Public Act 103-0237
 
SB1879 EnrolledLRB103 25115 AMQ 51452 b


  
    AN ACT concerning utilities.
  
 
    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 16-115A and 16-122 as follows:
 


    (220 ILCS 5/16-115A)




    Sec. 16-115A. Obligations of alternative retail electric

suppliers.
    (a) An alternative retail electric supplier:

        (i) shall 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 retail electric supplier;

        (ii) shall continue to comply with the requirements 
    for
certification stated in subsection (d) of Section 
    16-115;
        (iii) by May 31, 2020 and every June 30 thereafter, 
    shall submit to the Commission and the Office of the 
    Attorney General the rates the retail electric supplier 
    charged to residential customers in the prior year, 
    including each distinct rate charged and whether the rate 
    was a fixed or variable rate, the basis for the variable 
    rate, and any fees charged in addition to the supply rate, 
    including monthly fees, flat fees, or other service 
    charges; and
        (iv) shall make publicly available on its website, 
    without the need for a customer login, rate information 
    for all of its variable, time-of-use, and fixed rate 
    contracts currently available to residential customers, 
    including, but not limited to, fixed monthly charges, 
    early termination fees, and kilowatt-hour charges. 

    (b) An alternative retail electric supplier shall obtain 
verifiable
authorization from a customer, in a form or manner 
approved by the Commission
consistent with Section 2EE of the 
Consumer Fraud and Deceptive Business
Practices Act, before 
the customer is switched from another supplier.

    (c) No alternative retail electric supplier, or electric

utility other than the electric utility in whose service area

a customer is located, shall (i) enter into or employ any

arrangements which have the effect of preventing a retail

customer with a maximum electrical demand of less than one

megawatt from having access to the services of the electric

utility in whose service area the customer is located or (ii)

charge retail customers for such access. This subsection shall 
not be
construed to prevent an arms-length agreement between a

supplier and a retail customer that sets a term of service, 
notice
period for terminating service and provisions governing 
early
termination through a tariff or contract as allowed by 
Section 16-119.

    (d) An alternative retail electric supplier that is

certified to serve residential or small commercial retail

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, except as provided in 
    Section 16-115E.

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

        (3)   warrant that it has a residential customer or 
    small commercial retail customer's express consent 
    agreement to access interval data as described in 
    subsection (b) of Section 16-122, unless the alternative 
    retail electric supplier has:
            (A) disclosed to the consumer at the outset of the 
        offer that the alternative retail electric supplier 
        will access the consumer's interval data from the 
        consumer's utility with the consumer's express 
        agreement and the consumer's option to refuse to 
        provide express agreement to access the consumer's 
        interval data; and
            (B) obtained the consumer's express agreement for 
        the alternative retail electric supplier to access the 
        consumer's interval data from the consumer's utility 
        in a separate letter of agency, a distinct response to 
        a third-party verification, or as a separate 
        affirmative consent during a recorded enrollment 
        initiated by the consumer. The disclosure by the 
        alternative retail electric supplier to the consumer 
        in this Section shall be conducted in, translated 
        into, and provided in a language in which the consumer 
        subject to the disclosure is able to understand and 
        communicate.
        (4)   release, sell, license, or otherwise disclose any 
    customer interval data obtained under Section 16-122 to 
    any third person except as provided for in Section 16-122 
    and paragraphs (1) through (4) of subsection (d-5) of 
    Section 2EE of the Consumer Fraud and Deceptive Business 
    Practices Act. 
    (e) An alternative retail electric supplier shall comply

with the following requirements with respect to the marketing,

offering and provision of products or services to residential

and small commercial retail customers:

        (i) All marketing materials, including, but not 
    limited to, electronic marketing materials, in-person 
    solicitations, and telephone solicitations, shall contain 
    information that adequately
discloses the prices, terms, 
    and conditions of the
products or services that the 
    alternative retail
electric supplier is offering or 
    selling to the
customer and shall disclose the current 
    utility electric supply price to compare applicable at the 
    time the alternative retail electric supplier is offering 
    or selling the products or services to the customer and 
    shall disclose the date on which the utility electric 
    supply price to compare became effective and the date on 
    which it will expire. The utility electric supply price to 
    compare shall be the sum of the electric supply charge and 
    the transmission services charge and shall not include the 
    purchased electricity adjustment. The disclosure shall 
    include a statement that the price to compare does not 
    include the purchased electricity adjustment, and, if 
    applicable, the range of the purchased electricity 
    adjustment. All marketing materials, including, but not 
    limited to, electronic marketing materials, in-person 
    solicitations, and telephone solicitations, shall include 
    the following statement: 

