SB1879 EnrolledLRB103 25115 AMQ 51452 b

1    AN ACT concerning 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
5Sections 16-115A and 16-122 as follows:
 
6    (220 ILCS 5/16-115A)
7    Sec. 16-115A. Obligations of alternative retail electric
8suppliers.
9    (a) An alternative retail electric supplier:
10        (i) shall comply with the requirements imposed on
11    public utilities by Sections 8-201 through 8-207, 8-301,
12    8-505 and 8-507 of this Act, to the extent that these
13    Sections have application to the services being offered by
14    the alternative retail electric supplier;
15        (ii) shall continue to comply with the requirements
16    for certification stated in subsection (d) of Section
17    16-115;
18        (iii) by May 31, 2020 and every June 30 thereafter,
19    shall submit to the Commission and the Office of the
20    Attorney General the rates the retail electric supplier
21    charged to residential customers in the prior year,
22    including each distinct rate charged and whether the rate
23    was a fixed or variable rate, the basis for the variable

 

 

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1    rate, and any fees charged in addition to the supply rate,
2    including monthly fees, flat fees, or other service
3    charges; and
4        (iv) shall make publicly available on its website,
5    without the need for a customer login, rate information
6    for all of its variable, time-of-use, and fixed rate
7    contracts currently available to residential customers,
8    including, but not limited to, fixed monthly charges,
9    early termination fees, and kilowatt-hour charges.
10    (b) An alternative retail electric supplier shall obtain
11verifiable authorization from a customer, in a form or manner
12approved by the Commission consistent with Section 2EE of the
13Consumer Fraud and Deceptive Business Practices Act, before
14the customer is switched from another supplier.
15    (c) No alternative retail electric supplier, or electric
16utility other than the electric utility in whose service area
17a customer is located, shall (i) enter into or employ any
18arrangements which have the effect of preventing a retail
19customer with a maximum electrical demand of less than one
20megawatt from having access to the services of the electric
21utility in whose service area the customer is located or (ii)
22charge retail customers for such access. This subsection shall
23not be construed to prevent an arms-length agreement between a
24supplier and a retail customer that sets a term of service,
25notice period for terminating service and provisions governing
26early termination through a tariff or contract as allowed by

 

 

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1Section 16-119.
2    (d) An alternative retail electric supplier that is
3certified to serve residential or small commercial retail
4customers shall not:
5        (1) deny service to a customer or group of customers
6    nor establish any differences as to prices, terms,
7    conditions, services, products, facilities, or in any
8    other respect, whereby such denial or differences are
9    based upon race, gender or income, except as provided in
10    Section 16-115E.
11        (2) deny service to a customer or group of customers
12    based on locality nor establish any unreasonable
13    difference as to prices, terms, conditions, services,
14    products, or facilities as between localities.
15        (3) warrant that it has a residential customer or
16    small commercial retail customer's express consent
17    agreement to access interval data as described in
18    subsection (b) of Section 16-122, unless the alternative
19    retail electric supplier has:
20            (A) disclosed to the consumer at the outset of the
21        offer that the alternative retail electric supplier
22        will access the consumer's interval data from the
23        consumer's utility with the consumer's express
24        agreement and the consumer's option to refuse to
25        provide express agreement to access the consumer's
26        interval data; and

 

 

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1            (B) obtained the consumer's express agreement for
2        the alternative retail electric supplier to access the
3        consumer's interval data from the consumer's utility
4        in a separate letter of agency, a distinct response to
5        a third-party verification, or as a separate
6        affirmative consent during a recorded enrollment
7        initiated by the consumer. The disclosure by the
8        alternative retail electric supplier to the consumer
9        in this Section shall be conducted in, translated
10        into, and provided in a language in which the consumer
11        subject to the disclosure is able to understand and
12        communicate.
13        (4) release, sell, license, or otherwise disclose any
14    customer interval data obtained under Section 16-122 to
15    any third person except as provided for in Section 16-122
16    and paragraphs (1) through (4) of subsection (d-5) of
17    Section 2EE of the Consumer Fraud and Deceptive Business
18    Practices Act.
19    (e) An alternative retail electric supplier shall comply
20with the following requirements with respect to the marketing,
21offering and provision of products or services to residential
22and small commercial retail customers:
23        (i) All marketing materials, including, but not
24    limited to, electronic marketing materials, in-person
25    solicitations, and telephone solicitations, shall contain
26    information that adequately discloses the prices, terms,

 

 

