        offer that the alternative retail electric supplier
3        will access the consumer's interval data from the
4        consumer's utility with the consumer's express
5        agreement and the consumer's option to refuse to
6        provide express agreement to access the consumer's
7        interval data; and
8            (B) obtained the consumer's express agreement for
9        the alternative retail electric supplier to access the
10        consumer's interval data from the consumer's utility
11        in a separate letter of agency, a distinct response to
12        a third-party verification, or as a separate
13        affirmative consent during a recorded enrollment
14        initiated by the consumer. The disclosure by the
15        alternative retail electric supplier to the consumer
16        in this Section shall be conducted in, translated
17        into, and provided in a language in which the consumer
18        subject to the disclosure is able to understand and
19        communicate.
20        (4) release, sell, license, or otherwise disclose any
21    customer interval data obtained under Section 16-122 to
22    any third person except as provided for in Section 16-122
23    and paragraphs (1) through (4) of subsection (d-5) of
24    Section 2EE of the Consumer Fraud and Deceptive Business
25    Practices Act.
26    (e) An alternative retail electric supplier shall comply

 

 

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1with the following requirements with respect to the marketing,
2offering and provision of products or services to residential
3and small commercial retail customers:
4        (i) All marketing materials, including, but not
5    limited to, electronic marketing materials, in-person
6    solicitations, and telephone solicitations, shall contain
7    information that adequately discloses the prices, terms,
8    and conditions of the products or services that the
9    alternative retail electric supplier is offering or
10    selling to the customer and shall disclose the current
11    utility electric supply price to compare applicable at the
12    time the alternative retail electric supplier is offering
13    or selling the products or services to the customer and
14    shall disclose the date on which the utility electric
15    supply price to compare became effective and the date on
16    which it will expire. The utility electric supply price to
17    compare shall be the sum of the electric supply charge and
18    the transmission services charge and shall not include the
19    purchased electricity adjustment. The disclosure shall
20    include a statement that the price to compare does not
21    include the purchased electricity adjustment, and, if
22    applicable, the range of the purchased electricity
23    adjustment. All marketing materials, including, but not
24    limited to, electronic marketing materials, in-person
25    solicitations, and telephone solicitations, shall include
26    the following statement:

 

 

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1            "(Name of the alternative retail electric
2        supplier) is not the same entity as your electric
3        delivery company. You are not required to enroll with
4        (name of alternative retail electric supplier).
5        Beginning on (effective date), the electric supply
6        price to compare is (price in cents per kilowatt
7        hour). The electric utility electric supply price will
8        expire on (expiration date). The utility electric
9        supply price to compare does not include the purchased
10        electricity adjustment factor. For more information go
11        to the Illinois Commerce Commission's free website at
12        www.pluginillinois.org.".
13        If applicable, the statement shall also include the
14    following statement:
15            "The purchased electricity adjustment factor may
16        range between +.5 cents and -.5 cents per kilowatt
17        hour.".
18        This paragraph (i) does not apply to goodwill or
19    institutional advertising.
20        (ii) Before any customer is switched from another
21    supplier, the alternative retail electric supplier shall
22    give the customer written information that adequately
23    discloses, in plain language, the prices, terms and
24    conditions of the products and services being offered and
25    sold to the customer. This written information shall be
26    provided in a language in which the customer subject to

 

 

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1    the marketing or solicitation is able to understand and
2    communicate, and the alternative retail electric supplier
3    shall not switch a customer who is unable to understand
4    and communicate in a language in which the marketing or
5    solicitation was conducted. The alternative retail
6    electric supplier shall comply with Section 2N of the
7    Consumer Fraud and Deceptive Business Practices Act.
8        (iii) An alternative retail electric supplier shall
9    provide documentation to the Commission and to customers
10    that substantiates any claims made by the alternative
11    retail electric supplier regarding the technologies and
12    fuel types used to generate the electricity offered or
13    sold to customers.
14        (iv) The alternative retail electric supplier shall
15    provide to the customer (1) itemized billing statements
16    that describe the products and services provided to the
17    customer and their prices, and (2) an additional
18    statement, at least annually, that adequately discloses
19    the average monthly prices, and the terms and conditions,
20    of the products and services sold to the customer.
21        (v) All in-person and telephone solicitations shall be
22    conducted in, translated into, and provided in a language
23    in which the consumer subject to the marketing or
24    solicitation is able to understand and communicate. An
25    alternative retail electric supplier shall terminate a
26    solicitation if the consumer subject to the marketing or

 

 

