Full Text of HB3116 102nd General Assembly
HB3116eng 102ND GENERAL ASSEMBLY |
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| 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 changing | 5 | | Sections 16-115A, 19-115, and 19-130 as follows:
| 6 | | (220 ILCS 5/16-115A)
| 7 | | Sec. 16-115A. Obligations of alternative retail electric
| 8 | | suppliers. | 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 May 31 | 19 | | thereafter, shall submit to the Commission and the Office | 20 | | of the Attorney General the rates the retail electric | 21 | | supplier charged to residential customers in the prior | 22 | | year, including each distinct rate charged and whether the | 23 | | rate was a fixed or variable rate, the basis for the |
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| 1 | | variable rate, and any fees charged in addition to the | 2 | | supply rate, including monthly fees, flat fees, or other | 3 | | service 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 | 11 | | verifiable
authorization from a customer, in a form or manner | 12 | | approved by the Commission
consistent with Section 2EE of the | 13 | | Consumer Fraud and Deceptive Business
Practices Act, before | 14 | | the customer is switched from another supplier.
| 15 | | (c) No alternative retail electric supplier, or electric
| 16 | | utility other than the electric utility in whose service area
| 17 | | a customer is located, shall (i) enter into or employ any
| 18 | | arrangements which have the effect of preventing a retail
| 19 | | customer with a maximum electrical demand of less than one
| 20 | | megawatt from having access to the services of the electric
| 21 | | utility in whose service area the customer is located or (ii)
| 22 | | charge retail customers for such access. This subsection shall | 23 | | not be
construed to prevent an arms-length agreement between a
| 24 | | supplier and a retail customer that sets a term of service, | 25 | | notice
period for terminating service and provisions governing | 26 | | early
termination through a tariff or contract as allowed by |
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| 1 | | Section 16-119.
| 2 | | (d) An alternative retail electric supplier that is
| 3 | | certified to serve residential or small commercial retail
| 4 | | customers 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 | | (e) An alternative retail electric supplier shall comply
| 16 | | with the following requirements with respect to the marketing,
| 17 | | offering and provision of products or services to residential
| 18 | | and small commercial retail customers:
| 19 | | (i) All marketing materials, including, but not | 20 | | limited to, electronic marketing materials, in-person | 21 | | solicitations, and telephone solicitations, shall contain | 22 | | information that adequately
discloses the prices, terms, | 23 | | and conditions of the
products or services that the | 24 | | alternative retail
electric supplier is offering or | 25 | | selling to the
customer and shall disclose the current | 26 | | utility electric supply price to compare applicable at the |
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| 1 | | time the alternative retail electric supplier is offering | 2 | | or selling the products or services to the customer and | 3 | | shall disclose the date on which the utility electric | 4 | | supply price to compare became effective and the date on | 5 | | which it will expire. The utility electric supply price to | 6 | | compare shall be the sum of the electric supply charge and | 7 | | the transmission services charge and shall not include the | 8 | | purchased electricity adjustment. The disclosure shall | 9 | | include a statement that the price to compare does not | 10 | | include the purchased electricity adjustment, and, if | 11 | | applicable, the range of the purchased electricity | 12 | | adjustment. All marketing materials, including, but not | 13 | | limited to, electronic marketing materials, in-person | 14 | | solicitations, and telephone solicitations, shall include | 15 | | the following statement:
| 16 | | "(Name of the alternative retail electric | 17 | | supplier) is not the same entity as your electric | 18 | | delivery company. You are not required to enroll with | 19 | | (name of alternative retail electric supplier). | 20 | | Beginning on (effective date), the electric supply | 21 | | price to compare is (price in cents per kilowatt | 22 | | hour). The electric utility electric supply price will | 23 | | expire on (expiration date). The utility electric | 24 | | supply price to compare does not include the purchased | 25 | | electricity adjustment factor. For more information go | 26 | | to the Illinois Commerce Commission's free website at |
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| 1 | | www.pluginillinois.org.". | 2 | | If applicable, the statement shall also include the | 3 | | following statement: | 4 | | "The purchased electricity adjustment factor may | 5 | | range between +.5 cents and -.5 cents per kilowatt | 6 | | hour.". | 7 | | This paragraph (i) does not apply to goodwill or | 8 | | institutional advertising.
| 9 | | (ii) Before any customer is switched from
another | 10 | | supplier, the alternative retail electric
supplier shall | 11 | | give the customer written information
that adequately | 12 | | discloses, in plain language, the
prices, terms and | 13 | | conditions of the products and
services being offered and | 14 | | sold to the customer. This written information shall be | 15 | | provided in a language in which the customer subject to | 16 | | the marketing or solicitation is able to understand and | 17 | | communicate, and the alternative retail electric supplier | 18 | | shall not switch a customer who is unable to understand | 19 | | and communicate in a language in which the marketing or | 20 | | solicitation was conducted. The alternative retail | 21 | | electric supplier shall comply with Section 2N of the | 22 | | Consumer Fraud and Deceptive Business Practices Act.