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1    and conditions of the products or services that the
2    alternative retail electric supplier is offering or
3    selling to the customer and shall disclose the current
4    utility electric supply price to compare applicable at the
5    time the alternative retail electric supplier is offering
6    or selling the products or services to the customer and
7    shall disclose the date on which the utility electric
8    supply price to compare became effective and the date on
9    which it will expire. The utility electric supply price to
10    compare shall be the sum of the electric supply charge and
11    the transmission services charge and shall not include the
12    purchased electricity adjustment. The disclosure shall
13    include a statement that the price to compare does not
14    include the purchased electricity adjustment, and, if
15    applicable, the range of the purchased electricity
16    adjustment. All marketing materials, including, but not
17    limited to, electronic marketing materials, in-person
18    solicitations, and telephone solicitations, shall include
19    the following statement:
20            "(Name of the alternative retail electric
21        supplier) is not the same entity as your electric
22        delivery company. You are not required to enroll with
23        (name of alternative retail electric supplier).
24        Beginning on (effective date), the electric supply
25        price to compare is (price in cents per kilowatt
26        hour). The electric utility electric supply price will

 

 

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1        expire on (expiration date). The utility electric
2        supply price to compare does not include the purchased
3        electricity adjustment factor. For more information go
4        to the Illinois Commerce Commission's free website at
5        www.pluginillinois.org.".
6        If applicable, the statement shall also include the
7    following statement:
8            "The purchased electricity adjustment factor may
9        range between +.5 cents and -.5 cents per kilowatt
10        hour.".
11        This paragraph (i) does not apply to goodwill or
12    institutional advertising.
13        (ii) Before any customer is switched from another
14    supplier, the alternative retail electric supplier shall
15    give the customer written information that adequately
16    discloses, in plain language, the prices, terms and
17    conditions of the products and services being offered and
18    sold to the customer. This written information shall be
19    provided in a language in which the customer subject to
20    the marketing or solicitation is able to understand and
21    communicate, and the alternative retail electric supplier
22    shall not switch a customer who is unable to understand
23    and communicate in a language in which the marketing or
24    solicitation was conducted. The alternative retail
25    electric supplier shall comply with Section 2N of the
26    Consumer Fraud and Deceptive Business Practices Act.

 

 

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1        (iii) An alternative retail electric supplier shall
2    provide documentation to the Commission and to customers
3    that substantiates any claims made by the alternative
4    retail electric supplier regarding the technologies and
5    fuel types used to generate the electricity offered or
6    sold to customers.
7        (iv) The alternative retail electric supplier shall
8    provide to the customer (1) itemized billing statements
9    that describe the products and services provided to the
10    customer and their prices, and (2) an additional
11    statement, at least annually, that adequately discloses
12    the average monthly prices, and the terms and conditions,
13    of the products and services sold to the customer.
14        (v) All in-person and telephone solicitations shall be
15    conducted in, translated into, and provided in a language
16    in which the consumer subject to the marketing or
17    solicitation is able to understand and communicate. An
18    alternative retail electric supplier shall terminate a
19    solicitation if the consumer subject to the marketing or
20    communication is unable to understand and communicate in
21    the language in which the marketing or solicitation is
22    being conducted. An alternative retail electric supplier
23    shall comply with Section 2N of the Consumer Fraud and
24    Deceptive Business Practices Act.
25        (vi) Each alternative retail electric supplier shall
26    conduct training for individual representatives engaged in

 

 

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1    in-person solicitation and telemarketing to residential
2    customers on behalf of that alternative retail electric
3    supplier prior to conducting any such solicitations on the
4    alternative retail electric supplier's behalf. Each
5    alternative retail electric supplier shall submit a copy
6    of its training material to the Commission on an annual
7    basis and the Commission shall have the right to review
8    and require updates to the material. After initial
9    training, each alternative retail electric supplier shall
10    be required to conduct refresher training for its
11    individual representatives every 6 months.
12    (f) An alternative retail electric supplier may limit the
13overall size or availability of a service offering by
14specifying one or more of the following: a maximum number of
15customers, maximum amount of electric load to be served, time
16period during which the offering will be available, or other
17comparable limitation, but not including the geographic
18locations of customers within the area which the alternative
19retail electric supplier is certificated to serve. The
20alternative retail electric supplier shall file the terms and
21conditions of such service offering including the applicable
22limitations with the Commission prior to making the service
23offering available to customers.
24    (g) Nothing in this Section shall be construed as
25preventing an alternative retail electric supplier, which is
26an affiliate of, or which contracts with, (i) an industry or

 

 

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1trade organization or association, (ii) a membership
2organization or association that exists for a purpose other
3than the purchase of electricity, or (iii) another
4organization that meets criteria established in a rule adopted
5by the Commission, from offering through the organization or
6association services at prices, terms and conditions that are
7available solely to the members of the organization or
8association.
9(Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)
 
10    (220 ILCS 5/16-122)
11    Sec. 16-122. Customer information.
12    (a) Upon the request of a retail customer, or a person who
13presents verifiable authorization and is acting as the
14customer's agent, and payment of a reasonable fee, electric
15utilities shall provide to the customer or its authorized
16agent the customer's billing and usage data.
17    (b) Upon request from any alternative retail electric
18supplier and payment of a reasonable fee, an electric utility
19serving retail customers in its service area shall make
20available generic information concerning the usage, load shape
21curve or other general characteristics of customers by rate
22classification. Provided however, no customer specific
23billing, usage or load shape data shall be provided under this
24subsection unless authorization to provide such information is
25provided by the customer pursuant to subsection (a) of this