            "(Name of the alternative retail electric 
        supplier) is not the same entity as your electric 
        delivery company. You are not required to enroll with 
        (name of alternative retail electric supplier). 
        Beginning on (effective date), the electric supply 
        price to compare is (price in cents per kilowatt 
        hour). The electric utility electric supply price will 
        expire on (expiration date). The utility electric 
        supply price to compare does not include the purchased 
        electricity adjustment factor. For more information go 
        to the Illinois Commerce Commission's free website at 
        www.pluginillinois.org.".
        If applicable, the statement shall  also include the 
    following statement:
            "The purchased electricity adjustment factor may 
        range between +.5 cents and -.5 cents per kilowatt 
        hour.". 
        This paragraph (i) does not apply to goodwill or 
    institutional advertising. 
        (ii) Before any customer is switched from
another 
    supplier, the alternative retail electric
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. This written information shall be 
    provided in a language in which the customer subject to 
    the marketing or solicitation is able to understand and 
    communicate, and the alternative retail electric supplier 
    shall not switch a customer who is unable to understand 
    and communicate in a language in which the marketing or 
    solicitation was conducted. The alternative retail 
    electric supplier shall comply with Section 2N of the 
    Consumer Fraud and Deceptive Business Practices Act. 

        (iii) An alternative retail electric supplier
shall 
    provide documentation to the Commission and to
customers 
    that substantiates any claims made by the
alternative 
    retail electric supplier regarding the
technologies and 
    fuel types used to generate the
electricity offered or 
    sold to customers.

        (iv) The alternative retail electric supplier
shall 
    provide to the customer (1) itemized billing
statements 
    that describe the products and services
provided to the 
    customer and their prices, and (2)
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.
        (v) All in-person and telephone solicitations shall be 
    conducted in, translated into, and provided in a language 
    in which the consumer subject to the marketing or 
    solicitation is able to understand and communicate. An 
    alternative retail electric supplier shall terminate a 
    solicitation if the consumer subject to the marketing or 
    communication is unable to understand and communicate in 
    the language in which the marketing or solicitation is 
    being conducted. An alternative retail electric supplier 
    shall comply with Section 2N of the Consumer Fraud and 
    Deceptive Business Practices Act.
        (vi) Each alternative retail electric supplier shall 
    conduct training for individual representatives engaged in 
    in-person solicitation and telemarketing to residential 
    customers on behalf of that alternative retail electric 
    supplier prior to conducting any such solicitations on the 
    alternative retail electric supplier's behalf. Each 
    alternative retail electric supplier shall submit a copy 
    of its training material to the Commission on an annual 
    basis and the Commission shall have the right to review 
    and require updates to the material. After initial 
    training, each alternative retail electric supplier shall 
    be required to conduct refresher training for its 
    individual representatives every 6 months. 

    (f) An alternative retail electric supplier may limit
the 
overall size or availability of a service offering by

specifying one or more of the following:  a maximum number of

customers, maximum amount of electric load to be served, time

period during which the offering will be available, or other

comparable limitation, but not including the geographic

locations of customers within the area which the alternative

retail electric supplier is certificated to serve.  The

alternative retail electric 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.

    (g) Nothing in this Section shall be construed as

preventing an alternative retail electric supplier,
which 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 electricity, 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. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)

 



    (220 ILCS 5/16-122)



    Sec. 16-122. Customer information. 

    (a) Upon the request of a retail customer, or a person
who 
presents verifiable authorization and is acting as the

customer's agent, and payment of a reasonable fee, electric

utilities shall provide to the customer or its authorized

agent the customer's billing and usage data.

    (b) Upon request from any alternative retail electric

supplier and payment of a reasonable fee, an electric utility

serving retail customers in its service area shall make

available generic information concerning the usage, load shape

curve or other general characteristics of customers by rate

classification. Provided however, no customer specific

billing, usage or load shape data shall be provided under this

subsection unless authorization to provide such information is

provided by the customer pursuant to subsection (a) of this

Section.

