97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1653

 

Introduced 2/9/2011, by Sen. Don Harmon

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/16-117

    Amends the Public Utilities Act. Provides that not more than 90 days after the effective date of the amendatory Act, the Illinois Commerce Commission shall direct the Office of Retail Market Development to update the consumer education materials for residential consumers and small business consumers. Provides that the Commission may form another working group to prepare and review the consumer education materials prior to their adoption by the Commission.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public utilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Section 16-117 as follows:
 
6    (220 ILCS 5/16-117)
7    Sec. 16-117. Commission consumer education program.
8    (a) The restructuring of the electricity industry will
9create a new electricity market with new marketers and sellers
10offering new goods and services, many of which the average
11consumer will not be able to readily evaluate. It is the intent
12of the General Assembly that (i) electricity consumers be
13provided with sufficient and reliable information so that they
14are able to compare and make informed selections of products
15and services provided in the electricity market; and (ii)
16mechanisms be provided to enable consumers to protect
17themselves from marketing practices that are unfair or abusive.
18    (b) The Commission shall implement and maintain a consumer
19education program to provide residential and small commercial
20retail customers with information to help them understand their
21service options in a competitive electric services market, and
22their rights and responsibilities.
23    (c) The Commission shall form a working group following the

 

 

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1enactment of this amendatory Act of 1997. This group shall
2consist of 5 representatives of the investor-owned electric
3utilities in this State, 2 of which shall be appointed by
4electric utilities serving over 1,000,000 retail customers in
5this State; 2 representatives of alternative retail electric
6suppliers; 3 representatives of organizations representing the
7interests of residential and small commercial retail
8customers; and the Commission.
9    (d) By March 1, 1999, with respect to educational materials
10for small commercial customers and by November 1, 2001 with
11respect to educational materials for residential customers,
12the working group appointed pursuant to this Section shall
13develop a package of printed educational materials which meet
14the requirements of subsection (e) and shall submit such
15package to the Commission for approval, along with
16recommendations for implementing this consumer education
17program. Such materials shall consider the needs of different
18types of consumers in this State, such as elderly, low-income,
19multilingual, minority, rural and disabled customers. The
20working group shall issue recommendations to the Commission on
21how such education program can be implemented through a variety
22of communication methods, including specifically mass media,
23distribution of printed material, public service
24announcements, and posting on the Internet.
25    Not more than 90 days after the effective date of this
26amendatory Act of the 97th General Assembly, the Commission

 

 

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1shall direct the Office of Retail Market Development to update
2the consumer education materials for residential consumers and
3small business consumers. The Commission may form another
4working group to prepare and review the consumer education
5materials prior to their adoption by the Commission.
6    (e) At a minimum, the materials constituting the consumer
7education program submitted to the Commission by the working
8group shall include concise explanations or descriptions of the
9following:
10        (1) the structure of the electric utility industry
11    following this amendatory Act of 1997 and a glossary of
12    basic terms;
13        (2) the choices available to consumers to take electric
14    service from an alternative retail electric supplier or
15    remain as a retail customer of an electric utility;
16        (3) a customer's rights, risks and responsibilities in
17    receiving service from an alternative retail electric
18    supplier or remaining as a retail customer of an electric
19    utility;
20        (4) the legal obligations of alternative retail
21    electric suppliers;
22        (5) those services that may be offered on a competitive
23    basis in a deregulated electric services market, including
24    services that could be packaged with the delivery of
25    electric power and energy;
26        (6) services that an electric utility is required to

 

 

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1    provide pursuant to tariffed rates;
2        (7) the components of a bill that could be received by
3    a customer taking delivery services;
4        (8) the complaint procedures set forth in Section
5    10-108 of this Act by which consumers may seek a redress of
6    grievances against an electric utility or an alternative
7    retail electric supplier and a list of phone numbers of the
8    Commission, the Attorney General or other entities that can
9    provide information and assistance to customers; and
10        (9) additional information available from the
11    Commission upon request.
12    (f) Within 45 days following the submission required of the
13working group by subsection (d) of this Section, the Commission
14shall approve or disapprove the educational materials and
15recommendations for program implementation. The Commission
16shall be deemed to have approved the educational program
17materials and recommendations unless the Commission
18disapproves of any such material or recommendation within 45
19days following the date of receipt.
20    (g) Once approved by the Commission, materials comprising
21the consumer education program contemplated by this Section
22shall be distributed as follows:
23        (1) Electric utilities shall mail printed educational
24    materials specified by the working group and approved by
25    the Commission (a) to all residential and small commercial
26    retail customers within a reasonable period prior to the

 

 

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1    date that such customers become eligible to purchase power
2    from alternative retail electric suppliers, such
3    "reasonable period" to be determined by the Commission; and
4    (b) once the applicable customer class becomes eligible to
5    receive delivery services, to all new residential and small
6    commercial retail customers at the time that such customers
7    begin taking services from the electric utility.
8        (2) Alternative retail electric suppliers shall
9    include such materials with all initial mailings to
10    potential residential and small commercial retail
11    customers but in all circumstances prior to the time by
12    which an alternative retail electric supplier executes any
13    agreements or contracts with such customers for the supply
14    of electric services.
15        (3) Both electric utilities and alternative retail
16    electric suppliers shall provide such materials at no
17    charge to residential and small commercial retail
18    customers upon request.
19        (4) The Commission shall make available upon request
20    and at no charge, and shall make available to the public on
21    the Internet through the State of Illinois World Wide Web
22    Site:
23            (A) all printed educational materials developed by
24        the working group and approved by the Commission;
25            (B) a list of all certified alternative retail
26        electric suppliers serving residential and small

 

 

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1        commercial retail customers within the service
2        territory of each electric utility;
3            (C) a list of alternative retail electric
4        suppliers serving residential or small commercial
5        retail customers which have been found in the last 3
6        years by the Commission pursuant to Section 10-108 to
7        have failed to provide service in accordance with the
8        terms of their contracts with such retail customers;
9        and
10            (D) guidelines to assist customers in determining
11        which energy supplier is most appropriate for each
12        customer.
13    (h) The Commission may also adopt a uniform disclosure form
14which alternative retail electric suppliers would be required
15to complete enabling consumers to compare prices, terms and
16conditions offered by such suppliers.
17    (i) The Commission shall make available to the public staff
18with the ability and knowledge to respond to consumer
19inquiries.
20    (j) The costs of printing educational materials approved by
21the Commission pursuant to this Section shall be payable solely
22from funding as provided in this subsection.
23    Each year the General Assembly shall appropriate money to
24the Commission from the General Revenue Fund for the expenses
25of the Commission associated with this Section. The cost of the
26consumer education program contemplated by this Section shall

 

 

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1not exceed the amount of such appropriation. In no event shall
2any electric utility, alternative retail electric supplier or
3customer be liable for the costs of printing consumer education
4program material in accordance with this Section. The
5obligations associated with this consumer education program
6shall not exceed the amounts appropriated for this program
7pursuant to this Section.
8    (k) The Commission shall study the effectiveness of the
9consumer education program. Such study shall include a notice
10and an opportunity for participation and comment by all
11interested and potentially affected parties. Such study shall
12be completed by January 31st of each year during the mandatory
13transition period and a summary thereof, together with any
14legislative recommendations, shall be included in the
15Commission's Annual Report due in accordance with Section 4-304
16of this Act.
17(Source: P.A. 90-561, eff. 12-16-97.)