 

 

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1Section.
2    Notwithstanding the requirements of this Section, if an
3alternative retail electric supplier warrants to an electric
4utility serving more than 500,000 retail customers that the
5alternative retail electric supplier's customer has provided
6consent as described in subsection (d-5) of Section 2EE of the
7Consumer Fraud and Deceptive Business Practices Act, then
8until either the customer contacts the alternative retail
9electric supplier to opt out or the customer is no longer
10served by the alternative retail electric supplier:
11        (1) An electric utility serving more than 500,000
12    retail customers shall electronically transmit interval
13    meter usage data at the end of each monthly billing period
14    for each residential retail customer for which the
15    alternative retail electric supplier is providing electric
16    power and energy supply service, for which the alternative
17    retail electric supplier has requested such information,
18    and for which the electric utility meters the residential
19    customer using automated metering infrastructure
20    equipment. Such data transmission shall occur no later
21    than one business day after the electric utility serving
22    more than 500,000 retail customers validates the interval
23    meter usage data with the monthly billing period for such
24    residential retail customer through an electronic data
25    interchange or secure interface for which the alternative
26    retail electric supplier has requested such information

 

 

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1    and upon payment of a reasonable and amortized fee to
2    recover the utility's prudently and reasonably incurred
3    costs, approved by the Commission after notice and
4    hearing, to provide this service. The interval meter usage
5    data shall be provided at a minimum on an hourly basis or
6    on a 30-minute basis. In addition, not later than the
7    following day, the electric utility shall provide
8    unverified interval data through an electronic data
9    interchange or secure interface for which the alternative
10    retail electric supplier has requested such information
11    and upon payment of a reasonable and amortized fee to
12    recover the utility's prudently and reasonably incurred
13    costs, approved by the Commission after notice and
14    hearing, to provide this service. The unverified interval
15    meter usage data shall be provided at a minimum on an
16    hourly basis or on a 30-minute basis. The same processes
17    shall apply for nonresidential retail customers.
18        (2) An electric utility serving more than 500,000
19    retail customers shall submit tariffs to the Commission
20    for approval within 120 days of the effective date of this
21    amendatory Act of the 103rd General Assembly to meet the
22    minimum requirements of paragraph (1) and provide such
23    services no later than June 1, 2025. The Commission shall
24    issue an order approving, or approving with modification
25    to ensure compliance with this Section, the tariff no
26    later than 240 days after such filing of the tariffs filed

 

 

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1    as described in this Section.
2        (3) Nothing in this amendatory Act of the 103rd
3    General Assembly prohibits such utility proposing new
4    tariffs as described in Article IX to the extent such
5    tariffs are consistent with the requirements of this
6    amendatory Act of the 103rd General Assembly. Nothing in
7    this amendatory Act of the 103rd General Assembly shall
8    require such electric utility to alter its tariffs or
9    practices to the extent that they: (i) provide interval
10    data with shorter intervals; (ii) provide interval data
11    more frequently than monthly; or (iii) provide other
12    enhancements beyond the minimum standards required by
13    paragraph (1).
14        (4) An alternative retail electric supplier shall use
15    such interval meter usage data exclusively for the
16    development, marketing, and provision of current and
17    future products and services to enable such customers to
18    more easily and effectively manage their energy
19    consumption, including, but not limited to, time-of-use
20    pricing, demand response, energy efficiency or management,
21    beneficial electrification, on-site or community
22    generation, or any other electricity-related products or
23    services or customer billing or as otherwise authorized by
24    the Commission.
25        (5) An alternative retail electric supplier shall not
26    sell interval data obtained under this Section. An

 

 

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1    alternative retail electric supplier shall not provide,
2    share, or otherwise disclose a consumer's interval meter
3    data obtained under this Section, except an alternative
4    retail electric supplier may license or disclose a
5    customer's interval meter data obtained under this Section
6    if the following conditions are met: (i) the license or
7    disclosure is made to an alternative retail electric
8    supplier's affiliate or a third party with which the
9    alternative retail electric supplier has a contract; (ii)
10    the disclosure of a customer's interval meter data is made
11    only to perform the following functions on behalf of the
12    alternative retail electric supplier: billing and
13    invoicing, administration of the product or service
14    provided to the customer, or pricing products and services
15    for the customer; and (iii) the alternative retail
16    electric supplier maintains responsibility for ensuring
17    that its affiliates and contracted third parties purge
18    such data upon termination of their contract, ownership,
19    affiliation, or license or other agreement, or to the
20    extent that the customer interval data is no longer
21    necessary for the affiliate or contracted third party to
22    perform the function for which the customer interval data
23    was provided. An alternative retail electric supplier may
24    not provide a customer's interval meter data obtained
25    under this Section to a sales agent, broker, or consultant
26    for the purpose of marketing to that specific customer. An