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1    communication is unable to understand and communicate in
2    the language in which the marketing or solicitation is
3    being conducted. An alternative retail electric supplier
4    shall comply with Section 2N of the Consumer Fraud and
5    Deceptive Business Practices Act.
6        (vi) Each alternative retail electric supplier shall
7    conduct training for individual representatives engaged in
8    in-person solicitation and telemarketing to residential
9    customers on behalf of that alternative retail electric
10    supplier prior to conducting any such solicitations on the
11    alternative retail electric supplier's behalf. Each
12    alternative retail electric supplier shall submit a copy
13    of its training material to the Commission on an annual
14    basis and the Commission shall have the right to review
15    and require updates to the material. After initial
16    training, each alternative retail electric supplier shall
17    be required to conduct refresher training for its
18    individual representatives every 6 months.
19    (f) An alternative retail electric supplier may limit the
20overall size or availability of a service offering by
21specifying one or more of the following: a maximum number of
22customers, maximum amount of electric load to be served, time
23period during which the offering will be available, or other
24comparable limitation, but not including the geographic
25locations of customers within the area which the alternative
26retail electric supplier is certificated to serve. The

 

 

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1alternative retail electric supplier shall file the terms and
2conditions of such service offering including the applicable
3limitations with the Commission prior to making the service
4offering available to customers.
5    (g) Nothing in this Section shall be construed as
6preventing an alternative retail electric supplier, which is
7an affiliate of, or which contracts with, (i) an industry or
8trade organization or association, (ii) a membership
9organization or association that exists for a purpose other
10than the purchase of electricity, or (iii) another
11organization that meets criteria established in a rule adopted
12by the Commission, from offering through the organization or
13association services at prices, terms and conditions that are
14available solely to the members of the organization or
15association.
16(Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)
 
17    (220 ILCS 5/16-122)
18    Sec. 16-122. Customer information.
19    (a) Upon the request of a retail customer, or a person who
20presents verifiable authorization and is acting as the
21customer's agent, and payment of a reasonable fee, electric
22utilities shall provide to the customer or its authorized
23agent the customer's billing and usage data.
24    (b) Upon request from any alternative retail electric
25supplier and payment of a reasonable fee, an electric utility

 

 

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1serving retail customers in its service area shall make
2available generic information concerning the usage, load shape
3curve or other general characteristics of customers by rate
4classification. Provided however, no customer specific
5billing, usage or load shape data shall be provided under this
6subsection unless authorization to provide such information is
7provided by the customer pursuant to subsection (a) of this
8Section.
9    Notwithstanding the requirements of this Section, if an
10alternative retail electric supplier warrants to an electric
11utility serving more than 500,000 retail customers that the
12alternative retail electric supplier's customer has provided
13consent as described in subsection (d-5) of Section 2EE of the
14Consumer Fraud and Deceptive Business Practices Act, then
15until either the customer contacts the alternative retail
16electric supplier to opt out or the customer is no longer
17served by the alternative retail electric supplier:
18        (1) An electric utility serving more than 500,000
19    retail customers shall electronically transmit interval
20    meter usage data at the end of each monthly billing period
21    for each residential retail customer for which the
22    alternative retail electric supplier is providing electric
23    power and energy supply service, for which the alternative
24    retail electric supplier has requested such information,
25    and for which the electric utility meters the residential
26    customer using automated metering infrastructure

 

 

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1    equipment. Such data transmission shall occur no later
2    than one business day after the electric utility serving
3    more than 500,000 retail customers validates the interval
4    meter usage data with the monthly billing period for such
5    residential retail customer through an electronic data
6    interchange or secure interface for which the alternative
7    retail electric supplier has requested such information
8    and upon payment of a reasonable and amortized fee to
9    recover the utility's prudently and reasonably incurred
10    costs, approved by the Commission after notice and
11    hearing, to provide this service. The interval meter usage
12    data shall be provided at a minimum on an hourly basis or
13    on a 30-minute basis. In addition, not later than the
14    following day, the electric utility shall provide
15    unverified interval data through an electronic data
16    interchange or secure interface for which the alternative
17    retail electric supplier has requested such information
18    and upon payment of a reasonable and amortized fee to
19    recover the utility's prudently and reasonably incurred
20    costs, approved by the Commission after notice and
21    hearing, to provide this service. The unverified interval
22    meter usage data shall be provided at a minimum on an
23    hourly basis or on a 30-minute basis. The same processes
24    shall apply for nonresidential retail customers.
25        (2) An electric utility serving more than 500,000
26    retail customers shall submit tariffs to the Commission

 

 

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1    for approval within 120 days of the effective date of this
2    amendatory Act of the 103rd General Assembly to meet the
3    minimum requirements of paragraph (1) and provide such
4    services no later than June 1, 2025. The Commission shall
5    issue an order approving, or approving with modification
6    to ensure compliance with this Section, the tariff no
7    later than 240 days after such filing of the tariffs filed
8    as described in this Section.
9        (3) Nothing in this amendatory Act of the 103rd
10    General Assembly prohibits such utility proposing new
11    tariffs as described in Article IX to the extent such
12    tariffs are consistent with the requirements of this
13    amendatory Act of the 103rd General Assembly. Nothing in
14    this amendatory Act of the 103rd General Assembly shall
15    require such electric utility to alter its tariffs or
16    practices to the extent that they: (i) provide interval
17    data with shorter intervals; (ii) provide interval data
18    more frequently than monthly; or (iii) provide other
19    enhancements beyond the minimum standards required by
20    paragraph (1).
21        (4) An alternative retail electric supplier shall use
22    such interval meter usage data exclusively for the
23    development, marketing, and provision of current and
24    future products and services to enable such customers to
25    more easily and effectively manage their energy
26    consumption, including, but not limited to, time-of-use