    Notwithstanding the requirements of this Section, if an 
alternative retail electric supplier warrants to an electric 
utility serving more than 500,000 retail customers that the 
alternative retail electric supplier's customer has provided 
consent as described in subsection (d-5) of Section 2EE of the 
Consumer Fraud and Deceptive Business Practices Act, then 
until either the customer contacts the alternative retail 
electric supplier to opt out or the customer is no longer 
served by the alternative retail electric supplier:
        (1)   An electric utility serving more than 500,000 
    retail customers shall electronically transmit interval 
    meter usage data at the end of each monthly billing period 
    for each residential retail customer for which the 
    alternative retail electric supplier is providing electric 
    power and energy supply service, for which the alternative 
    retail electric supplier has requested such information, 
    and for which the electric utility meters the residential 
    customer using automated metering infrastructure 
    equipment.  Such data transmission shall occur no later 
    than one business day after the electric utility serving 
    more than 500,000 retail customers validates the interval 
    meter usage data with the monthly billing period for such 
    residential retail customer through an electronic data 
    interchange or secure interface for which the alternative 
    retail electric supplier has requested such information 
    and upon payment of a reasonable and amortized fee to 
    recover the utility's prudently and reasonably incurred 
    costs, approved by the Commission after notice and 
    hearing, to provide this service. The interval meter usage 
    data shall be provided at a minimum on an hourly basis or 
    on a 30-minute basis.  In addition, not later than the 
    following day, the electric utility shall provide 
    unverified interval data through an electronic data 
    interchange or secure interface for which the alternative 
    retail electric supplier has requested such information 
    and upon payment of a reasonable and amortized fee to 
    recover the utility's prudently and reasonably incurred 
    costs, approved by the Commission after notice and 
    hearing, to provide this service.  The unverified interval 
    meter usage data shall be provided at a minimum on an 
    hourly basis or on a  30-minute basis.  The same processes 
    shall apply for nonresidential retail customers.
        (2)   An electric utility serving more than 500,000 
    retail customers shall submit tariffs to the Commission 
    for approval within 120 days of the effective date of this 
    amendatory Act of the 103rd General Assembly to meet the 
    minimum requirements of paragraph (1) and provide such 
    services no later than June 1, 2025. The Commission shall 
    issue an order approving, or approving with modification 
    to ensure compliance with this Section, the tariff no 
    later than 240 days after such filing of the tariffs filed 
    as described in this Section.
        (3)     Nothing in this amendatory Act of the 103rd  
    General Assembly prohibits such utility proposing new 
    tariffs as described in Article IX to the extent such 
    tariffs are consistent with the requirements of this 
    amendatory Act of the 103rd  General Assembly.  Nothing in 
    this amendatory Act of the 103rd General Assembly shall 
    require such electric utility to alter its tariffs or 
    practices to the extent that they: (i) provide interval 
    data with shorter intervals; (ii) provide interval data 
    more frequently than monthly; or (iii) provide other 
    enhancements beyond the minimum standards required by 
    paragraph (1).
        (4)     An alternative retail electric supplier shall use 
    such interval meter usage data exclusively for the 
    development, marketing, and provision of current and 
    future products and services to enable such customers to 
    more easily and effectively manage their energy 
    consumption, including, but not limited to, time-of-use 
    pricing, demand response, energy efficiency or management, 
    beneficial electrification, on-site or community 
    generation, or any other electricity-related products or 
    services or customer billing or as otherwise authorized by 
    the Commission.
        (5)     An alternative retail electric supplier shall not 
    sell interval data obtained under this Section.  An 
    alternative retail electric supplier shall not provide, 
    share, or otherwise disclose a consumer's interval meter 
    data obtained under this Section, except an alternative 
    retail electric supplier may license or disclose a 
    customer's interval meter data obtained under this Section 
    if the following conditions are met: (i) the license or 
    disclosure is made to an alternative retail electric 
    supplier's affiliate or a third party with which the 
    alternative retail electric supplier has a contract; (ii) 
    the disclosure of a customer's interval meter data is made 
    only to perform the following functions on behalf of the 
    alternative retail electric supplier: billing and 
    invoicing, administration of the product or service 
    provided to the customer, or pricing products and services 
    for the customer; and (iii) the alternative retail 
    electric supplier maintains responsibility for ensuring 
    that its affiliates and contracted third parties purge 
    such data upon termination of their contract, ownership, 
    affiliation, or license or other agreement, or to the 
    extent that the customer interval data is no longer 
    necessary for the affiliate or contracted third party to 
    perform the function for which the customer interval data 
    was provided.  An alternative retail electric supplier may 
    not provide a customer's interval meter data obtained 
    under this Section to a sales agent, broker, or consultant 
    for the purpose of marketing to that specific customer. An 
    alternative retail electric supplier shall be strictly 
    liable under the Consumer Fraud and Deceptive Business 
    Practices Act, this Act, and any other applicable law for 
    any improper or unauthorized disclosure of customer 
    interval data by it or any entity to which it discloses 
    such customer interval data, regardless of whether such 
    data was disclosed under the terms of this Section.
        (6)     Nothing in this Section prohibits an electric 
    utility serving more than 500,000 retail customers from 
    providing interval metering data to an alternative retail 
    electric supplier as otherwise authorized by law or order 
    of the Commission.
        (7) The Commission shall set such fee, after notice 
    and hearing pursuant to paragraph (1) and cost recovery to 
    provide data or services, including any and all data or 
    services provided or proposed under paragraphs (1) through 
    (3) or otherwise authorized by this amendatory Act of the 
    103rd General Assembly, which shall be designed to obtain 
    cost recovery solely from alternative retail electric 
    suppliers.  The fee shall be paid by all alternative retail 
    electric suppliers that are authorized to provide service 
    to residential customers in the electric utility's service 
    territory on a periodic basis as set forth in the tariff.  
    The Commission shall not establish a fee that is so high as 
    to deter competition or competitive supply offerings in 
    the State, or deny a utility a reasonable opportunity to 
    recover its cost of providing public utility service 
    pursuant to this Act.  The Commission may at any time 
    review the reasonableness of the fee established pursuant 
    to this Section upon its own motion or petition of an 
    interested party. 
    (c) Upon request from a unit of local government and 
payment of a
reasonable fee, an electric utility shall make 
available information concerning
the usage, load shape curves, 
and other characteristics of customers by
customer 
classification and location within the boundaries of the unit 
of local
government, however, no customer specific billing, 
usage, or load shape data
shall be provided under this 
subsection unless authorization to provide that
information is 
provided by the customer. This subsection (c) does not 
prohibit an electric utility from providing a unit of local 
government or its designated auditor the materials delineated 
in Section 8-11-2.5 of the Illinois Municipal Code for the 
purposes of an audit under that Section.