 

 

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1    alternative retail electric supplier shall be strictly
2    liable under the Consumer Fraud and Deceptive Business
3    Practices Act, this Act, and any other applicable law for
4    any improper or unauthorized disclosure of customer
5    interval data by it or any entity to which it discloses
6    such customer interval data, regardless of whether such
7    data was disclosed under the terms of this Section.
8        (6) Nothing in this Section prohibits an electric
9    utility serving more than 500,000 retail customers from
10    providing interval metering data to an alternative retail
11    electric supplier as otherwise authorized by law or order
12    of the Commission.
13        (7) The Commission shall set such fee, after notice
14    and hearing pursuant to paragraph (1) and cost recovery to
15    provide data or services, including any and all data or
16    services provided or proposed under paragraphs (1) through
17    (3) or otherwise authorized by this amendatory Act of the
18    103rd General Assembly, which shall be designed to obtain
19    cost recovery solely from alternative retail electric
20    suppliers. The fee shall be paid by all alternative retail
21    electric suppliers that are authorized to provide service
22    to residential customers in the electric utility's service
23    territory on a periodic basis as set forth in the tariff.
24    The Commission shall not establish a fee that is so high as
25    to deter competition or competitive supply offerings in
26    the State, or deny a utility a reasonable opportunity to

 

 

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1    recover its cost of providing public utility service
2    pursuant to this Act. The Commission may at any time
3    review the reasonableness of the fee established pursuant
4    to this Section upon its own motion or petition of an
5    interested party.
6    (c) Upon request from a unit of local government and
7payment of a reasonable fee, an electric utility shall make
8available information concerning the usage, load shape curves,
9and other characteristics of customers by customer
10classification and location within the boundaries of the unit
11of local government, however, no customer specific billing,
12usage, or load shape data shall be provided under this
13subsection unless authorization to provide that information is
14provided by the customer. This subsection (c) does not
15prohibit an electric utility from providing a unit of local
16government or its designated auditor the materials delineated
17in Section 8-11-2.5 of the Illinois Municipal Code for the
18purposes of an audit under that Section.
19    (d) All such customer information shall be made available
20in a timely fashion in an electronic format, if available.
21(Source: P.A. 102-1144, eff. 3-17-23.)
 
22    Section 10. The Consumer Fraud and Deceptive Business
23Practices Act is amended by changing Section 2EE as follows:
 
24    (815 ILCS 505/2EE)

 

 

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1    Sec. 2EE. Alternative retail electric supplier selection.
2    (a) An alternative retail electric supplier shall not
3submit or execute a change in a consumer's selection of a
4provider of electric service unless and until:
5        (i) the alternative retail electric supplier first
6    discloses all material terms and conditions of the offer
7    to the consumer;
8        (ii) if the consumer is a small commercial retail
9    customer as that term is defined in subsection (c) of this
10    Section or a residential consumer, the alternative retail
11    electric supplier discloses the utility electric supply
12    price to compare, which shall be the sum of the electric
13    supply charge and the transmission services charge, and
14    shall not include the purchased electricity adjustment,
15    applicable at the time the offer is made to the consumer;
16        (iii) if the consumer is a small commercial retail
17    customer as that term is defined in subsection (c) of this
18    Section or a residential consumer, the alternative retail
19    electric provider discloses the following statement:
20            "(Name of the alternative retail electric
21        supplier) is not the same entity as your electric
22        delivery company. You are not required to enroll with
23        (name of alternative retail electric supplier). As of
24        (effective date), the electric supply price to compare
25        is currently (price in cents per kilowatt hour). The
26        electric utility electric supply price will expire on

 

 

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1        (expiration date). The utility electric supply price
2        to compare does not include the purchased electricity
3        adjustment factor. For more information go to the
4        Illinois Commerce Commission's free website at
5        www.pluginillinois.org.".
6        If applicable, the statement shall include the
7    following statement:
8            "The purchased electricity adjustment factor may
9        range between +.5 cents and -.5 cents per kilowatt
10        hour.";
11        (iv) the alternative retail electric supplier has
12    obtained the consumer's express agreement to accept the
13    offer after the disclosure of all material terms and
14    conditions of the offer; and
15        (v) the alternative retail electric supplier has
16    confirmed the request for a change in accordance with one
17    of the following procedures:
18            (A) The new alternative retail electric supplier
19        has obtained the consumer's written or electronically
20        signed authorization in a form that meets the
21        following requirements:
22                (1) An alternative retail electric supplier
23            shall obtain any necessary written or
24            electronically signed authorization from a
25            consumer for a change in electric service by using
26            a letter of agency as specified in this Section.

