SB2783eng 95TH GENERAL ASSEMBLY

SB2783 Engrossed LRB095 18103 MJR 44186 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Utilities Act is amended by changing Sections 19-105, 19-110, 19-115, 19-120, and 19-125 as follows:

(220 ILCS 5/19-105)

Sec. 19-105. Definitions. For the purposes of this Article, the following terms shall be defined as set forth in this Section.

"Alternative gas supplier" means every person, cooperative, corporation, municipal corporation, company, association, joint stock company or association, firm, partnership, individual, or other entity, their lessees, trustees, or receivers appointed by any court whatsoever, that offers gas for sale, lease, or in exchange for other value received to one or more customers, or that engages in the furnishing of gas to one or more customers, and shall include affiliated interests of a gas utility, resellers, aggregators and marketers, but shall not include (i) gas utilities (or any agent of the gas utility to the extent the gas utility provides tariffed services to customers through an agent); (ii) 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 a political subdivision, public institution of higher education, or municipal corporation and operated by any of its lessees or operating agents; (iii) 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 who are consumers of natural gas; and (iv) 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.

"Gas utility" means a public utility, as defined in Section 3-105 of this Act, that has a franchise, license, permit, or right to furnish or sell gas or transportation services to customers within a service area.

"Residential customer" means a customer who receives gas utility service for household purposes distributed to a dwelling of 2 or fewer units which is billed under a residential rate or gas utility service for household purposes distributed to a dwelling unit or units which is billed under a residential rate and is registered by a separate meter for each dwelling unit.

"Sales agent" means any employee, agent, independent contractor, consultant, or other person that solicits customers to purchase, enroll in, or contract for alternative gas service on behalf of an alternative gas supplier.

"Service area" means (i) the geographic area within which a gas utility was lawfully entitled to provide gas to customers as of the effective date of this amendatory Act of the 92nd General Assembly and includes (ii) the location of any customer to which the gas utility was lawfully providing gas utility services on such effective date.

"Small commercial customer" means a nonresidential retail customer of a natural gas utility who is identified by the alternative gas supplier, prior to becoming a customer of the alternative gas supplier, as consuming 5,000 or fewer therms of natural gas during the previous year; provided that any alternative gas supplier may remove the customer from designation as a "small commercial customer" if the customer consumes more than 5,000 therms of natural gas in any calendar year after becoming a customer of the alternative gas supplier.

"Tariffed service" means a service provided to customers by a gas utility as defined by its rates on file with the Commission pursuant to the provisions of Article IX of this Act.

"Transportation services" means those services provided by the gas utility that are necessary in order for the storage, transmission and distribution systems to function so that customers located in the gas utility's service area can receive gas from suppliers other than the gas utility and shall include, without limitation, standard metering and billing services.

(Source: P.A. 94-738, eff. 5-4-06.)

(220 ILCS 5/19-110)

Sec. 19-110. Certification of alternative gas suppliers.

(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.

(b) An alternative gas supplier must obtain a certificate of service authority from the Commission in accordance with this Section before serving any customer or other user located in this State. An alternative gas supplier may request, and the Commission may grant, a certificate of service authority for the entire State or for a specified geographic area of the State. A person, corporation, or other entity acting as an alternative gas supplier on the effective date of this amendatory Act of the 92nd General Assembly shall have 180 days from the effective date of this amendatory Act of the 92nd General Assembly to comply with the requirements of this Section in order to continue to operate as an alternative gas supplier.

(c) An alternative gas supplier seeking a certificate of service authority shall file with the Commission a verified application containing information showing that the applicant meets the requirements of this Section. The alternative gas supplier shall publish notice of its application in the official State newspaper within 10 days following the date of its filing. No later than 45 days after the application is properly filed with the Commission, and such notice is published, the Commission shall issue its order granting or denying the application.

(d) An application for a certificate of service authority shall identify the area or areas in which the applicant intends to offer service and the types of services it intends to offer. Applicants that seek to serve residential or small commercial customers within a geographic area that is smaller than a gas utility's service area shall submit evidence demonstrating that the designation of this smaller area does not violate Section 19-115. An applicant may state in its application for certification any limitations that will be imposed on the number of customers or maximum load to be served.

(e) The Commission shall grant the application for a certificate of service authority if it makes the findings set forth in this subsection based on the verified application and such other information as the applicant may submit.