    (d) All such customer information shall be made available

in a timely fashion in an electronic format, if available.

(Source: P.A. 102-1144, eff. 3-17-23.)

 
    Section 10. The Consumer Fraud and Deceptive Business 
Practices Act is amended by changing Section 2EE as follows:
 


    (815 ILCS 505/2EE)



    Sec. 2EE. Alternative retail electric supplier selection.  
    (a) An alternative retail electric supplier shall not 
submit or execute
a change in a consumer's selection of a 
provider of electric
service unless and until:
        (i) the alternative retail electric supplier first 
    discloses all material terms and conditions of the offer 
    to the consumer;
        (ii) if the consumer is a small commercial retail 
    customer as that term is defined in subsection (c) of this 
    Section or a residential consumer, the alternative retail 
    electric supplier discloses the utility electric supply 
    price to compare, which shall be the sum of the electric 
    supply charge and the transmission services charge, and 
    shall not include the purchased electricity adjustment, 
    applicable at the time the offer is made to the consumer;
        (iii) if the consumer is a small commercial retail 
    customer as that term is defined in subsection (c) of this 
    Section or a residential consumer, the alternative retail 
    electric provider discloses the following statement:
            "(Name of the alternative retail electric 
        supplier) is not the same entity as your electric 
        delivery company. You are not required to enroll with 
        (name of alternative retail electric supplier). As of 
        (effective date), the electric supply price to compare 
        is currently (price in cents per kilowatt hour). The 
        electric utility electric supply price will expire on 
        (expiration date). The utility electric supply price 
        to compare does not include the purchased electricity 
        adjustment factor. For more information go to the 
        Illinois Commerce Commission's free website at 
        www.pluginillinois.org.".
        If applicable, the statement shall  include the 
    following statement:
            "The purchased electricity adjustment factor may 
        range between +.5 cents and -.5 cents per kilowatt 
        hour."; 
        (iv) the alternative retail electric supplier has 
    obtained the consumer's express agreement to accept the 
    offer after the disclosure of all material terms and 
    conditions of the offer; and
        (v) the alternative retail electric supplier has 
    confirmed the request for a change in accordance with one 
    of the following procedures:

            (A) The new alternative retail electric supplier 
        has obtained the consumer's

 written or electronically 
        signed
 authorization in a form that meets the

        following requirements:

                (1) An alternative retail electric supplier 
            shall obtain any
necessary written or 
            electronically signed authorization from a 
            consumer for a
change in electric service by using 
            a letter of agency as
specified in this
Section.  
            Any letter of agency that does
not conform with 
            this
Section is invalid.

                (2) The letter of agency shall be a separate

            document (an easily separable document containing 
            only
the authorization language described in 
            subparagraph (5)) whose sole purpose is to 
            authorize an
electric service provider change.  The 
            letter of agency
must be signed and dated by the 
            consumer requesting the
electric service provider 
            change.

                (3) The letter of agency shall not be combined 
            with
inducements of any kind on the same document.

                (4) Notwithstanding subparagraphs (1) and (2), 
            the letter of agency may be combined with
checks 
            that contain only the required letter of agency

            language prescribed in subparagraph (5) 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 an electric service provider change by

            signing the check.  The letter of agency language 
            also
shall be placed near the signature line on 
            the back of
the check.

                (5) 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 confirms:

                    (i) The consumer's billing name and 
                address;

                    (ii) The decision to change the electric 
                service
provider from the current provider to 
                the
prospective provider;

                    (iii) The terms, conditions, and nature of 
                the
service to be provided to the consumer 
                must be
clearly and conspicuously disclosed, 
                in writing, and
an alternative retail electric 
                supplier must directly establish
the rates for 
                the service contracted for by the consumer; 
                and

                    (iv) That the consumer understand that any

                alternative retail electric supplier selection 
                the consumer
chooses may involve a charge to 
                the consumer for
changing the consumer's 
                electric service provider.

                (6) Letters of agency shall not suggest or 
            require
that a consumer take some action in order 
            to retain the consumer's
 current electric service 
            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.