 

 

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1            Any letter of agency that does not conform with
2            this Section is invalid.
3                (2) The letter of agency shall be a separate
4            document (an easily separable document containing
5            only the authorization language described in
6            subparagraph (5)) whose sole purpose is to
7            authorize an electric service provider change. The
8            letter of agency must be signed and dated by the
9            consumer requesting the electric service provider
10            change.
11                (3) The letter of agency shall not be combined
12            with inducements of any kind on the same document.
13                (4) Notwithstanding subparagraphs (1) and (2),
14            the letter of agency may be combined with checks
15            that contain only the required letter of agency
16            language prescribed in subparagraph (5) and the
17            necessary information to make the check a
18            negotiable instrument. The letter of agency check
19            shall not contain any promotional language or
20            material. The letter of agency check shall contain
21            in easily readable, bold-face type on the face of
22            the check, a notice that the consumer is
23            authorizing an electric service provider change by
24            signing the check. The letter of agency language
25            also shall be placed near the signature line on
26            the back of the check.

 

 

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1                (5) At a minimum, the letter of agency must be
2            printed with a print of sufficient size to be
3            clearly legible, and must contain clear and
4            unambiguous language that confirms:
5                    (i) The consumer's billing name and
6                address;
7                    (ii) The decision to change the electric
8                service provider from the current provider to
9                the prospective provider;
10                    (iii) The terms, conditions, and nature of
11                the service to be provided to the consumer
12                must be clearly and conspicuously disclosed,
13                in writing, and an alternative retail electric
14                supplier must directly establish the rates for
15                the service contracted for by the consumer;
16                and
17                    (iv) That the consumer understand that any
18                alternative retail electric supplier selection
19                the consumer chooses may involve a charge to
20                the consumer for changing the consumer's
21                electric service provider.
22                (6) Letters of agency shall not suggest or
23            require that a consumer take some action in order
24            to retain the consumer's current electric service
25            provider.
26                (7) If any portion of a letter of agency is

 

 

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1            translated into another language, then all
2            portions of the letter of agency must be
3            translated into that language.
4            (B) An appropriately qualified independent third
5        party has obtained, in accordance with the procedures
6        set forth in this subsection (b), the consumer's oral
7        authorization to change electric suppliers that
8        confirms and includes appropriate verification data.
9        The independent third party (i) must not be owned,
10        managed, controlled, or directed by the supplier or
11        the supplier's marketing agent; (ii) must not have any
12        financial incentive to confirm supplier change
13        requests for the supplier or the supplier's marketing
14        agent; and (iii) must operate in a location physically
15        separate from the supplier or the supplier's marketing
16        agent.
17            Automated third-party verification systems and
18        3-way conference calls may be used for verification
19        purposes so long as the other requirements of this
20        subsection (b) are satisfied.
21            A supplier or supplier's sales representative
22        initiating a 3-way conference call or a call through
23        an automated verification system must drop off the
24        call once the 3-way connection has been established.
25            All third-party verification methods shall elicit,
26        at a minimum, the following information: (i) the

 

 

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1        identity of the consumer; (ii) confirmation that the
2        person on the call is the account holder, has been
3        specifically and explicitly authorized by the account
4        holder, or possesses lawful authority to make the
5        supplier change; (iii) confirmation that the person on
6        the call wants to make the supplier change; (iv) the
7        names of the suppliers affected by the change; (v) the
8        service address of the supply to be switched; and (vi)
9        the price of the service to be supplied and the
10        material terms and conditions of the service being
11        offered, including whether any early termination fees
12        apply. Third-party verifiers may not market the
13        supplier's services by providing additional
14        information, including information regarding
15        procedures to block or otherwise freeze an account
16        against further changes.
17            All third-party verifications shall be conducted
18        in the same language that was used in the underlying
19        sales transaction and shall be recorded in their
20        entirety. Submitting suppliers shall maintain and
21        preserve audio records of verification of subscriber
22        authorization for a minimum period of 2 years after
23        obtaining the verification. Automated systems must
24        provide consumers with an option to speak with a live
25        person at any time during the call. Each disclosure
26        made during the third-party verification must be made

 

 

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1        individually to obtain clear acknowledgment of each
2        disclosure. The alternative retail electric supplier
3        must be in a location where he or she cannot hear the
4        customer while the third-party verification is
5        conducted. The alternative retail electric supplier
6        shall not contact the customer after the third-party
7        verification for a period of 24 hours unless the
8        customer initiates the contact.
9            (C) When a consumer initiates the call to the
10        prospective alternative retail electric supplier, in
11        order to enroll the consumer as a customer, the
12        prospective alternative retail electric supplier must,
13        with the consent of the customer, make a date-stamped,
14        time-stamped audio recording that elicits, at a
15        minimum, the following information:
16                (1) the identity of the customer;
17                (2) confirmation that the person on the call
18            is authorized to make the supplier change;
19                (3) confirmation that the person on the call
20            wants to make the supplier change;
21                (4) the names of the suppliers affected by the
22            change;
23                (5) the service address of the supply to be
24            switched; and
25                (6) the price of the service to be supplied
26            and the material terms and conditions of the

 

 

