Full Text of SB1396 97th General Assembly
SB1396sam001 97TH GENERAL ASSEMBLY | Sen. Mike Jacobs Filed: 3/2/2011
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| 1 | | AMENDMENT TO SENATE BILL 1396
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1396 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Section 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
| 9 | | create a new electricity market with new marketers and sellers
| 10 | | offering new goods and services, many of which the average
| 11 | | consumer will not be able to readily evaluate. It is the
intent | 12 | | of the General Assembly that (i) electricity consumers
be | 13 | | provided with sufficient and reliable information so that
they | 14 | | are able to compare and make informed selections of
products | 15 | | and services provided in the electricity market; and
(ii) | 16 | | mechanisms be provided to enable consumers to protect
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| 1 | | themselves from marketing practices that are unfair or
abusive.
| 2 | | (b) The Commission shall implement and maintain a
consumer | 3 | | education information program to help provide residential and | 4 | | small
commercial retail customers with information to help them
| 5 | | understand their service options in a competitive electric
| 6 | | services market, and their rights and responsibilities.
| 7 | | (c) Not more than 90 days after the effective date of this | 8 | | amendatory Act of the 97th General Assembly, the Commission | 9 | | shall direct the Office of Retail Market Development to review | 10 | | the existing consumer education information for residential | 11 | | and small commercial customers and consider whether updates are | 12 | | necessary. The Office of Retail Market Development shall seek | 13 | | input from interested persons, including alternative retail | 14 | | electric suppliers, electric utilities, the Attorney General, | 15 | | and the Citizens Utility Board, to further its review of the | 16 | | consumer education materials and possible proposed changes. | 17 | | Within 4 months after the start of the review, the Office of | 18 | | Retail Market Development shall submit recommendations to the | 19 | | Commission for approval. The Commission shall form a working | 20 | | group following
the enactment of this amendatory Act of 1997. | 21 | | This group shall
consist of 5 representatives of the | 22 | | investor-owned electric
utilities in this State, 2 of which | 23 | | shall be appointed by
electric utilities serving over 1,000,000 | 24 | | retail customers
in this State; 2 representatives of | 25 | | alternative retail
electric suppliers; 3 representatives of | 26 | | organizations
representing the interests of residential and |
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| 1 | | small commercial
retail customers; and the Commission.
| 2 | | (d) (Blank). By March 1, 1999, with respect to educational | 3 | | materials for
small commercial customers and by November 1, | 4 | | 2001 with respect to educational
materials for residential | 5 | | customers, the working group appointed pursuant
to this Section | 6 | | shall develop a package of printed educational
materials which | 7 | | meet the requirements of subsection (e) and
shall submit such | 8 | | package to the Commission for approval,
along with | 9 | | recommendations for implementing this consumer
education | 10 | | program. Such materials shall consider the needs of
different | 11 | | types of consumers in this State, such as elderly,
low-income, | 12 | | multilingual, minority, rural and disabled
customers. The | 13 | | working group shall issue recommendations to
the Commission on | 14 | | how such education program can be
implemented through a variety | 15 | | of communication methods,
including specifically mass media, | 16 | | distribution of printed
material, public service | 17 | | announcements, and posting on the
Internet.
| 18 | | (e) At a minimum, the materials constituting the
consumer | 19 | | education information program submitted to the Commission by | 20 | | the Office of Retail Market Development
working group shall | 21 | | include concise explanations or
descriptions of the following:
| 22 | | (1) the structure of the electric utility industry
| 23 | | following this amendatory Act of 1997 and a glossary of
| 24 | | basic terms;
| 25 | | (2) the choices available to consumers to take
electric | 26 | | service from an alternative retail electric
supplier or |
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| 1 | | remain as a retail customer of an electric
utility;
| 2 | | (3) a customer's rights, risks and responsibilities
in | 3 | | receiving service from an alternative retail electric
| 4 | | supplier or remaining as a retail customer of an electric
| 5 | | utility;
| 6 | | (4) the legal obligations of alternative retail
| 7 | | electric suppliers;
| 8 | | (5) those services that may be offered on a
competitive | 9 | | basis in a deregulated electric services
market, including | 10 | | services that could be packaged with
the delivery of | 11 | | electric power and energy;
| 12 | | (6) services that an electric utility is required to
| 13 | | provide pursuant to tariffed rates;
| 14 | | (7) the components of a bill that could be received
by | 15 | | a customer taking delivery services;
| 16 | | (8) the complaint procedures set forth in Section
| 17 | | 10-108 of this Act by which consumers may seek a redress
of | 18 | | grievances against an electric utility or an
alternative | 19 | | retail electric supplier and a list of phone
numbers of the | 20 | | Commission, the Attorney General or other
entities that can | 21 | | provide information and assistance to
customers; and
| 22 | | (9) additional information available from the
| 23 | | Commission upon request.