 

 

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1    pricing, demand response, energy efficiency or management,
2    beneficial electrification, on-site or community
3    generation, or any other electricity-related products or
4    services or customer billing or as otherwise authorized by
5    the Commission.
6        (5) An alternative retail electric supplier shall not
7    sell interval data obtained under this Section. An
8    alternative retail electric supplier shall not provide,
9    share, or otherwise disclose a consumer's interval meter
10    data obtained under this Section, except an alternative
11    retail electric supplier may license or disclose a
12    customer's interval meter data obtained under this Section
13    if the following conditions are met: (i) the license or
14    disclosure is made to an alternative retail electric
15    supplier's affiliate or a third party with which the
16    alternative retail electric supplier has a contract; (ii)
17    the disclosure of a customer's interval meter data is made
18    only to perform the following functions on behalf of the
19    alternative retail electric supplier: billing and
20    invoicing, administration of the product or service
21    provided to the customer, or pricing products and services
22    for the customer; and (iii) the alternative retail
23    electric supplier maintains responsibility for ensuring
24    that its affiliates and contracted third parties purge
25    such data upon termination of their contract, ownership,
26    affiliation, or license or other agreement, or to the

 

 

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1    extent that the customer interval data is no longer
2    necessary for the affiliate or contracted third party to
3    perform the function for which the customer interval data
4    was provided. An alternative retail electric supplier may
5    not provide a customer's interval meter data obtained
6    under this Section to a sales agent, broker, or consultant
7    for the purpose of marketing to that specific customer. An
8    alternative retail electric supplier shall be strictly
9    liable under the Consumer Fraud and Deceptive Business
10    Practices Act, this Act, and any other applicable law for
11    any improper or unauthorized disclosure of customer
12    interval data by it or any entity to which it discloses
13    such customer interval data, regardless of whether such
14    data was disclosed under the terms of this Section.
15        (6) Nothing in this Section prohibits an electric
16    utility serving more than 500,000 retail customers from
17    providing interval metering data to an alternative retail
18    electric supplier as otherwise authorized by law or order
19    of the Commission.
20        (7) The Commission shall set such fee, after notice
21    and hearing pursuant to paragraph (1) and cost recovery to
22    provide data or services, including any and all data or
23    services provided or proposed under paragraphs (1) through
24    (3) or otherwise authorized by this amendatory Act of the
25    103rd General Assembly, which shall be designed to obtain
26    cost recovery solely from alternative retail electric

 

 

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1    suppliers. The fee shall be paid by all alternative retail
2    electric suppliers that are authorized to provide service
3    to residential customers in the electric utility's service
4    territory on a periodic basis as set forth in the tariff.
5    The Commission shall not establish a fee that is so high as
6    to deter competition or competitive supply offerings in
7    the State, or deny a utility a reasonable opportunity to
8    recover its cost of providing public utility service
9    pursuant to this Act. The Commission may at any time
10    review the reasonableness of the fee established pursuant
11    to this Section upon its own motion or petition of an
12    interested party.
13    (c) Upon request from a unit of local government and
14payment of a reasonable fee, an electric utility shall make
15available information concerning the usage, load shape curves,
16and other characteristics of customers by customer
17classification and location within the boundaries of the unit
18of local government, however, no customer specific billing,
19usage, or load shape data shall be provided under this
20subsection unless authorization to provide that information is
21provided by the customer. This subsection (c) does not
22prohibit an electric utility from providing a unit of local
23government or its designated auditor the materials delineated
24in Section 8-11-2.5 of the Illinois Municipal Code for the
25purposes of an audit under that Section.
26    (d) All such customer information shall be made available

 

 

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1in a timely fashion in an electronic format, if available.
2(Source: P.A. 102-1144, eff. 3-17-23.)
 
3    Section 10. The Consumer Fraud and Deceptive Business
4Practices Act is amended by changing Section 2EE as follows:
 
5    (815 ILCS 505/2EE)
6    Sec. 2EE. Alternative retail electric supplier selection.
7    (a) An alternative retail electric supplier shall not
8submit or execute a change in a consumer's selection of a
9provider of electric service unless and until:
10        (i) the alternative retail electric supplier first
11    discloses all material terms and conditions of the offer
12    to the consumer;
13        (ii) if the consumer is a small commercial retail
14    customer as that term is defined in subsection (c) of this
15    Section or a residential consumer, the alternative retail
16    electric supplier discloses the utility electric supply
17    price to compare, which shall be the sum of the electric
18    supply charge and the transmission services charge, and
19    shall not include the purchased electricity adjustment,
20    applicable at the time the offer is made to the consumer;
21        (iii) if the consumer is a small commercial retail
22    customer as that term is defined in subsection (c) of this
23    Section or a residential consumer, the alternative retail
24    electric provider discloses the following statement:

 

 

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1            "(Name of the alternative retail electric
2        supplier) is not the same entity as your electric
3        delivery company. You are not required to enroll with
4        (name of alternative retail electric supplier). As of
5        (effective date), the electric supply price to compare
6        is currently (price in cents per kilowatt hour). The
7        electric utility electric supply price will expire on
8        (expiration date). The utility electric supply price
9        to compare does not include the purchased electricity
10        adjustment factor. For more information go to the
11        Illinois Commerce Commission's free website at
12        www.pluginillinois.org.".
13        If applicable, the statement shall include the
14    following statement:
15            "The purchased electricity adjustment factor may
16        range between +.5 cents and -.5 cents per kilowatt
17        hour.";
18        (iv) the alternative retail electric supplier has
19    obtained the consumer's express agreement to accept the
20    offer after the disclosure of all material terms and
21    conditions of the offer; and
22        (v) the alternative retail electric supplier has
23    confirmed the request for a change in accordance with one
24    of the following procedures:
25            (A) The new alternative retail electric supplier
26        has obtained the consumer's written or electronically

 

 

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1        signed authorization in a form that meets the
2        following requirements:
3                (1) An alternative retail electric supplier
4            shall obtain any necessary written or
5            electronically signed authorization from a
6            consumer for a change in electric service by using
7            a letter of agency as specified in this Section.
8            Any letter of agency that does not conform with
9            this Section is invalid.
10                (2) The letter of agency shall be a separate
11            document (an easily separable document containing
12            only the authorization language described in
13            subparagraph (5)) whose sole purpose is to
14            authorize an electric service provider change. The
15            letter of agency must be signed and dated by the
16            consumer requesting the electric service provider
17            change.
18                (3) The letter of agency shall not be combined
19            with inducements of any kind on the same document.
20                (4) Notwithstanding subparagraphs (1) and (2),
21            the letter of agency may be combined with checks
22            that contain only the required letter of agency
23            language prescribed in subparagraph (5) and the
24            necessary information to make the check a
25            negotiable instrument. The letter of agency check
26            shall not contain any promotional language or

 

 

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1            material. The letter of agency check shall contain
2            in easily readable, bold-face type on the face of
3            the check, a notice that the consumer is
4            authorizing an electric service provider change by
5            signing the check. The letter of agency language
6            also shall be placed near the signature line on
7            the back of the check.
8                (5) At a minimum, the letter of agency must be
9            printed with a print of sufficient size to be
10            clearly legible, and must contain clear and
11            unambiguous language that confirms:
12                    (i) The consumer's billing name and
13                address;
14                    (ii) The decision to change the electric
15                service provider from the current provider to
16                the prospective provider;
17                    (iii) The terms, conditions, and nature of
18                the service to be provided to the consumer
19                must be clearly and conspicuously disclosed,
20                in writing, and an alternative retail electric
21                supplier must directly establish the rates for
22                the service contracted for by the consumer;
23                and
24                    (iv) That the consumer understand that any
25                alternative retail electric supplier selection
26                the consumer chooses may involve a charge to

 

 

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1                the consumer for changing the consumer's
2                electric service provider.
3                (6) Letters of agency shall not suggest or
4            require that a consumer take some action in order
5            to retain the consumer's current electric service
6            provider.
7                (7) If any portion of a letter of agency is
8            translated into another language, then all
9            portions of the letter of agency must be
10            translated into that language.
11            (B) An appropriately qualified independent third
12        party has obtained, in accordance with the procedures
13        set forth in this subsection (b), the consumer's oral
14        authorization to change electric suppliers that
15        confirms and includes appropriate verification data.
16        The independent third party (i) must not be owned,
17        managed, controlled, or directed by the supplier or
18        the supplier's marketing agent; (ii) must not have any
19        financial incentive to confirm supplier change
20        requests for the supplier or the supplier's marketing
21        agent; and (iii) must operate in a location physically
22        separate from the supplier or the supplier's marketing
23        agent.
24            Automated third-party verification systems and
25        3-way conference calls may be used for verification
26        purposes so long as the other requirements of this

 

 

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1        subsection (b) are satisfied.
2            A supplier or supplier's sales representative
3        initiating a 3-way conference call or a call through
4        an automated verification system must drop off the
5        call once the 3-way connection has been established.
6            All third-party verification methods shall elicit,
7        at a minimum, the following information: (i) the
8        identity of the consumer; (ii) confirmation that the
9        person on the call is the account holder, has been
10        specifically and explicitly authorized by the account
11        holder, or possesses lawful authority to make the
12        supplier change; (iii) confirmation that the person on
13        the call wants to make the supplier change; (iv) the
14        names of the suppliers affected by the change; (v) the
15        service address of the supply to be switched; and (vi)
16        the price of the service to be supplied and the
17        material terms and conditions of the service being
18        offered, including whether any early termination fees
19        apply. Third-party verifiers may not market the
20        supplier's services by providing additional
21        information, including information regarding
22        procedures to block or otherwise freeze an account
23        against further changes.
24            All third-party verifications shall be conducted
25        in the same language that was used in the underlying
26        sales transaction and shall be recorded in their