            (B)    An appropriately qualified independent third 
        party has obtained, in accordance with the procedures 
        set forth in this subsection (b), the consumer's oral 
        authorization to change electric suppliers that 
        confirms and includes appropriate verification data.  
        The independent third party (i) must not be owned, 
        managed, controlled, or directed by the supplier or 
        the supplier's marketing agent; (ii) must not have any 
        financial incentive to confirm supplier change 
        requests for the supplier or the supplier's marketing 
        agent; and (iii) must operate in a location physically 
        separate from the supplier or the supplier's marketing 
        agent.

            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 (b) are satisfied.
            A supplier or supplier'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.
            All third-party verification methods shall elicit, 
        at a minimum, the following information: (i) the 
        identity of the consumer; (ii) confirmation that the 
        person on the call is the account holder, has been 
        specifically and explicitly authorized by the account 
        holder, or possesses lawful authority to make the 
        supplier change; (iii) confirmation that the person on 
        the call wants to make the supplier change; (iv) the 
        names of the suppliers affected by the change;  (v) the 
        service address of the supply to be switched; and (vi) 
        the price of the service to be supplied and the 
        material terms and conditions of the service being 
        offered, including whether any early termination fees 
        apply.  Third-party verifiers may not market the 
        supplier's services by providing additional 
        information, including information regarding 
        procedures to block or otherwise freeze  an account 
        against further changes.
            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.  Submitting suppliers shall maintain and 
        preserve audio records of verification of subscriber 
        authorization for a minimum period of 2 years after 
        obtaining the verification.  Automated systems must 
        provide consumers with an option to speak with a live 
        person at any time during the call.
Each disclosure 
        made during the third-party verification must be made 
        individually to obtain clear acknowledgment of each 
        disclosure. The alternative retail electric supplier 
        must be in a location where he or she cannot hear the 
        customer while the third-party verification is 
        conducted. The alternative retail electric supplier 
        shall not contact the customer after the third-party 
        verification for a period of 24 hours unless the 
        customer initiates the contact. 
            (C) When a consumer initiates the call to the 
        prospective alternative retail electric supplier, in 
        order to enroll the consumer as a customer, the 
        prospective alternative retail electric supplier must, 
        with the consent of the customer, make a date-stamped, 
        time-stamped audio recording that elicits, at a 
        minimum, the following information:
                (1) the identity of the customer;
                (2) confirmation that the person on the call 
            is authorized to make the supplier change;
                (3) confirmation that the person on the call 
            wants to make the supplier change;
                (4) the names of the suppliers affected by the 
            change;
                (5) the service address of the supply to be 
            switched; and
                (6) the price of the service to be supplied 
            and the material terms and conditions of the 
            service being offered, including whether any early 
            termination fees apply.

            Submitting suppliers shall maintain and preserve 
        the audio records containing the information set forth 
        above for a minimum period of 2 years.