| 24 | | (f) Within 45 days following the submission required of
the | 25 | | Office of Retail Market Development working group by subsection | 26 | | (c) (d) of this Section, the
Commission shall approve or |
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| 1 | | disapprove the consumer education information educational
| 2 | | materials and recommendations for program implementation . The
| 3 | | Commission shall be deemed to have approved the educational
| 4 | | program materials and recommendations unless the Commission
| 5 | | disapproves of any such material or recommendation within 45
| 6 | | days following the date of receipt.
| 7 | | (g) Once approved by the Commission, materials
comprising | 8 | | the consumer education information program contemplated by | 9 | | this
Section shall be provided distributed as follows:
| 10 | | (1) If the electric utility bills residential or small | 11 | | commercial retail customers directly, then the bill shall | 12 | | include the Commission's electric education internet | 13 | | address in the space reserved for alternative retail | 14 | | electric supplier messages. Electric utilities shall mail | 15 | | printed
educational materials specified by the working | 16 | | group and
approved by the Commission (a) to all residential | 17 | | and
small commercial retail customers within a reasonable
| 18 | | period prior to the date that such customers become
| 19 | | eligible to purchase power from alternative retail
| 20 | | electric suppliers, such "reasonable period" to be
| 21 | | determined by the Commission; and (b) once the applicable
| 22 | | customer class becomes eligible to receive delivery
| 23 | | services, to all new residential and small commercial
| 24 | | retail customers at the time that such customers begin
| 25 | | taking services from the electric utility.
| 26 | | (2) Alternative retail electric suppliers shall |
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| 1 | | provide the Commission's electric education internet | 2 | | address
include such materials with all initial mailings to
| 3 | | all potential residential and small commercial retail
| 4 | | customers but in all circumstances prior to the time by
| 5 | | which an alternative retail electric supplier executes
any | 6 | | agreements or contracts with such customers for the
supply | 7 | | of electric services .
| 8 | | (3) (Blank). Both electric utilities and alternative | 9 | | retail
electric suppliers shall provide such materials at | 10 | | no
charge to residential and small commercial retail
| 11 | | customers upon request.
| 12 | | (4) The Commission shall make the following | 13 | | information available on its web site and printed | 14 | | information from the web site available to the public upon | 15 | | request
and at no charge , and shall make available to the | 16 | | public
on the Internet through the State of Illinois World | 17 | | Wide
Web Site :
| 18 | | (A) all consumer education information developed | 19 | | by the Office of Retail Market Development printed | 20 | | educational materials developed
by the working group | 21 | | and approved by the Commission;
| 22 | | (B) a list of all certified alternative retail
| 23 | | electric suppliers serving residential and small
| 24 | | commercial retail customers within the service
| 25 | | territory of each electric utility;
| 26 | | (C) a list of alternative retail electric
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| 1 | | suppliers serving residential or small commercial
| 2 | | retail customers which have been found in the last
3 | 3 | | years by the Commission pursuant to Section
10-108 to | 4 | | have failed to provide service in
accordance with the | 5 | | terms of their contracts with
such retail customers; | 6 | | and
| 7 | | (D) guidelines to assist customers in
determining | 8 | | which energy supplier is most
appropriate for each | 9 | | customer.
| 10 | | (h) The Commission may also adopt a uniform disclosure
form | 11 | | which alternative retail electric suppliers would be
required | 12 | | to complete enabling consumers to compare prices,
terms and | 13 | | conditions offered by such suppliers.
| 14 | | (i) The Commission shall make available to the public
staff | 15 | | with the ability and knowledge to respond to consumer
| 16 | | inquiries.
| 17 | | (j) (Blank). The costs of printing educational materials | 18 | | approved
by the Commission pursuant to this Section shall be | 19 | | payable
solely from funding as provided in this subsection.
| 20 | | Each year the General Assembly shall appropriate money to
| 21 | | the Commission from the General Revenue Fund for the expenses
| 22 | | of the Commission associated with this Section. The cost of
the | 23 | | consumer education program contemplated by this Section
shall | 24 | | not exceed the amount of such appropriation. In no event
shall | 25 | | any electric utility, alternative retail electric
supplier or | 26 | | customer be liable for the costs of printing
consumer education |
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| 1 | | program material in accordance with this
Section. The | 2 | | obligations associated with this consumer
education program | 3 | | shall not exceed the amounts appropriated
for this program | 4 | | pursuant to this Section.
| 5 | | (k) (Blank). The Commission shall study the effectiveness | 6 | | of the
consumer education program. Such study shall include a | 7 | | notice
and an opportunity for participation and comment by all
| 8 | | interested and potentially affected parties. Such study shall
| 9 | | be completed by January 31st of each year during the mandatory
| 10 | | transition period and a summary thereof, together with any
| 11 | | legislative recommendations, shall be included in the
| 12 | | Commission's Annual Report due in accordance with Section
4-304 | 13 | | of this Act.
| 14 | | (Source: P.A. 90-561, eff. 12-16-97.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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