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1            service being offered, including whether any early
2            termination fees apply.
3            Submitting suppliers shall maintain and preserve
4        the audio records containing the information set forth
5        above for a minimum period of 2 years.
6    (b)(1) An alternative retail electric supplier shall not
7utilize the name of a public utility in any manner that is
8deceptive or misleading, including, but not limited to,
9implying or otherwise leading a consumer to believe that an
10alternative retail electric supplier is soliciting on behalf
11of or is an agent of a utility. An alternative retail electric
12supplier shall not utilize the name, or any other identifying
13insignia, graphics, or wording that has been used at any time
14to represent a public utility company or its services, to
15identify, label, or define any of its electric power and
16energy service offers. An alternative retail electric supplier
17may state the name of a public electric utility in order to
18accurately describe the electric utility service territories
19in which the supplier is currently offering an electric power
20and energy service. An alternative retail electric supplier
21that is the affiliate of an Illinois public utility and that
22was doing business in Illinois providing alternative retail
23electric service on January 1, 2016 may continue to use that
24public utility's name, logo, identifying insignia, graphics,
25or wording in its business operations occurring outside the
26service territory of the public utility with which it is

 

 

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1affiliated.
2    (2) An alternative retail electric supplier shall not
3state or otherwise imply that the alternative retail electric
4supplier is employed by, representing, endorsed by, or acting
5on behalf of a utility or utility program, a consumer group or
6consumer group program, or a governmental body, unless the
7alternative retail electric supplier has entered into a
8contractual arrangement with the governmental body and has
9been authorized by the governmental body to make the
10statements.
11    (c) An alternative retail electric supplier shall not
12submit or execute a change in a consumer's selection of a
13provider of electric service unless the alternative retail
14electric supplier complies with the following requirements of
15this subsection (c). It is a violation of this Section for an
16alternative retail electric supplier to fail to comply with
17this subsection (c). The requirements of this subsection (c)
18shall only apply to residential and small commercial retail
19customers. For purposes of this subsection (c) only, "small
20commercial retail customer" has the meaning given to that term
21in Section 16-102 of the Public Utilities Act.
22        (1) During a solicitation an alternative retail
23    electric supplier shall state that he or represents an
24    independent seller of electric power and energy service
25    certified by the Illinois Commerce Commission and that he
26    or she is not employed by, representing, endorsed by, or

 

 

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1    acting on behalf of, a utility, or a utility program, a
2    consumer group or consumer group program, or a
3    governmental body, unless the alternative retail electric
4    supplier has entered into a contractual arrangement with
5    the governmental body and has been authorized with the
6    governmental body to make the statements.
7        (2) Alternative retail electric suppliers who engage
8    in in-person solicitation for the purpose of selling
9    electric power and energy service offered by the
10    alternative retail electric supplier shall display
11    identification on an outer garment. This identification
12    shall be visible at all times and prominently display the
13    following: (i) the alternative retail electric supplier
14    agent's full name in reasonable size font; (ii) an agent
15    identification number; (iii) a photograph of the
16    alternative retail electric supplier agent; and (iv) the
17    trade name and logo of the alternative retail electric
18    supplier the agent is representing. If the agent is
19    selling electric power and energy services from multiple
20    alternative retail electric suppliers to the consumer, the
21    identification shall display the trade name and logo of
22    the agent, broker, or consultant entity as that entity is
23    defined in Section 16-115C of the Public Utilities Act. An
24    alternative retail electric supplier shall leave the
25    premises at the consumer's, owner's, or occupant's
26    request. A copy of the Uniform Disclosure Statement

 

 

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1    described in 83 Ill. Adm. Code 412.115 and 412.Appendix A
2    is to be left with the consumer, at the conclusion of the
3    visit unless the consumer refuses to accept a copy. An
4    alternative retail electric supplier may provide the
5    Uniform Disclosure Statement electronically instead of in
6    paper form to a consumer upon that customer's request. The
7    alternative retail electric supplier shall also offer to
8    the consumer, at the time of the initiation of the
9    solicitation, a business card or other material that lists
10    the agent's name, identification number and title, and the
11    alternative retail electric supplier's name and contact
12    information, including phone number. The alternative
13    retail electric supplier shall not conduct any in-person
14    solicitations of consumers at any building or premises
15    where any sign, notice, or declaration of any description
16    whatsoever is posted that prohibits sales, marketing, or
17    solicitations. The alternative retail electric supplier
18    shall obtain consent to enter multi-unit residential
19    dwellings. Consent obtained to enter a multi-unit dwelling
20    from one prospective customer or occupant of the dwelling
21    shall not constitute consent to market to any other
22    prospective consumers without separate consent.
23        (3) An alternative retail electric supplier who
24    contacts consumers by telephone for the purpose of selling
25    electric power and energy service shall provide the
26    agent's name and identification number. Any telemarketing

 

 