 

 

10300SB1879sam001- 22 -LRB103 25115 SPS 60561 a

1        entirety. Submitting suppliers shall maintain and
2        preserve audio records of verification of subscriber
3        authorization for a minimum period of 2 years after
4        obtaining the verification. Automated systems must
5        provide consumers with an option to speak with a live
6        person at any time during the call. Each disclosure
7        made during the third-party verification must be made
8        individually to obtain clear acknowledgment of each
9        disclosure. The alternative retail electric supplier
10        must be in a location where he or she cannot hear the
11        customer while the third-party verification is
12        conducted. The alternative retail electric supplier
13        shall not contact the customer after the third-party
14        verification for a period of 24 hours unless the
15        customer initiates the contact.
16            (C) When a consumer initiates the call to the
17        prospective alternative retail electric supplier, in
18        order to enroll the consumer as a customer, the
19        prospective alternative retail electric supplier must,
20        with the consent of the customer, make a date-stamped,
21        time-stamped audio recording that elicits, at a
22        minimum, the following information:
23                (1) the identity of the customer;
24                (2) confirmation that the person on the call
25            is authorized to make the supplier change;
26                (3) confirmation that the person on the call

 

 

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1            wants to make the supplier change;
2                (4) the names of the suppliers affected by the
3            change;
4                (5) the service address of the supply to be
5            switched; and
6                (6) the price of the service to be supplied
7            and the material terms and conditions of the
8            service being offered, including whether any early
9            termination fees apply.
10            Submitting suppliers shall maintain and preserve
11        the audio records containing the information set forth
12        above for a minimum period of 2 years.
13    (b)(1) An alternative retail electric supplier shall not
14utilize the name of a public utility in any manner that is
15deceptive or misleading, including, but not limited to,
16implying or otherwise leading a consumer to believe that an
17alternative retail electric supplier is soliciting on behalf
18of or is an agent of a utility. An alternative retail electric
19supplier shall not utilize the name, or any other identifying
20insignia, graphics, or wording that has been used at any time
21to represent a public utility company or its services, to
22identify, label, or define any of its electric power and
23energy service offers. An alternative retail electric supplier
24may state the name of a public electric utility in order to
25accurately describe the electric utility service territories
26in which the supplier is currently offering an electric power

 

 

10300SB1879sam001- 24 -LRB103 25115 SPS 60561 a

1and energy service. An alternative retail electric supplier
2that is the affiliate of an Illinois public utility and that
3was doing business in Illinois providing alternative retail
4electric service on January 1, 2016 may continue to use that
5public utility's name, logo, identifying insignia, graphics,
6or wording in its business operations occurring outside the
7service territory of the public utility with which it is
8affiliated.
9    (2) An alternative retail electric supplier shall not
10state or otherwise imply that the alternative retail electric
11supplier is employed by, representing, endorsed by, or acting
12on behalf of a utility or utility program, a consumer group or
13consumer group program, or a governmental body, unless the
14alternative retail electric supplier has entered into a
15contractual arrangement with the governmental body and has
16been authorized by the governmental body to make the
17statements.
18    (c) An alternative retail electric supplier shall not
19submit or execute a change in a consumer's selection of a
20provider of electric service unless the alternative retail
21electric supplier complies with the following requirements of
22this subsection (c). It is a violation of this Section for an
23alternative retail electric supplier to fail to comply with
24this subsection (c). The requirements of this subsection (c)
25shall only apply to residential and small commercial retail
26customers. For purposes of this subsection (c) only, "small

 

 

10300SB1879sam001- 25 -LRB103 25115 SPS 60561 a

1commercial retail customer" has the meaning given to that term
2in Section 16-102 of the Public Utilities Act.
3        (1) During a solicitation an alternative retail
4    electric supplier shall state that he or represents an
5    independent seller of electric power and energy service
6    certified by the Illinois Commerce Commission and that he
7    or she is not employed by, representing, endorsed by, or
8    acting on behalf of, a utility, or a utility program, a
9    consumer group or consumer group program, or a
10    governmental body, unless the alternative retail electric
11    supplier has entered into a contractual arrangement with
12    the governmental body and has been authorized with the
13    governmental body to make the statements.
14        (2) Alternative retail electric suppliers who engage
15    in in-person solicitation for the purpose of selling
16    electric power and energy service offered by the
17    alternative retail electric supplier shall display
18    identification on an outer garment. This identification
19    shall be visible at all times and prominently display the
20    following: (i) the alternative retail electric supplier
21    agent's full name in reasonable size font; (ii) an agent
22    identification number; (iii) a photograph of the
23    alternative retail electric supplier agent; and (iv) the
24    trade name and logo of the alternative retail electric
25    supplier the agent is representing. If the agent is
26    selling electric power and energy services from multiple