(1) That the applicant possess sufficient technical, financial, and managerial resources and abilities to provide the service for which it seeks a certificate of service authority. In determining the level of technical, financial, and managerial resources and abilities which the applicant must demonstrate, the Commission shall consider the characteristics, including the size and financial sophistication of the customers that the applicant seeks to serve, and shall consider whether the applicant seeks to provide gas using property, plant, and equipment that it owns, controls, or operates.

(2) That the applicant will comply with all applicable federal, State, regional, and industry rules, policies, practices, and procedures for the use, operation, and maintenance of the safety, integrity, and reliability of the gas transmission system.

(3) That the applicant will comply with such informational or reporting requirements as the Commission may by rule establish.

(4) That the area to be served by the applicant and any limitations it proposes on the number of customers or maximum amount of load to be served meet the provisions of Section 19-115, provided, that if the applicant seeks to serve an area smaller than the service area of a gas utility or proposes other limitations on the number of customers or maximum amount of load to be served, the Commission can extend the time for considering such a certificate request by up to 90 days, and can schedule hearings on such a request.

(5) That the applicant will comply with all other applicable laws and rules.

(6) That the applicant and the applicant's sales agents will comply with all applicable federal, State, and industry rules, policies, practices, and procedures for marketing and soliciting customers.

(f) The Commission shall have the authority to promulgate rules to carry out the provisions of this Section. Within 30 days after the effective date of this amendatory Act of the 92nd General Assembly, the Commission shall adopt an emergency rule or rules applicable to the certification of those gas suppliers that seek to serve residential customers. Within 180 days of the effective date of this amendatory Act of the 92nd General Assembly, the Commission shall adopt rules that specify criteria which, if met by any such alternative gas supplier, shall constitute the demonstration of technical, financial, and managerial resources and abilities to provide service required by item (1) of subsection (e) of this Section, such as a requirement to post a bond or letter of credit, from a responsible surety or financial institution, of sufficient size for the nature and scope of the services to be provided, demonstration of adequate insurance for the scope and nature of the services to be provided, and experience in providing similar services in other jurisdictions.

(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)

(220 ILCS 5/19-115)

Sec. 19-115. Obligations of alternative gas suppliers.

(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.

(b) An alternative gas supplier shall:

(1) comply with the requirements imposed on public utilities by Sections 8-201 through 8-207, 8-301, 8-505 and 8-507 of this Act, to the extent that these Sections have application to the services being offered by the alternative gas supplier; and

(2) continue to comply with the requirements for certification stated in Section 19-110; .

(3) comply with complaint procedures established by the Commission;

(4) file with the Commission, within 5 business days after the effective date of this amendatory Act of the 95th General Assembly, a copy of bill formats, standard customer contract and customer complaint and resolution procedures, and the name and telephone number of the company representative whom Commission employees may contact to resolve customer complaints and other matters, and file updated information within 5 business days after changes in any of the requirements of this item (4); and

(5) maintain a customer call center where customers can reach a representative and receive current information, and notify customers no less often than once every 6 months on how to reach the call center.

(c) An alternative gas supplier shall obtain verifiable authorization from a customer, in a form or manner approved by the Commission, before the customer is switched from another supplier.

(d) No alternative gas supplier shall:

(1) enter into or employ any arrangements which have the effect of preventing any customer from having access to the services of the gas utility in whose service area the customer is located; or

(2) charge customers for such access; or .

(3) bill for goods or services not authorized by the customer.

(e) An alternative gas supplier that is certified to serve residential or small commercial customers shall not:

(1) deny service to a customer or group of customers nor establish any differences as to prices, terms, conditions, services, products, facilities, or in any other respect, whereby such denial or differences are based upon race, gender, or income; or

(2) deny service based on locality, nor establish any unreasonable difference as to prices, terms, conditions, services, products, or facilities as between localities; .

(3) include in any agreement a provision that obligates a customer to the terms of the agreement if the customer moves outside the State of Illinois or moves to a location without a choice program or location where the customer will not require natural gas service; or

(4) assign the agreement to any alternative natural gas supplier unless:

(A) the supplier is an alternative gas supplier certified by the Commission,

(B) the rates, terms, and conditions of the agreement being assigned do not change during the remainder of the time covered by the agreement,

(C) the customer is given no less than 30 days prior written notice of the assignment and contact information for the new supplier, and

(D) the supplier assigning the contract provides contact information that a customer can use to resolve a dispute.