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1    solicitations that lead to a telephone enrollment of a
2    consumer must be recorded and retained for a minimum of 2
3    years. All telemarketing calls of consumers that do not
4    lead to a telephone enrollment, but last at least 2
5    minutes, shall be recorded and retained for a minimum of 6
6    months.
7        (4) During an inbound enrollment call, an alternative
8    retail electric supplier shall state that he or she
9    represents an independent seller of electric power and
10    energy service certified by the Illinois Commerce
11    Commission. All inbound enrollment calls that lead to an
12    enrollment shall be recorded, and the recordings shall be
13    retained for a minimum of 2 years. An inbound enrollment
14    call that does not lead to an enrollment, but lasts at
15    least 2 minutes, shall be retained for a minimum of 6
16    months. The alternative retail electric supplier shall
17    send the Uniform Disclosure Statement and contract to the
18    customer within 3 business days after the electric
19    utility's confirmation to the alternative retail electric
20    supplier of an accepted enrollment.
21        (5) If a direct mail solicitation to a consumer
22    includes a written letter of agency, it shall include the
23    Uniform Disclosure Statement described in 83 Ill. Adm.
24    Code 412.115 and 412.Appendix A. The Uniform Disclosure
25    Statement shall be provided on a separate page from the
26    other marketing materials included in the direct mail

 

 

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1    solicitation. If a written letter of agency is being used
2    to authorize a consumer's enrollment, the written letter
3    of agency shall comply with this Section. A copy of the
4    contract must be sent to the consumer within 3 business
5    days after the electric utility's confirmation to the
6    alternative retail electric supplier of an accepted
7    enrollment.
8        (6) Online Solicitation.
9            (A) Each alternative retail electric supplier
10        offering electric power and energy service to
11        consumers online shall clearly and conspicuously make
12        all disclosures for any services offered through
13        online enrollment before requiring the consumer to
14        enter any personal information other than zip code,
15        electric utility service territory, or type of service
16        sought.
17            (B) Notwithstanding any requirements in this
18        Section to the contrary, an alternative retail
19        electric supplier may secure consent from the consumer
20        to obtain customer-specific billing and usage
21        information for the sole purpose of determining and
22        pricing a product through a letter of agency or method
23        approved through an Illinois Commerce Commission
24        docket before making all disclosure for services
25        offered through online enrollment. It is a violation
26        of this Act for an alternative retail electric

 

 

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1        supplier to use a consumer's utility account number to
2        execute or change a consumer's enrollment unless the
3        consumer expressly consents to that enrollment as
4        required by law.
5            (C) The enrollment website of the alternative
6        retail electric supplier shall, at a minimum, include:
7        (i) disclosure of all material terms and conditions of
8        the offer; (ii) a statement that electronic acceptance
9        of the terms and conditions is an agreement to
10        initiate service and begin enrollment; (iii) a
11        statement that the consumer shall review the contract
12        or contact the current supplier to learn if any early
13        termination fees are applicable; and (iv) an email
14        address and toll-free phone number of the alternative
15        retail electric supplier where the customer can
16        express a decision to rescind the contract.
17        (7)(A) Beginning January 1, 2020, an alternative
18    retail electric supplier shall not sell or offer to sell
19    any products or services to a consumer pursuant to a
20    contract in which the contract automatically renews,
21    unless an alternative retail electric supplier provides to
22    the consumer at the outset of the offer, in addition to
23    other disclosures required by law, a separate written
24    statement titled "Automatic Contract Renewal" that clearly
25    and conspicuously discloses in bold lettering in at least
26    12-point font the terms and conditions of the automatic

 

 

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

 

 

SB1879 Enrolled- 31 -LRB103 25115 AMQ 51452 b

1            the email, if the customer has agreed to receive
2            official documents by email, that states "Contract
3            Renewal Notice";
4                (ii) a statement in bold lettering, in at
5            least 12-point font, that the contract will
6            automatically renew unless the customer cancels
7            it;
8                (iii) the billing cycle in which service under
9            the current term will expire;
10                (iv) the billing cycle in which service under
11            the new term will begin;
12                (v) the process and options available to the
13            consumer to reject the new contract terms;
14                (vi) the cancellation process if the
15            consumer's contract automatically renews before
16            the consumer rejects the new contract terms;
17                (vii) the terms and conditions of the new
18            contract term;
19                (viii) for a fixed rate contract, a
20            side-by-side comparison of the current price and
21            the new price; for a variable rate contract or
22            time-of-use product in which the first month's
23            renewal price can be determined, a side-by-side
24            comparison of the current price and the price for
25            the first month of the new variable or time-of-use
26            price; or for a variable or time-of-use contract

 

 