| 23 | | (iii) An alternative retail electric supplier
shall | 24 | | provide documentation to the Commission and to
customers | 25 | | that substantiates any claims made by the
alternative | 26 | | retail electric supplier regarding the
technologies and |
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| 1 | | fuel types used to generate the
electricity offered or | 2 | | sold to customers.
| 3 | | (iv) The alternative retail electric supplier
shall | 4 | | provide to the customer (1) itemized billing
statements | 5 | | that describe the products and services
provided to the | 6 | | customer and their prices, and (2)
an additional | 7 | | statement, at least annually, that
adequately discloses | 8 | | the average monthly prices, and
the terms and conditions, | 9 | | of the products and
services sold to the customer. | 10 | | (v) All in-person and telephone solicitations shall be | 11 | | conducted in, translated into, and provided in a language | 12 | | in which the consumer subject to the marketing or | 13 | | solicitation is able to understand and communicate. An | 14 | | alternative retail electric supplier shall terminate a | 15 | | solicitation if the consumer subject to the marketing or | 16 | | communication is unable to understand and communicate in | 17 | | the language in which the marketing or solicitation is | 18 | | being conducted. An alternative retail electric supplier | 19 | | shall comply with Section 2N of the Consumer Fraud and | 20 | | Deceptive Business Practices Act. | 21 | | (vi) Each alternative retail electric supplier shall | 22 | | conduct training for individual representatives engaged in | 23 | | in-person solicitation and telemarketing to residential | 24 | | customers on behalf of that alternative retail electric | 25 | | supplier prior to conducting any such solicitations on the | 26 | | alternative retail electric supplier's behalf. Each |
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| 1 | | alternative retail electric supplier shall submit a copy | 2 | | of its training material to the Commission on an annual | 3 | | basis and the Commission shall have the right to review | 4 | | and require updates to the material. After initial | 5 | | training, each alternative retail electric supplier shall | 6 | | be required to conduct refresher training for its | 7 | | individual representatives every 6 months.
| 8 | | (f) An alternative retail electric supplier may limit
the | 9 | | overall size or availability of a service offering by
| 10 | | specifying one or more of the following: a maximum number of
| 11 | | customers, maximum amount of electric load to be served, time
| 12 | | period during which the offering will be available, or other
| 13 | | comparable limitation, but not including the geographic
| 14 | | locations of customers within the area which the alternative
| 15 | | retail electric supplier is certificated to serve. The
| 16 | | alternative retail electric supplier shall file the terms and
| 17 | | conditions of such service offering including the applicable
| 18 | | limitations with the Commission prior to making the service
| 19 | | offering available to customers.
| 20 | | (g) Nothing in this Section shall be construed as
| 21 | | preventing an alternative retail electric supplier,
which is | 22 | | an affiliate of, or which contracts with, (i) an
industry or | 23 | | trade organization or association, (ii) a
membership | 24 | | organization or association that exists for a
purpose other | 25 | | than the purchase of electricity, or (iii)
another | 26 | | organization that meets criteria established in a rule
adopted |
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| 1 | | by the Commission, from offering through the
organization or | 2 | | association services at prices, terms and
conditions that are | 3 | | available solely to the members of the
organization or | 4 | | association.
| 5 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 6 | | (220 ILCS 5/19-115)
| 7 | | Sec. 19-115. Obligations of alternative gas suppliers.
| 8 | | (a) The provisions of this Section shall apply only to | 9 | | alternative gas
suppliers
serving or seeking to serve | 10 | | residential or small commercial customers and
only to the | 11 | | extent such
alternative gas suppliers provide services to | 12 | | residential or small
commercial customers.