 

 

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1    alternative retail electric suppliers to the consumer, the
2    identification shall display the trade name and logo of
3    the agent, broker, or consultant entity as that entity is
4    defined in Section 16-115C of the Public Utilities Act. An
5    alternative retail electric supplier shall leave the
6    premises at the consumer's, owner's, or occupant's
7    request. A copy of the Uniform Disclosure Statement
8    described in 83 Ill. Adm. Code 412.115 and 412.Appendix A
9    is to be left with the consumer, at the conclusion of the
10    visit unless the consumer refuses to accept a copy. An
11    alternative retail electric supplier may provide the
12    Uniform Disclosure Statement electronically instead of in
13    paper form to a consumer upon that customer's request. The
14    alternative retail electric supplier shall also offer to
15    the consumer, at the time of the initiation of the
16    solicitation, a business card or other material that lists
17    the agent's name, identification number and title, and the
18    alternative retail electric supplier's name and contact
19    information, including phone number. The alternative
20    retail electric supplier shall not conduct any in-person
21    solicitations of consumers at any building or premises
22    where any sign, notice, or declaration of any description
23    whatsoever is posted that prohibits sales, marketing, or
24    solicitations. The alternative retail electric supplier
25    shall obtain consent to enter multi-unit residential
26    dwellings. Consent obtained to enter a multi-unit dwelling

 

 

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1    from one prospective customer or occupant of the dwelling
2    shall not constitute consent to market to any other
3    prospective consumers without separate consent.
4        (3) An alternative retail electric supplier who
5    contacts consumers by telephone for the purpose of selling
6    electric power and energy service shall provide the
7    agent's name and identification number. Any telemarketing
8    solicitations that lead to a telephone enrollment of a
9    consumer must be recorded and retained for a minimum of 2
10    years. All telemarketing calls of consumers that do not
11    lead to a telephone enrollment, but last at least 2
12    minutes, shall be recorded and retained for a minimum of 6
13    months.
14        (4) During an inbound enrollment call, an alternative
15    retail electric supplier shall state that he or she
16    represents an independent seller of electric power and
17    energy service certified by the Illinois Commerce
18    Commission. All inbound enrollment calls that lead to an
19    enrollment shall be recorded, and the recordings shall be
20    retained for a minimum of 2 years. An inbound enrollment
21    call that does not lead to an enrollment, but lasts at
22    least 2 minutes, shall be retained for a minimum of 6
23    months. The alternative retail electric supplier shall
24    send the Uniform Disclosure Statement and contract to the
25    customer within 3 business days after the electric
26    utility's confirmation to the alternative retail electric

 

 

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1    supplier of an accepted enrollment.
2        (5) If a direct mail solicitation to a consumer
3    includes a written letter of agency, it shall include the
4    Uniform Disclosure Statement described in 83 Ill. Adm.
5    Code 412.115 and 412.Appendix A. The Uniform Disclosure
6    Statement shall be provided on a separate page from the
7    other marketing materials included in the direct mail
8    solicitation. If a written letter of agency is being used
9    to authorize a consumer's enrollment, the written letter
10    of agency shall comply with this Section. A copy of the
11    contract must be sent to the consumer within 3 business
12    days after the electric utility's confirmation to the
13    alternative retail electric supplier of an accepted
14    enrollment.
15        (6) Online Solicitation.
16            (A) Each alternative retail electric supplier
17        offering electric power and energy service to
18        consumers online shall clearly and conspicuously make
19        all disclosures for any services offered through
20        online enrollment before requiring the consumer to
21        enter any personal information other than zip code,
22        electric utility service territory, or type of service
23        sought.
24            (B) Notwithstanding any requirements in this
25        Section to the contrary, an alternative retail
26        electric supplier may secure consent from the consumer

 

 

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1        to obtain customer-specific billing and usage
2        information for the sole purpose of determining and
3        pricing a product through a letter of agency or method
4        approved through an Illinois Commerce Commission
5        docket before making all disclosure for services
6        offered through online enrollment. It is a violation
7        of this Act for an alternative retail electric
8        supplier to use a consumer's utility account number to
9        execute or change a consumer's enrollment unless the
10        consumer expressly consents to that enrollment as
11        required by law.
12            (C) The enrollment website of the alternative
13        retail electric supplier shall, at a minimum, include:
14        (i) disclosure of all material terms and conditions of
15        the offer; (ii) a statement that electronic acceptance
16        of the terms and conditions is an agreement to
17        initiate service and begin enrollment; (iii) a
18        statement that the consumer shall review the contract
19        or contact the current supplier to learn if any early
20        termination fees are applicable; and (iv) an email
21        address and toll-free phone number of the alternative
22        retail electric supplier where the customer can
23        express a decision to rescind the contract.
24        (7)(A) Beginning January 1, 2020, an alternative
25    retail electric supplier shall not sell or offer to sell
26    any products or services to a consumer pursuant to a