    (b)(1) An alternative retail electric supplier shall not 
utilize the name of a public utility in any manner that is 
deceptive or misleading, including, but not limited to, 
implying or otherwise leading a consumer to believe that an 
alternative retail electric supplier is soliciting on behalf 
of or is an agent of a utility. An alternative retail electric 
supplier shall not utilize the name, or any other identifying 
insignia, graphics, or wording that has been used at any time 
to represent a public utility company or its services, to 
identify, label, or define any of its electric power and 
energy service offers. An alternative retail electric supplier 
may state the name of a public electric utility in order to 
accurately describe the electric utility service territories 
in which the supplier is currently offering an electric power 
and energy service. An alternative retail electric supplier 
that is the affiliate of an Illinois public utility and that 
was doing business in Illinois providing alternative retail 
electric service on January 1, 2016 may continue to use that 
public utility's name, logo, identifying insignia, graphics, 
or wording in its business operations occurring outside the 
service territory of the public utility with which it is 
affiliated.
    (2) An alternative retail electric supplier shall not 
state or otherwise imply that the alternative retail electric 
supplier is employed by, representing, endorsed by, or acting 
on behalf of a utility or utility program, a consumer group or 
consumer group program, or a governmental body, unless the 
alternative retail electric supplier has entered into a 
contractual arrangement with the governmental body and has 
been authorized by the governmental body to make the 
statements.
    (c)  An alternative retail electric supplier shall not 
submit or execute a change in a consumer's selection of a 
provider of electric service unless the alternative retail 
electric supplier complies with the following requirements of 
this subsection (c). It is a violation of this Section for an 
alternative retail electric supplier to fail to comply with 
this subsection (c). The requirements of this subsection (c) 
shall only apply to residential and small commercial retail 
customers.  For purposes of this subsection (c) only, "small 
commercial retail customer" has the meaning given to that term 
in Section 16-102 of the Public Utilities Act.
        (1) During a solicitation an alternative retail 
    electric supplier shall state that he or represents an 
    independent seller of electric power and energy service 
    certified by the Illinois Commerce Commission and that he 
    or she is not employed by, representing, endorsed by, or 
    acting on behalf of, a utility, or a utility program, a 
    consumer group or consumer group program, or a 
    governmental body, unless the alternative retail electric 
    supplier has entered into a contractual arrangement with 
    the governmental body and has been authorized with the 
    governmental body to make the statements.
        (2) Alternative retail electric suppliers who engage 
    in in-person solicitation for the purpose of selling 
    electric power and energy service offered by the 
    alternative retail electric supplier shall display 
    identification on an outer garment. This identification 
    shall be visible at all times and prominently display the 
    following: (i) the alternative retail electric supplier 
    agent's full name in reasonable size font; (ii) an agent 
    identification number; (iii) a photograph of the 
    alternative retail electric supplier agent; and (iv) the 
    trade name and logo of the alternative retail electric 
    supplier the agent is representing. If the agent is 
    selling electric power and energy services from multiple 
    alternative retail electric suppliers to the consumer, the 
    identification shall display the trade name and logo of 
    the agent, broker, or consultant entity as that entity is 
    defined in Section 16-115C of the Public Utilities Act. An 
    alternative retail electric supplier shall leave the 
    premises at the consumer's, owner's, or occupant's 
    request. A copy of the Uniform Disclosure Statement 
    described in 83 Ill. Adm. Code 412.115 and 412.Appendix A 
    is to be left with the consumer, at the conclusion of the 
    visit unless the consumer refuses to accept a copy. An 
    alternative retail electric supplier may provide the 
    Uniform Disclosure Statement electronically instead of in 
    paper form to a consumer upon that customer's request. The 
    alternative retail electric supplier shall also offer to 
    the consumer, at the time of the initiation of the 
    solicitation, a business card or other material that lists 
    the agent's name, identification number and title, and the 
    alternative retail electric supplier's name and contact 
    information, including phone number. The alternative 
    retail electric supplier shall not conduct any in-person 
    solicitations of consumers at any building or premises 
    where any sign, notice, or declaration of any description 
    whatsoever is posted that prohibits sales, marketing, or 
    solicitations. The alternative retail electric supplier 
    shall obtain consent to enter multi-unit residential 
    dwellings. Consent obtained to enter a multi-unit dwelling 
    from one prospective customer or occupant of the dwelling 
    shall not constitute consent to market to any other 
    prospective consumers without separate consent.
        (3) An alternative retail electric supplier who 
    contacts consumers by telephone for the purpose of selling 
    electric power and energy service shall provide the 
    agent's name and identification number. Any telemarketing 
    solicitations that lead to a telephone enrollment of a 
    consumer must be recorded and retained for a minimum of 2 
    years. All telemarketing calls of consumers that do not 
    lead to a telephone enrollment, but last at least 2 
    minutes, shall be recorded and retained for a minimum of 6 
    months.
        (4) During an inbound enrollment call, an alternative 
    retail electric supplier shall state that he or she 
    represents an independent seller of electric power and 
    energy service certified by the Illinois Commerce 
    Commission. All inbound enrollment calls that lead to an 
    enrollment shall be recorded, and the recordings shall be 
    retained for a minimum of 2 years. An inbound enrollment 
    call that does not lead to an enrollment, but lasts at 
    least 2 minutes, shall be retained for a minimum of 6 
    months. The alternative retail electric supplier shall 
    send the Uniform Disclosure Statement and contract to the 
    customer within 3 business days after the electric 
    utility's confirmation to the alternative retail electric 
    supplier of an accepted enrollment.
        (5) If a direct mail solicitation to a consumer 
    includes a written letter of agency, it shall include the 
    Uniform Disclosure Statement described in 83 Ill. Adm. 
    Code 412.115 and 412.Appendix A. The Uniform Disclosure 
    Statement shall be provided on a separate page from the 
    other marketing materials included in the direct mail 
    solicitation. If a written letter of agency is being used 
    to authorize a consumer's enrollment, the written letter 
    of agency shall comply with this Section. A copy of the 
    contract must be sent to the consumer within 3 business 
    days after the electric utility's confirmation to the 
    alternative retail electric supplier of an accepted 
    enrollment.
        (6) Online Solicitation.
            (A) Each alternative retail electric supplier 
        offering electric power and energy service to 
        consumers online shall clearly and conspicuously make 
        all disclosures for any services offered through 
        online enrollment before requiring the consumer to 
        enter any personal information other than zip code, 
        electric utility service territory, or type of service 
        sought.
            (B) Notwithstanding any requirements in this 
        Section to the contrary, an alternative retail 
        electric supplier may secure consent from the consumer 
        to obtain customer-specific billing and usage 
        information for the sole purpose of determining and 
        pricing a product through a letter of agency or method 
        approved through an Illinois Commerce Commission 
        docket before making all disclosure for services 