(f) An alternative gas supplier shall comply with the following requirements with respect to the marketing, offering, and provision of products or services:

(1) Any marketing materials which make statements concerning prices, terms, and conditions of service shall contain information that adequately discloses the prices, terms and conditions of the products or services.

(2) Before any customer is switched from another supplier, the alternative gas supplier shall give the customer written information that adequately discloses, in plain language, the prices, terms, and conditions of the products and services being offered and sold to the customer.

(3) The alternative gas supplier shall provide to the customer:

(A) accurate, timely, and itemized billing statements that describe the products and services provided to the customer and their prices and that specify the gas consumption amount and any service charges and taxes; provided that this item (f)(3)(A) does not apply to small commercial customers;

(B) an additional statement, at least annually, that adequately discloses the average monthly prices, and the terms and conditions, of the products and services sold to the customer; provided that this item (f)(3)(B) does not apply to small commercial customers;

(C) refunds of any deposits with interest within 30 days after the date that the customer changes gas suppliers or discontinues service if the customer has satisfied all of his or her outstanding financial obligations to the alternative gas supplier at an interest rate set by the Commission which shall be the same as that required of gas utilities; and

(D) refunds, in a timely fashion, of all undisputed overpayments upon the oral or written request of the customer.

(4) An alternative gas supplier and its sales agents shall refrain from any direct marketing or soliciting to consumers on the gas utility's "Do Not Contact List", which the alternative gas supplier shall obtain each month from the gas utility in whose service area the consumer is provided with gas service.

(5) An alternative gas supplier and its sales agents shall not utilize false, misleading, materially inaccurate, or otherwise deceptive language or materials in soliciting or providing services.

(6) An alternative gas supplier and its sales agents shall not misrepresent the affiliation of any alternative supplier with the gas utility, governmental bodies or consumer groups.

(7) If any sales solicitation, agreement, contract, or verification is translated into another language and provided to a customer, all of the documents must be provided to the customer in that other language.

(8) Any sales solicitation shall adequately disclose the prices, terms, and conditions of the products and service.

(9) Any agreement that contains an early termination clause shall disclose the amount of the early termination fee, provided, however, that any early termination fee or penalty shall not exceed $50.

(10) Within one day after electronic receipt of a customer switch from the alternative gas supplier and confirmation of eligibility, the gas utility shall provide the customer written notice confirming the switch. The alternative gas supplier shall provide each customer the opportunity to rescind its agreement without penalty within 14 business days after the date on the gas utility notice to the customer. The alternative gas supplier shall disclose to the customer all of the following:

(A) that the gas utility will send a notice confirming the switch;

(B) that from the date the utility issues the notice confirming the switch, the customer shall have 14 business days to rescind the switch without penalty;

(C) that the customer shall contact the gas utility or the alternative gas supplier to rescind the switch; and

(D) the contact information for the gas utility.

The alternative gas supplier disclosure shall be included in its sales solicitations, contracts, and all applicable sales verification scripts.

(g) An alternative gas supplier may limit the overall size or availability of a service offering by specifying one or more of the following:

(1) a maximum number of customers and maximum amount of gas load to be served;

(2) time period during which the offering will be available; or

(3) other comparable limitation, but not including the geographic locations of customers within the area which the alternative gas supplier is certificated to serve.

The alternative gas supplier shall file the terms and conditions of such service offering including the applicable limitations with the Commission prior to making the service offering available to customers.

(h) Nothing in this Section shall be construed as preventing an alternative gas supplier that is an affiliate of, or which contracts with, (i) an industry or trade organization or association, (ii) a membership organization or association that exists for a purpose other than the purchase of gas, or (iii) another organization that meets criteria established in a rule adopted by the Commission from offering through the organization or association services at prices, terms and conditions that are available solely to the members of the organization or association.

(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)

(220 ILCS 5/19-120)

Sec. 19-120. Commission oversight of services provided by gas suppliers.

(a) The provisions of this Section shall apply only to alternative gas suppliers serving or seeking to serve residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers.

