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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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