        offered through online enrollment. It is a violation 
        of this Act for an alternative retail electric 
        supplier to use a consumer's utility account number to 
        execute or change a consumer's enrollment unless the 
        consumer expressly consents to that enrollment as 
        required by law.
            (C)  The enrollment website of the alternative 
        retail electric supplier shall, at a minimum, include: 
        (i) disclosure of all material terms and conditions of 
        the offer; (ii) a statement that electronic acceptance 
        of the terms and conditions is an agreement to 
        initiate service and begin enrollment; (iii) a 
        statement that the consumer shall review the contract 
        or contact the current supplier to learn if any early 
        termination fees are applicable; and (iv) an email 
        address and toll-free phone number of the alternative 
        retail electric supplier where the customer can 
        express a decision to rescind the contract.
        (7)(A) Beginning January 1, 2020, an alternative 
    retail electric supplier shall not sell or offer to sell 
    any products or services to a consumer pursuant to a 
    contract in which the  contract automatically renews, 
    unless an alternative retail electric supplier provides to 
    the consumer at the outset of the offer, in addition to 
    other disclosures required by law, a separate written 
    statement titled "Automatic Contract Renewal" that clearly 
    and conspicuously discloses in bold lettering in at least 
    12-point font the terms and conditions of the automatic 
    contract renewal provision, including: (i) the estimated 
    bill cycle on which the initial contract term expires and 
    a statement that it could be later based on when the 
    utility accepts the initial enrollment; (ii) the estimated 
    bill cycle on which the new contract term begins and a 
    statement that it will immediately follow the last billing 
    cycle of the current term; (iii) the procedure to 
    terminate the contract before the new contract term 
    applies; and (iv) the cancellation procedure.  If the 
    alternative retail electric supplier sells or offers to 
    sell the products or services to a consumer during an 
    in-person solicitation or telemarketing solicitation, the 
    disclosures described in this subparagraph (A) shall also 
    be made to the consumer verbally during the solicitation. 
    Nothing in this subparagraph (A) shall be construed to 
    apply to contracts entered into before January 1, 2020.
            (B) At least 30 days before, but not more than 60 
        days prior, to the end of the initial contract term, in 
        any and all contracts that automatically renew after 
        the initial term, the alternative retail electric 
        supplier shall send, in addition to other disclosures 
        required by law, a separate written notice of the 
        contract renewal to the consumer that clearly and 
        conspicuously discloses the following:
                (i) a statement printed or visible from the 
            outside of the envelope or in the subject line of 
            the email, if the customer has agreed to receive 
            official documents by email, that states "Contract 
            Renewal Notice";
                (ii) a statement in bold lettering, in at 
            least 12-point font, that the contract will 
            automatically renew unless the customer cancels 
            it;
                (iii) the billing cycle in which service under 
            the current term will expire;
                (iv) the billing cycle in which service under 
            the new term will begin;
                (v) the process and options available to the 
            consumer to reject the new contract terms;
                (vi) the cancellation process if the 
            consumer's contract automatically renews before 
            the consumer rejects the new contract terms;
                (vii) the terms and conditions of the new 
            contract term;
                (viii) for a fixed rate contract, a 
            side-by-side comparison of the current price and 
            the new price; for a variable rate contract or 
            time-of-use product in which the first month's 
            renewal price can be determined, a side-by-side 
            comparison of the current price and the price for 
            the first month of the new variable or time-of-use 
            price; or for a variable or time-of-use contract 
            based on a publicly available index, a 
            side-by-side comparison of the current formula and 
            the new formula; and 
                (ix) the phone number and Internet address to 
            submit a consumer inquiry or complaint to the 
            Illinois Commerce Commission and the Office of the 
            Attorney General. 
            (C) An alternative retail electric supplier shall 
        not automatically renew a consumer's enrollment after 
        the current term of the contract expires when the 
        current term of the contract provides that the 
        consumer will be charged a fixed rate and the renewed 
        contract provides that the consumer will be charged a 
        variable rate, unless: (i) the alternative retail 
        electric supplier complies with subparagraphs (A) and 
        (B); and (ii) the customer expressly consents to the 
        contract renewal in writing or by electronic signature 
        at least 30 days, but no more than 60 days, before the 
        contract expires.
            (D) This paragraph (7) does not apply to customers 
        enrolled in a municipal aggregation program pursuant 
        to Section 1-92 of the Illinois Power Agency Act. 
        (8) All in-person and telephone solicitations shall be 
    conducted in, translated into, and provided in a language 
    in which the consumer subject to the marketing or 
    solicitation is able to understand and communicate. An 
    alternative retail electric supplier shall terminate a 
    solicitation if the consumer subject to the marketing or 
    communication is unable to understand and communicate in 
    the language in which the marketing or solicitation is 
    being conducted. An alternative retail electric supplier 
    shall comply with Section 2N of this Act.
        (9) Beginning January 1, 2020, consumers shall have 
    the right to terminate their contract with the alternative 
    retail electric supplier at any time without any 
    termination fees or penalties.
        (10) An alternative retail electric supplier shall not 
    submit a change to a customer's electric service provider 
    in violation of Section 16-115E of the Public Utilities 
    Act. 
    (d)  Complaints may be filed with the Illinois Commerce 
Commission under this Section by a consumer whose electric 
service has been provided by an alternative retail electric 
supplier in a manner not in compliance with this Section or by 
the Illinois Commerce Commission on its own motion when it 
appears to the Commission that an alternative retail electric 
supplier has provided service in a manner not in compliance 
with this Section.  If, after notice and hearing, the 
Commission finds that an alternative retail electric supplier 
has violated this Section, the Commission may in its 
discretion do any one or more of the following:
        (1)  Require the violating alternative retail electric 
    supplier to refund to the consumer charges collected in 
    excess of those that would have been charged by the 
    consumer's authorized electric service provider.
        (2)   Require the violating alternative retail electric 
    supplier to pay to the consumer's authorized electric 
    service provider the amount the authorized electric 
    service provider would have collected for the electric 
    service.  The Commission is authorized to reduce this 
    payment by any amount already paid by the violating 
    alternative retail electric supplier to the consumer's 
    authorized provider for electric service.
        (3)   Require the violating alternative retail electric 
    supplier to pay a fine of up to $10,000 into the Public 
    Utility Fund for each violation of this Section.
        (4)   Issue a cease and desist order.
        (5)   For a pattern of violation of this Section or for 
    violations that continue after a cease and desist order, 
    revoke the violating alternative retail electric 
    supplier's certificate of service authority.