(b) The Commission shall have jurisdiction in accordance with the provisions of Article X of this Act to entertain and dispose of any complaint against any alternative gas supplier alleging that:

(1) the alternative gas supplier has violated or is in nonconformance with any applicable provisions of Section 19-110 or Section 19-115;

(2) an alternative gas supplier has failed to provide service in accordance with the terms of its contract or contracts with a customer or customers;

(3) the alternative gas supplier has violated or is in nonconformance with the transportation services tariff of, or any of its agreements relating to transportation services with, the gas utility or municipal system providing transportation services; or

(4) the alternative gas supplier has violated or failed to comply with the requirements of Sections 8-201 through 8-207, 8-301, 8-505, or 8-507 of this Act as made applicable to alternative gas suppliers.

(c) The Commission shall have authority after notice and hearing held on complaint or on the Commission's own motion to order any or all of the following remedies, penalties, or forms of relief:

(1) order an alternative gas supplier to cease and desist, or correct, any violation of or nonconformance with the provisions of Section 19-110 or 19-115;

(2) impose financial penalties for violations of or nonconformances with the provisions of Section 19-110 or 19-115, not to exceed (i) $10,000 per occurrence; or

(3) impose financial penalties for violations of or nonconformances with the provisions of Section 19-110 or 19-115, not to exceed (ii) $30,000 per day for those violations or nonconformances which continue after the Commission issues a cease-and-desist order; or and

(3) alter, modify, revoke, or suspend the certificate of service authority of an alternative gas supplier for substantial or repeated violations of or nonconformances with the provisions of Section 19-110 or 19-115.

(c-5) The Commission shall have the authority to investigate, upon complaint or on its own motion, the marketing practices of any alternative gas supplier that has been granted a certificate of service authority. As used in this subsection (c-5), "marketing practices" includes, but is not limited to, all oral, written, and electronic communications made by the alternative gas supplier to any person for the purpose of selling gas service to the person. If, after notice and hearing, the Commission finds that an alternative gas supplier has engaged in any deception, fraud, false pretense, false promise, or misrepresentation or the concealment, suppression or omission of any material fact in its marketing practices, whether or not any person has in fact been misled, deceived or damaged thereby, the Commission may order any or all of the following remedies, penalties, or forms of relief:

(1) order an alternative gas supplier to cease and desist, or correct, any marketing practices found to have been deceptive, fraudulent, or containing a false promise or misrepresentation, or that concealed, suppressed, or omitted any material fact;

(2) impose financial penalties on the alternative gas supplier for engaging in marketing practices found to have been deceptive, fraudulent, or containing a false promise or misrepresentation, or that concealed, suppressed, or omitted any material fact, not to exceed $10,000 per occurrence;

(3) impose financial penalties on the alternative gas supplier for engaging in marketing practices found to have been deceptive, fraudulent, or containing a false promise or misrepresentation, or that concealed, suppressed, or omitted any material fact, not to exceed $30,000 per day for those violations or nonconformances that continue after the Commission issues a cease and desist order; or

(4) revoke or suspend the certificate of service authority of the alternative gas supplier for repeated violations in which the Commission has found that the alternative gas supplier has engaged in marketing practices that are deceptive, fraudulent, or containing a false promise or misrepresentation, or that concealed, suppressed, or omitted any material fact.

(d) Nothing in this Act shall be construed to limit, restrict, or mitigate in any way the power and authority of the State's Attorneys or the Attorney General under the Consumer Fraud and Deceptive Business Practices Act.

(Source: P.A. 92-529, eff. 2-8-02; 92-852, eff. 8-26-02.)

(220 ILCS 5/19-125)

Sec. 19-125. Consumer education.

(a) The Commission shall make available upon request and at no charge, and shall make available to the public on the Internet through the State of Illinois World Wide Web site:

(1) a list of all certified alternative gas suppliers serving residential and small commercial customers within the service area of each gas utility including, in the case of the Internet, computer links to available web sites of the certified alternative gas suppliers;

(2) a list of all certified alternative gas suppliers serving residential or small commercial customers that have been found in the last 3 years by the Commission pursuant to Section 10-108 to have failed to provide service in accordance with this Act;

(3) guidelines to assist customers in determining which gas supplier is most appropriate for each customer; and

(4) Internet links to providers of information that enables customers to compare prices and services of gas utilities and alternative gas suppliers, if and when that information is available.

