Illinois General Assembly - Bill Status for HB5467

Replaces everything after the enacting clause. Amends the Public Utilities Act. Provides that specified provisions shall apply only to alternative gas suppliers serving (rather than serving or seeking to serve) residential or small commercial customers and only to the extent such alternative gas suppliers provide services to residential or small commercial customers. Deletes a provision providing that an alternative gas supplier may request, and the Illinois Commerce Commission may grant, a certificate of service authority for the entire State or for a specified geographic area of the State. Provides that the Commission shall not grant any application for a certificate of service authority, nor shall the Commission approve any application, petition or other request, authorizing the sale of natural gas to residential or small commercial customers by an entity other than a gas utility. Provides that an alternative gas supplier shall not solicit, enter into, or extend any contracts with residential or small commercial customers on or after the effective date of the amendatory Act. Deletes certain provisions concerning the application process for a certificate of service authority. Deletes a provision specifying that the Commission shall have the authority to promulgate rules to carry out specified provisions. Provides that an alternative gas supplier shall have in its possession an authorization obtained prior to the switch that verifies a customer's decision to switch to another supplier (rather than obtain verifiable authorization from a customer, in a form or manner approved by the Commission, before the customer is switched from another supplier). Provides that no alternative gas supplier shall, (1) beginning on the effective date of the amendatory Act, extend, solicit, or enter into any contracts with residential or small commercial customers, or (2) collect or impose an early termination fee. Changes language in provisions concerning the continuing obligations of an alternative gas supplier. Provides that all contracts that existed prior to the effective date of the amendatory Act between an alternative gas supplier and a residential or small commercial customer shall automatically terminate on January 1, 2010. Deletes a provision that provides that an alternative gas supplier may limit the overall size or availability of a service offering by specifying certain information. Provides that each violation of specified provisions is a separate and distinct offense for each residential or small commercial customer that an alternative gas supplier supplies with gas, and that in the case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense for each customer. Provides that in construing and enforcing the provisions of the Act relating to penalties, the act, omission, or failure of any officer, agent, or employee of an alternative gas supplier that is acting within the scope of his official duties or employment, shall in every case be deemed to be the act, omission, or failure of the alternative gas supplier. Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion. Contains a severability clause. Effective immediately.

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