 

 

10300SB1879sam001- 30 -LRB103 25115 SPS 60561 a

1    contract in which the contract automatically renews,
2    unless an alternative retail electric supplier provides to
3    the consumer at the outset of the offer, in addition to
4    other disclosures required by law, a separate written
5    statement titled "Automatic Contract Renewal" that clearly
6    and conspicuously discloses in bold lettering in at least
7    12-point font the terms and conditions of the automatic
8    contract renewal provision, including: (i) the estimated
9    bill cycle on which the initial contract term expires and
10    a statement that it could be later based on when the
11    utility accepts the initial enrollment; (ii) the estimated
12    bill cycle on which the new contract term begins and a
13    statement that it will immediately follow the last billing
14    cycle of the current term; (iii) the procedure to
15    terminate the contract before the new contract term
16    applies; and (iv) the cancellation procedure. If the
17    alternative retail electric supplier sells or offers to
18    sell the products or services to a consumer during an
19    in-person solicitation or telemarketing solicitation, the
20    disclosures described in this subparagraph (A) shall also
21    be made to the consumer verbally during the solicitation.
22    Nothing in this subparagraph (A) shall be construed to
23    apply to contracts entered into before January 1, 2020.
24            (B) At least 30 days before, but not more than 60
25        days prior, to the end of the initial contract term, in
26        any and all contracts that automatically renew after

 

 

10300SB1879sam001- 31 -LRB103 25115 SPS 60561 a

1        the initial term, the alternative retail electric
2        supplier shall send, in addition to other disclosures
3        required by law, a separate written notice of the
4        contract renewal to the consumer that clearly and
5        conspicuously discloses the following:
6                (i) a statement printed or visible from the
7            outside of the envelope or in the subject line of
8            the email, if the customer has agreed to receive
9            official documents by email, that states "Contract
10            Renewal Notice";
11                (ii) a statement in bold lettering, in at
12            least 12-point font, that the contract will
13            automatically renew unless the customer cancels
14            it;
15                (iii) the billing cycle in which service under
16            the current term will expire;
17                (iv) the billing cycle in which service under
18            the new term will begin;
19                (v) the process and options available to the
20            consumer to reject the new contract terms;
21                (vi) the cancellation process if the
22            consumer's contract automatically renews before
23            the consumer rejects the new contract terms;
24                (vii) the terms and conditions of the new
25            contract term;
26                (viii) for a fixed rate contract, a

 

 

10300SB1879sam001- 32 -LRB103 25115 SPS 60561 a

1            side-by-side comparison of the current price and
2            the new price; for a variable rate contract or
3            time-of-use product in which the first month's
4            renewal price can be determined, a side-by-side
5            comparison of the current price and the price for
6            the first month of the new variable or time-of-use
7            price; or for a variable or time-of-use contract
8            based on a publicly available index, a
9            side-by-side comparison of the current formula and
10            the new formula; and
11                (ix) the phone number and Internet address to
12            submit a consumer inquiry or complaint to the
13            Illinois Commerce Commission and the Office of the
14            Attorney General.
15            (C) An alternative retail electric supplier shall
16        not automatically renew a consumer's enrollment after
17        the current term of the contract expires when the
18        current term of the contract provides that the
19        consumer will be charged a fixed rate and the renewed
20        contract provides that the consumer will be charged a
21        variable rate, unless: (i) the alternative retail
22        electric supplier complies with subparagraphs (A) and
23        (B); and (ii) the customer expressly consents to the
24        contract renewal in writing or by electronic signature
25        at least 30 days, but no more than 60 days, before the
26        contract expires.

 

 

10300SB1879sam001- 33 -LRB103 25115 SPS 60561 a

1            (D) This paragraph (7) does not apply to customers
2        enrolled in a municipal aggregation program pursuant
3        to Section 1-92 of the Illinois Power Agency Act.
4        (8) All in-person and telephone solicitations shall be
5    conducted in, translated into, and provided in a language
6    in which the consumer subject to the marketing or
7    solicitation is able to understand and communicate. An
8    alternative retail electric supplier shall terminate a
9    solicitation if the consumer subject to the marketing or
10    communication is unable to understand and communicate in
11    the language in which the marketing or solicitation is
12    being conducted. An alternative retail electric supplier
13    shall comply with Section 2N of this Act.
14        (9) Beginning January 1, 2020, consumers shall have
15    the right to terminate their contract with the alternative
16    retail electric supplier at any time without any
17    termination fees or penalties.
18        (10) An alternative retail electric supplier shall not
19    submit a change to a customer's electric service provider
20    in violation of Section 16-115E of the Public Utilities
21    Act.
22    (d) Complaints may be filed with the Illinois Commerce
23Commission under this Section by a consumer whose electric
24service has been provided by an alternative retail electric
25supplier in a manner not in compliance with this Section or by
26the Illinois Commerce Commission on its own motion when it