(b) In any service area where customers are able to choose their natural gas supplier, the Commission shall require gas utilities and alternative gas suppliers to inform customers of how they may contact the Commission in order to obtain information about the customer choice program.

(c) The Commission shall make available in print, upon request and at no charge, and on its World Wide Web site, information on which customers of alternative gas suppliers serving residential and small commercial customers may address any complaint with regard to an alternative gas supplier's obligations under Section 19-115 of this Article, including the provision of service in accordance with the terms of its contract, sales tactics, and rates. The Commission shall maintain a summary by category and provider of all informal complaints it receives pursuant to this Section, and it shall publish the summary on a quarterly basis on its World Wide Web site. Individual customer information shall not be included in the summary.

(Source: P.A. 92-852, eff. 8-26-02.)

Section 10. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Sections 2BBB, 2CCC, 2DDD, and 2EEE as follows:

(815 ILCS 505/2BBB new)

Sec. 2BBB. Natural gas provider selection.

(a) A natural gas provider shall not submit or execute a change in a customer's selection of a provider of natural gas service unless and until:

(1) the provider first discloses all material terms and conditions of the offer to the customer;

(2) the provider has obtained the customer's express agreement to accept the offer, after the disclosure of all material terms and conditions of the offer, in a form that meets the requirements of this Section; and

(3) the provider has confirmed the request for a change in natural gas provider (i) using a letter of agency as provided in subsection (b), (ii) using an independent third-party verification as provided in subsection (c), (iii) according to the provisions of subsection (d) of this Section; or (iv) if enrollment is via the Internet, the enrollment shall provide the necessary disclosures required by this Section along with a suitable electronic letter of agency as described in item (6) of subsection (b) of this Section.

(b) Letter of agency.

(1) A natural gas provider may obtain the necessary confirmation from a customer for a change in natural gas service by using a letter of agency as specified in this subsection. Any letter of agency that does not conform with this subsection is invalid.

(2) The letter of agency is not effective unless it has been signed and dated by the customer requesting the natural gas provider change.

(3) At a minimum, the letter of agency must be printed with a print of sufficient size to be clearly legible and must contain clear and unambiguous language that:

(A) confirms the customer's billing name and address;

(B) confirms the customer's decision to change the natural gas provider from the current provider to the prospective provider;

(C) clearly and conspicuously discloses, in writing, the terms, conditions, and nature of the service to be provided to the customer, and directly identifies or establishes the rates for the service contracted for by the customer; and

(D) states that the customer understands that any change in natural gas provider that the customer chooses may involve a charge to the customer for changing the customer's natural gas provider.

(4) Except as allowed in item (5), the letter of agency shall be a separate or easily separable document, containing only the language described in item (3), and the sole purpose of which is to authorize a natural gas provider change. Except as allowed in item (5), the letter of agency shall not be combined with inducements of any kind in the same document.

(5) The letter of agency may be combined with a check that contains only the required letter of agency language prescribed in item (3) and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain, in easily readable bold-face type on the face of the check, a notice that the consumer is authorizing a change in natural gas provider by signing the check. The letter of agency language shall also be placed near the signature line on the back of the check.

(6) A letter of agency shall not suggest or require that a customer take some action in order to retain the customer's current natural gas provider.

(7) If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language.

(c) Third-party verification.

(1) A natural gas provider may obtain the necessary confirmation from a customer for a change in natural gas service by using an appropriately qualified independent third party, in accordance with this subsection, to confirm the customer's oral authorization to change natural gas providers. Third-party confirmation must include appropriate verification data. The independent third party:

(i) must not be owned, managed, controlled, or directed by the provider or the provider's marketing agent;

(ii) must not have any financial incentive to confirm provider change requests for the provider or the provider's marketing agent; and

(iii) must operate in a location physically separate from the provider or the provider's marketing agent.

(2) Automated third-party verification systems and 3-way conference calls may be used for verification purposes, so long as the other requirements of this subsection (c) are satisfied. A provider or provider's sales representative initiating a 3-way conference call or a call through an automated verification system must drop off the call once the 3-way connection has been established.