| 13 | | (b) An alternative gas supplier:
| 14 | | (1) shall comply with the requirements imposed on | 15 | | public utilities by Sections
8-201 through 8-207, 8-301, | 16 | | 8-505 and 8-507 of this Act, to the
extent that these | 17 | | Sections have application to the services being
offered by | 18 | | the alternative gas supplier;
| 19 | | (2) shall continue to comply with the requirements for | 20 | | certification stated
in
Section 19-110;
| 21 | | (3) shall comply with complaint procedures established | 22 | | by the Commission; | 23 | | (4) except as provided in subsection (h) of this | 24 | | Section, shall file with the Chief Clerk of the | 25 | | Commission, within 20 business days after the effective |
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| 1 | | date of this amendatory Act of the 95th General Assembly, | 2 | | a copy of bill formats, standard customer contract and | 3 | | customer complaint and resolution procedures, and the name | 4 | | and telephone number of the company representative whom | 5 | | Commission employees may contact to resolve customer | 6 | | complaints and other matters. In the case of a gas | 7 | | supplier that engages in door-to-door solicitation, the | 8 | | company shall file with the Commission the consumer | 9 | | information disclosure required by item (3) of subsection | 10 | | (c) of Section 2DDD of the Consumer Fraud and Deceptive | 11 | | Business Practices Act and shall file updated information | 12 | | within 10 business days after changes in any of the | 13 | | documents or information required to be filed by this item | 14 | | (4); | 15 | | (5) shall maintain a customer call center where | 16 | | customers can reach a representative and receive current | 17 | | information. At least once every 6 months, each | 18 | | alternative gas supplier shall provide written information | 19 | | to customers explaining how to contact the call center. | 20 | | The average answer time for calls placed to the call | 21 | | center shall not exceed 60 seconds where a representative | 22 | | or automated system is ready to render assistance and/or | 23 | | accept information to process calls. The abandon rate for | 24 | | calls placed to the call center shall not exceed 10%. Each | 25 | | alternative gas supplier shall maintain records of the | 26 | | call center's telephone answer time performance and |
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| 1 | | abandon call rate. These records shall be kept for a | 2 | | minimum of 2 years and shall be made available to | 3 | | Commission personnel upon request. In the event that | 4 | | answer times and/or abandon rates exceed the limits | 5 | | established above, the reporting alternative gas supplier | 6 | | may provide the Commission or its personnel with | 7 | | explanatory details. At a minimum, these records shall | 8 | | contain the following information in monthly increments: | 9 | | (A) total number of calls received; | 10 | | (B) number of calls answered; | 11 | | (C) average answer time; | 12 | | (D) number of abandoned calls; and | 13 | | (E) abandon call rate. | 14 | | Alternative gas suppliers that do not have electronic | 15 | | answering capability that meets these requirements shall | 16 | | notify the Manager of the Commission's Consumer Services | 17 | | Division or its successor within 30 days following the | 18 | | effective date of this amendatory Act of the 95th General | 19 | | Assembly and work with Staff to develop individualized | 20 | | reporting requirements as to the call volume and | 21 | | responsiveness of the call center. | 22 | | On or before March 1 of every year, each entity shall | 23 | | file a report with the Chief Clerk of the Commission for | 24 | | the preceding calendar year on its answer time and abandon | 25 | | call rate for its call center. A copy of the report shall | 26 | | be sent to the Manager of the Consumer Services Division |
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| 1 | | or its successor; | 2 | | (6) by January 1, 2020 and every September 30 January | 3 | | 1 thereafter, shall submit to the Commission and the | 4 | | Office of the Attorney General the rates the alternative | 5 | | gas supplier charged to residential customers in the prior | 6 | | year, including each distinct rate charged and whether the | 7 | | rate was a fixed or variable rate, the basis for the | 8 | | variable rate, and any fees charged in addition to the | 9 | | supply rate, including monthly fees, flat fees, or other | 10 | | service charges; and | 11 | | (7) shall make publicly available on its website, | 12 | | without the need for a customer login, rate information | 13 | | for all of its variable, time-of-use, and fixed rate | 14 | | contracts currently available to residential customers, | 15 | | including but not limited to, fixed monthly charges, early | 16 | | termination fees, and per therm charges. | 17 | | (c) An alternative gas supplier shall not submit or | 18 | | execute a change in a customer's selection of a natural gas | 19 | | provider unless and until (i) the alternative gas supplier | 20 | | first discloses all material terms and conditions of the | 21 | | offer, including price, to the customer; (ii) the alternative | 22 | | gas supplier has obtained the customer's express agreement to | 23 | | accept the offer after the disclosure of all material terms | 24 | | and conditions of the offer; and (iii) the alternative gas | 25 | | supplier has confirmed the request for a change in accordance | 26 | | with one of the following procedures: |