 

 

10300SB1879sam001- 34 -LRB103 25115 SPS 60561 a

1appears to the Commission that an alternative retail electric
2supplier has provided service in a manner not in compliance
3with this Section. If, after notice and hearing, the
4Commission finds that an alternative retail electric supplier
5has violated this Section, the Commission may in its
6discretion do any one or more of the following:
7        (1) Require the violating alternative retail electric
8    supplier to refund to the consumer charges collected in
9    excess of those that would have been charged by the
10    consumer's authorized electric service provider.
11        (2) Require the violating alternative retail electric
12    supplier to pay to the consumer's authorized electric
13    service provider the amount the authorized electric
14    service provider would have collected for the electric
15    service. The Commission is authorized to reduce this
16    payment by any amount already paid by the violating
17    alternative retail electric supplier to the consumer's
18    authorized provider for electric service.
19        (3) Require the violating alternative retail electric
20    supplier to pay a fine of up to $10,000 into the Public
21    Utility Fund for each violation of this Section.
22        (4) Issue a cease and desist order.
23        (5) For a pattern of violation of this Section or for
24    violations that continue after a cease and desist order,
25    revoke the violating alternative retail electric
26    supplier's certificate of service authority.

 

 

10300SB1879sam001- 35 -LRB103 25115 SPS 60561 a

1    (d-5)(1) Before an alternative retail electric supplier
2may warrant that it has a residential customer or small
3commercial retail customer's express consent agreement to
4access interval data as described in subsection (b) of Section
516-122 of the Public Utilities Act, the alternative retail
6electric supplier shall: (i) disclose to the consumer at the
7outset of the offer that the alternative retail electric
8supplier will access the consumer's interval data from the
9consumer's utility with the consumer's express agreement, and
10the consumer's option to refuse to provide express agreement
11to access the consumer's interval data; and (ii) obtain the
12consumer's express agreement for the alternative retail
13electric supplier to access the consumer's interval data from
14the consumer's utility in a separate letter of agency, a
15distinct response to a third-party verification, or during a
16recorded enrollment initiated by the consumer with the
17consumer's consent. The disclosure by the alternative retail
18electric supplier to the consumer in this Section shall be
19conducted in, translated into, and provided in a language in
20which the consumer subject to the disclosure is able to
21understand and communicate.
22    (2) Before an alternative retail electric supplier may
23warrant to an electric utility that it has an express
24agreement from a residential customer or small commercial
25retail customer who was enrolled with the alternative retail
26electric supplier prior to the effective date of this

 

 

10300SB1879sam001- 36 -LRB103 25115 SPS 60561 a

1amendatory Act of the 103rd General Assembly to access the
2consumer's interval data as described in subsection (b)of
3Section 16-122 of the Public Utilities Act, an alternative
4retail electric supplier shall: (i) disclose to the consumer
5that the alternative retail electric supplier will access the
6consumer's interval data from the consumer's utility with the
7consumer's express agreement, which is a material change to
8the consumer's existing contract terms, and the consumer's
9option to refuse to provide express agreement to access the
10consumer's interval data; and (ii) obtain the consumer's
11express agreement for the alternative retail electric supplier
12to change the consumer's material contract terms to access the
13consumer's interval data from the consumer's utility in a
14separate letter of agency, a distinct response to a
15third-party verification, or during a recorded enrollment
16initiated by the consumer with the consumer's consent. The
17disclosure by the alternative retail electric supplier to the
18consumer in this Section shall be conducted in, translated
19into, and provided in a language in which the consumer subject
20to the disclosure is able to understand and communicate.
21    (3) An alternative retail electric supplier may refuse to
22enroll or may disenroll a residential customer or small
23commercial retail customer in a product or service as
24described in paragraph (4) of subsection (b) of Section 16-122
25of the Public Utilities Act if the residential customer or
26small commercial retail customer does not provide or revokes

 

 

10300SB1879sam001- 37 -LRB103 25115 SPS 60561 a

1consent under this subsection.
2    (4) An alternative retail electric supplier shall not
3warrant that it has a non residential customer's, other than a
4small commercial retail customer, consent to access interval
5data as described in subsection (b) of Section 16-122 of the
6Public Utilities Act unless the contract between the
7alternative retail electric supplier and the customer
8explicitly provides the alternative retail electric supplier
9with permission to access the customer's interval meter usage
10data. An alternative retail electric supplier shall not
11release, sell, license, or otherwise disclose any customer
12interval data obtained under Section 16-122 of the Public
13Utilities Act to any third person except as provided for in
14Section 16-122 of the Public Utilities Act.
15    (e) For purposes of this Section:
16    "Electric service provider" shall have the meaning given
17that phrase in Section 6.5 of the Attorney General Act.
18    "Alternative retail electric supplier" has the meaning
19given to that term in Section 16-102 of the Public Utilities
20Act.
21(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23;
22revised 12-13-22.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".