SB1366 Enrolled LRB095 10890 MJR 31171 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by adding
5 Section 16-115C as follows:
 
6     (220 ILCS 5/16-115C new)
7     Sec. 16-115C. Licensure of agents, brokers, and
8 consultants engaged in the procurement or sale of retail
9 electricity supply for third parties.
10     (a) The purpose of this Section is to adopt licensing and
11 code of conduct rules in a competitive retail electricity
12 market to protect Illinois consumers from unfair or deceptive
13 acts or practices and to provide persons acting as agents,
14 brokers, and consultants engaged in the procurement or sale of
15 retail electricity supply for third parties with notice of the
16 illegality of those acts or practices.
17     (b) For purposes of this Section, "agents, brokers, and
18 consultants engaged in the procurement or sale of retail
19 electricity supply for third parties" means any person or
20 entity that attempts to procure on behalf of or sell retail
21 electric service to an electric customer in the State. "Agents,
22 brokers, and consultants engaged in the procurement or sale of
23 retail electricity supply for third parties" does not include

 

 

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1 any entity licensed as an alternative retail electric supplier
2 pursuant to 83 Ill. Adm. Code 451 offering retail electric
3 service on its own behalf, any person acting exclusively on
4 behalf of a single alternative retail electric supplier on
5 condition that exclusivity is disclosed to any third party
6 contracted in such agent capacity, any person or entity
7 representing a municipal power agency, as defined in Section
8 11-119.1-3 of the Illinois Municipal Code, or any person or
9 entity that is attempting to procure on behalf of or sell
10 retail electric service to a third party that has aggregate
11 billing demand of all of its affiliated electric service
12 accounts in Illinois of greater than 1,500 kW.
13     (c) No person or entity shall act as an agent, broker, or
14 consultant engaged in the procurement or sale of retail
15 electricity supply for third parties unless that person or
16 entity is licensed by the Commission under this Section or is
17 offering services on their own behalf under 83 Ill. Adm. Code
18 451.
19     (d) The Commission shall create requirements for licensure
20 as an agent, broker, or consultant engaged in the procurement
21 or sale of retail electricity supply for third parties, which
22 shall include all of the following criteria:
23         (1) Technical competence.
24         (2) Managerial competence.
25         (3) Financial responsibility, including the posting of
26     an appropriate performance bond.

 

 

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1         (4) Annual reporting requirements.
2     (e) Any person or entity required to be licensed under this
3 Section must:
4         (1) disclose in plain language in writing to all
5     persons it solicits the total anticipated remuneration to
6     be paid to it by any third party over the period of the
7     proposed underlying customer contract;
8         (2) not hold itself out as independent or unaffiliated
9     with any supplier, or both, or use words reasonably
10     calculated to give that impression, unless the person
11     offering service under this Section has no contractual
12     relationship with any retail electricity supplier or its
13     affiliates regarding retail electric service in Illinois;
14         (3) not utilize false, misleading, materially
15     inaccurate, defamatory, or otherwise deceptive language or
16     materials in the soliciting or providing of its services;
17         (4) maintain copies of all marketing materials
18     disseminated to third parties for a period of not less than
19     3 years;
20         (5) not present electricity pricing information in a
21     manner that favors one supplier over another, unless a
22     valid pricing comparison is made utilizing all relevant
23     costs and terms; and
24         (6) comply with the requirements of Sections 2EE, 2FF,
25     2GG, and 2HH of the Consumer Fraud and Deceptive Business
26     Practices Act.

 

 

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1     (f) Any person or entity licensed under this Section shall
2 file with the Commission all of the following information no
3 later than March of each year:
4         (1) A verified report detailing any and all contractual
5     relationships that it has with certified electricity
6     suppliers in the State regarding retail electric service in
7     Illinois.
8         (2) A verified report detailing the distribution of its
9     customers with the various certified electricity suppliers
10     in Illinois during the prior calendar year. A report under
11     this Section shall not be required to contain
12     customer-identifying information.
13         (3) A copy of its verified financial statement.
14         (4) A verified statement of any changes to the original
15     licensure qualifications and notice of continuing
16     compliance with all requirements.
17     (g) The Commission shall have jurisdiction over
18 disciplinary proceedings and complaints for violations of this
19 Section. The findings of a violation of this Section by the
20 Commission shall result in a progressive disciplinary scale.
21 For a first violation, the Commission shall suspend the license
22 of the person so disciplined for a period of no less than one
23 month. For a second violation within a 5-year period, the
24 Commission shall suspend the license for the person so
25 disciplined for a period of not less than 6 months. For a third
26 or subsequent violation within a 5-year period, the Commission

 

 

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1 shall suspend the license of the disciplined person for a
2 period of not less than 2 years.
3     (h) This Section shall not apply to a retail customer that
4 operates or manages either directly or indirectly any
5 facilities, equipment, or property used or contemplated to be
6 used to distribute electric power or energy if that retail
7 customer is a political subdivision or public institution of
8 higher education of this State, or any corporation, company,
9 limited liability company, association, joint-stock company or
10 association, firm, partnership, or individual, or their
11 lessees, trusts, or receivers appointed by any court whatsoever
12 that are owned or controlled by the political subdivision,
13 public institution of higher education, or operated by any of
14 its lessees or operating agents.
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.