(3) All third-party verification methods must elicit, at a minimum, the following information: (i) the identity of the customer; (ii) confirmation that the person on the call is authorized to make the provider change; (iii) confirmation that the person on the call wants to make the provider change; (iv) confirmation that service will effectively switch service from any other alternative gas supplier at service address and the switching could include a cancellation fee from that alternative gas supplier; (v) the service address of the service to be switched; and (vi) the price of the service to be provided and the material terms and conditions of the service being offered, including whether any early termination fees apply.

(4) Third-party verifiers may not market the provider's services by providing additional information, including information regarding procedures to block or otherwise freeze an account against further changes.

(5) All third-party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. A natural gas provider shall maintain and preserve audio records of verification of customer authorization for a minimum period of 2 years after obtaining the verification. Automated systems must provide customers with an option to speak with a live person at any time during the call.

(d) When a consumer initiates the call to the prospective natural gas provider, in order to enroll the consumer as a customer, the prospective natural gas provider must, with the consent of the customer, make a date-stamped and time-stamped audio recording that elicits the entire call, which shall include, but not be limited to, the following information: (i) the identity of the customer; (ii) confirmation that the person on the call is authorized to make the provider change; (iii) confirmation that the person on the call wants to make the provider change; (iv) the names of the providers affected by the change; (v) the service address of the service to be switched; and (vi) the price of the service to be provided and the material terms and conditions of the service being offered, including whether any early termination fees apply. A natural gas provider must maintain and preserve the audio records required under this subsection (d) for a minimum period of 2 years.

(e) Complaints may be filed with the Illinois Commerce Commission under this Section by a customer whose natural gas service provider has been changed or affected by a natural gas provider in a manner not in compliance with this Section. If, after notice and hearing, the Commission finds that a natural gas provider has violated this Section, the Commission may in its discretion do any one or more of the following:

(1) Require the violating natural gas provider to refund to the customer charges collected in excess of those that would have been charged by the customer's authorized natural gas provider.

(2) Require the violating natural gas provider to pay to the customer's authorized natural gas provider the amount the authorized natural gas provider would have collected for the customer's natural gas service. The Commission is authorized to reduce this payment by any amount already paid by the violating natural gas provider to the customer's authorized provider for that natural gas service.

(3) Require the violating natural gas provider to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.

(4) Issue a cease and desist order.

(5) For a pattern of violation of this Section or for intentionally violating a cease and desist order, revoke the violating provider's certificate of service authority.

(f) For purposes of this Section and Sections 2CCC, 2DDD, and 2EEE of this Act, "natural gas provider" means a "gas utility" or an "alternative gas supplier", as those terms are defined in Section 19-105 of the Public Utilities Act, and "natural gas service" means natural gas service sold by a gas utility or alternative gas supplier.

(815 ILCS 505/2CCC new)

Sec. 2CCC. Natural gas service fraud; elderly persons or disabled persons; additional penalties.

(a) With respect to unlawful advertising, sale, provider selection, billings, or collections relating to the provision of natural gas service, where the consumer is an elderly person or disabled person, a civil penalty of $50,000 may be imposed for each violation of this Act.

(b) For the purposes of this Section:

"Elderly person" means a person 60 years of age or older.

"Disabled person" means a person who suffers from a permanent physical or mental impairment resulting from disease, injury, functional disorder or congenital condition.

"Natural gas service" has the meaning given that term in Section 2BBB of this Act.

(815 ILCS 505/2DDD new)

Sec. 2DDD. Natural gas service advertising. Any advertisement for natural gas service that lists rates shall clearly and conspicuously disclose all associated costs for that service, including, but not limited to, access fees and service fees.

(815 ILCS 505/2EEE new)

Sec. 2EEE. Billing and collection practices of natural gas providers. Each person selling transmission, distribution, metering, or billing of natural gas service, or the commodity of natural gas to be delivered to a customer through the distribution system of a natural gas provider, shall display the name, the toll-free telephone number of the natural gas provider, and a description of the services provided on all bills submitted to customers of such services. All personal information relating to the customer of transmission, distribution, metering, or billing of natural gas service, or the customer purchasing the commodity of natural gas to be delivered through the distribution system of a natural gas provider, shall be maintained by the service providers solely for the purpose of generating the bill for the sales and services, and shall not be divulged to any other persons with the exception of credit bureaus, collection agencies, and persons licensed to market natural gas service in this State, without the verifiable consent, including written, voice-recorded, or electronic signature, of the customer.

Section 99. Effective date. This Act takes effect upon becoming law.