    (d-5)(1) Before an alternative retail electric supplier 
may
warrant that it has a residential customer or small 
commercial
retail customer's express consent agreement to 
access interval
data as described in subsection (b) of Section 
16-122 of the
Public Utilities Act, the alternative retail 
electric supplier
shall: (i) disclose to the consumer at the 
outset of the offer
that the alternative retail electric 
supplier will access the
consumer's interval data from the 
consumer's utility with the
consumer's express agreement, and 
the consumer's option to
refuse to provide express agreement 
to access the consumer's
interval data; and (ii) obtain the 
consumer's express
agreement for the alternative retail 
electric supplier to
access the consumer's interval data from 
the consumer's utility in a separate letter of agency, a 
distinct response to a third-party verification, or during a 
recorded enrollment
initiated by the consumer with the 
consumer's consent. The
disclosure by the alternative retail 
electric supplier to the
consumer in this Section shall be 
conducted in, translated
into, and provided in a language in 
which the consumer subject
to the disclosure is able to 
understand and communicate. 
    (2) Before an alternative retail electric supplier may

warrant to an electric utility that it has an express

agreement from a residential customer or small commercial

retail customer who was enrolled with the alternative retail

electric supplier prior to the effective date of this

amendatory Act of the 103rd General Assembly to access the

consumer's interval data as described in subsection (b)of 
Section
16-122 of the Public Utilities Act, an alternative 
retail
electric supplier shall: (i) disclose to the consumer 
that the
alternative retail electric supplier will access the

consumer's interval data from the consumer's utility with the 
consumer's express agreement, which is a material change to

the consumer's existing contract terms, and the consumer's

option to refuse to provide express agreement to access the

consumer's interval data; and (ii) obtain the consumer's

express agreement for the alternative retail electric supplier

to change the consumer's material contract terms to access the

consumer's interval data from the consumer's utility in a

separate letter of agency, a distinct response to a

third-party verification, or during a recorded enrollment 
initiated by the consumer with the consumer's consent. The

disclosure by the alternative retail electric supplier to the

consumer in this Section shall be conducted in, translated

into, and provided in a language in which the consumer subject

to the disclosure is able to understand and communicate. 
    (3) An alternative retail electric supplier may refuse to

enroll or may disenroll a residential customer or small

commercial retail customer in a product or service as 
described in
paragraph (4) of subsection (b) of Section 16-122 
of the
Public Utilities Act if the residential customer or 
small
commercial retail customer does not provide or revokes 
consent
under this subsection. 
    (4) An alternative retail electric supplier shall not

warrant that it has a non residential customer's, other than a

small commercial retail customer, consent to access interval

data as described in subsection (b) of Section 16-122 of the

Public Utilities Act unless the contract between the

alternative retail electric supplier and the customer

explicitly provides the alternative retail electric supplier

with permission to access the customer's interval meter usage

data. An alternative retail electric supplier shall not 
release, sell, license, or otherwise disclose any customer 
interval data obtained under Section 16-122 of the Public 
Utilities Act to any third person except as provided for in 
Section 16-122 of the Public Utilities Act. 
    (e) For purposes of this
Section:
    "Electric service provider"
shall have the meaning given 
that phrase in
Section 6.5 of the
Attorney General Act.

    "Alternative retail electric supplier" has the meaning 
given to that term in Section 16-102 of the Public Utilities 
Act. 
(Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23; 
revised 12-13-22.)

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