SB1879 Enrolled- 32 -LRB103 25115 AMQ 51452 b

1            based on a publicly available index, a
2            side-by-side comparison of the current formula and
3            the new formula; and
4                (ix) the phone number and Internet address to
5            submit a consumer inquiry or complaint to the
6            Illinois Commerce Commission and the Office of the
7            Attorney General.
8            (C) An alternative retail electric supplier shall
9        not automatically renew a consumer's enrollment after
10        the current term of the contract expires when the
11        current term of the contract provides that the
12        consumer will be charged a fixed rate and the renewed
13        contract provides that the consumer will be charged a
14        variable rate, unless: (i) the alternative retail
15        electric supplier complies with subparagraphs (A) and
16        (B); and (ii) the customer expressly consents to the
17        contract renewal in writing or by electronic signature
18        at least 30 days, but no more than 60 days, before the
19        contract expires.
20            (D) This paragraph (7) does not apply to customers
21        enrolled in a municipal aggregation program pursuant
22        to Section 1-92 of the Illinois Power Agency Act.
23        (8) All in-person and telephone solicitations shall be
24    conducted in, translated into, and provided in a language
25    in which the consumer subject to the marketing or
26    solicitation is able to understand and communicate. An

 

 

SB1879 Enrolled- 33 -LRB103 25115 AMQ 51452 b

1    alternative retail electric supplier shall terminate a
2    solicitation if the consumer subject to the marketing or
3    communication is unable to understand and communicate in
4    the language in which the marketing or solicitation is
5    being conducted. An alternative retail electric supplier
6    shall comply with Section 2N of this Act.
7        (9) Beginning January 1, 2020, consumers shall have
8    the right to terminate their contract with the alternative
9    retail electric supplier at any time without any
10    termination fees or penalties.
11        (10) An alternative retail electric supplier shall not
12    submit a change to a customer's electric service provider
13    in violation of Section 16-115E of the Public Utilities
14    Act.
15    (d) Complaints may be filed with the Illinois Commerce
16Commission under this Section by a consumer whose electric
17service has been provided by an alternative retail electric
18supplier in a manner not in compliance with this Section or by
19the Illinois Commerce Commission on its own motion when it
20appears to the Commission that an alternative retail electric
21supplier has provided service in a manner not in compliance
22with this Section. If, after notice and hearing, the
23Commission finds that an alternative retail electric supplier
24has violated this Section, the Commission may in its
25discretion do any one or more of the following:
26        (1) Require the violating alternative retail electric

 

 

SB1879 Enrolled- 34 -LRB103 25115 AMQ 51452 b

1    supplier to refund to the consumer charges collected in
2    excess of those that would have been charged by the
3    consumer's authorized electric service provider.
4        (2) Require the violating alternative retail electric
5    supplier to pay to the consumer's authorized electric
6    service provider the amount the authorized electric
7    service provider would have collected for the electric
8    service. The Commission is authorized to reduce this
9    payment by any amount already paid by the violating
10    alternative retail electric supplier to the consumer's
11    authorized provider for electric service.
12        (3) Require the violating alternative retail electric
13    supplier to pay a fine of up to $10,000 into the Public
14    Utility Fund for each violation of this Section.
15        (4) Issue a cease and desist order.
16        (5) For a pattern of violation of this Section or for
17    violations that continue after a cease and desist order,
18    revoke the violating alternative retail electric
19    supplier's certificate of service authority.
20    (d-5)(1) Before an alternative retail electric supplier
21may warrant that it has a residential customer or small
22commercial retail customer's express consent agreement to
23access interval data as described in subsection (b) of Section
2416-122 of the Public Utilities Act, the alternative retail
25electric supplier shall: (i) disclose to the consumer at the
26outset of the offer that the alternative retail electric

 

 

SB1879 Enrolled- 35 -LRB103 25115 AMQ 51452 b

1supplier will access the consumer's interval data from the
2consumer's utility with the consumer's express agreement, and
3the consumer's option to refuse to provide express agreement
4to access the consumer's interval data; and (ii) obtain the
5consumer's express agreement for the alternative retail
6electric supplier to access the consumer's interval data from
7the consumer's utility in a separate letter of agency, a
8distinct response to a third-party verification, or during a
9recorded enrollment initiated by the consumer with the
10consumer's consent. The disclosure by the alternative retail
11electric supplier to the consumer in this Section shall be
12conducted in, translated into, and provided in a language in
13which the consumer subject to the disclosure is able to
14understand and communicate.
15    (2) Before an alternative retail electric supplier may
16warrant to an electric utility that it has an express
17agreement from a residential customer or small commercial
18retail customer who was enrolled with the alternative retail
19electric supplier prior to the effective date of this
20amendatory Act of the 103rd General Assembly to access the
21consumer's interval data as described in subsection (b)of
22Section 16-122 of the Public Utilities Act, an alternative
23retail electric supplier shall: (i) disclose to the consumer
24that the alternative retail electric supplier will access the
25consumer's interval data from the consumer's utility with the
26consumer's express agreement, which is a material change to

 

 

SB1879 Enrolled- 36 -LRB103 25115 AMQ 51452 b

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

 

 

SB1879 Enrolled- 37 -LRB103 25115 AMQ 51452 b

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