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| 1 | | (1) The alternative gas supplier has obtained the | 2 | | customer's written or electronically signed authorization | 3 | | in a form that meets the following requirements: | 4 | | (A) An alternative gas supplier shall obtain any | 5 | | necessary written or electronically signed | 6 | | authorization from a customer for a change in natural | 7 | | gas service by using a letter of agency as specified in | 8 | | this Section. Any letter of agency that does not | 9 | | conform with this Section is invalid. | 10 | | (B) The letter of agency shall be a separate | 11 | | document (or an easily separable document containing | 12 | | only the authorization language described in item (E) | 13 | | of this paragraph (1)) whose sole purpose is to | 14 | | authorize a natural gas provider change. The letter of | 15 | | agency must be signed and dated by the customer | 16 | | requesting the natural gas provider change. | 17 | | (C) The letter of agency shall not be combined | 18 | | with inducements of any kind on the same document. | 19 | | (D) Notwithstanding items (A) and (B) of this | 20 | | paragraph (1), the letter of agency may be combined | 21 | | with checks that contain only the required letter of | 22 | | agency language prescribed in item (E) of this | 23 | | paragraph (1) and the necessary information to make | 24 | | the check a negotiable instrument. The letter of | 25 | | agency check shall not contain any promotional | 26 | | language or material. The letter of agency check shall |
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| 1 | | contain in easily readable, bold face type on the face | 2 | | of the check a notice that the consumer is authorizing | 3 | | a natural gas provider change by signing the check. | 4 | | The letter of agency language also shall be placed | 5 | | near the signature line on the back of the check. | 6 | | (E) At a minimum, the letter of agency must be | 7 | | printed with a print of sufficient size to be clearly | 8 | | legible and must contain clear and unambiguous | 9 | | language that confirms: | 10 | | (i) the customer's billing name and address; | 11 | | (ii) the decision to change the natural gas | 12 | | provider from the current provider to the | 13 | | prospective alternative gas supplier; | 14 | | (iii) the terms, conditions, and nature of the | 15 | | service to be provided to the customer, including, | 16 | | but not limited to, the rates for the service | 17 | | contracted for by the customer; and | 18 | | (iv) that the customer understands that any | 19 | | natural gas provider selection the customer | 20 | | chooses may involve a charge to the customer for | 21 | | changing the customer's natural gas provider. | 22 | | (F) Letters of agency shall not suggest or require | 23 | | that a customer take some action in order to retain the | 24 | | customer's current natural gas provider. | 25 | | (G) If any portion of a letter of agency is | 26 | | translated into another language, then all portions of |
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| 1 | | the letter of agency must be translated into that | 2 | | language. | 3 | | (2) An appropriately qualified independent third party | 4 | | has obtained, in accordance with the procedures set forth | 5 | | in this paragraph (2), the customer's oral authorization | 6 | | to change natural gas providers that confirms and includes | 7 | | appropriate verification data. The independent third party | 8 | | must (i) not be owned, managed, controlled, or directed by | 9 | | the alternative gas supplier or the alternative gas | 10 | | supplier's marketing agent; (ii) not have any financial | 11 | | incentive to confirm provider change requests for the | 12 | | alternative gas supplier or the alternative gas supplier's | 13 | | marketing agent; and (iii) operate in a location | 14 | | physically separate from the alternative gas supplier or | 15 | | the alternative gas supplier's marketing agent. Automated | 16 | | third-party verification systems and 3-way conference | 17 | | calls may be used for verification purposes so long as the | 18 | | other requirements of this paragraph (2) are satisfied. An | 19 | | alternative gas supplier or alternative gas supplier's | 20 | | sales representative initiating a 3-way conference call or | 21 | | a call through an automated verification system must drop | 22 | | off the call once the 3-way connection has been | 23 | | established. All third-party verification methods shall | 24 | | elicit, at a minimum, the following information: | 25 | | (A) the identity of the customer; | 26 | | (B) confirmation that the person on the call is |
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| 1 | | authorized to make the provider change; | 2 | | (C) confirmation that the person on the call wants | 3 | | to make the provider change; | 4 | | (D) the names of the providers affected by the | 5 | | change; | 6 | | (E) the service address of the service to be | 7 | | switched; and | 8 | | (F) the price of the service to be provided and the | 9 | | material terms and conditions of the service being | 10 | | offered, including whether any early termination fees | 11 | | apply. | 12 | | Third-party verifiers may not market the alternative | 13 | | gas supplier's services by providing additional | 14 | | information. All third-party verifications shall be | 15 | | conducted in the same language that was used in the | 16 | | underlying sales transaction and shall be recorded in | 17 | | their entirety. Submitting alternative gas suppliers shall | 18 | | maintain and preserve audio records of verification of | 19 | | customer authorization for a minimum period of 2 years | 20 | | after obtaining the verification. Automated systems must | 21 | | provide customers with an option to speak with a live | 22 | | person at any time during the call. | 23 | | (3) The alternative gas supplier has obtained the | 24 | | customer's authorization via an automated verification | 25 | | system to change natural gas service via telephone. An | 26 | | automated verification system is an electronic system |
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| 1 | | that, through pre-recorded prompts, elicits voice | 2 | | responses, touchtone responses, or both, from the customer | 3 | | and records both the prompts and the customer's responses. | 4 | | Such authorization must elicit the information in | 5 | | paragraph (2)(A) through (F) of this subsection (c). | 6 | | Alternative gas suppliers electing to confirm sales | 7 | | electronically through an automated verification system | 8 | | shall establish one or more toll-free telephone numbers | 9 | | exclusively for that purpose. Calls to the number or | 10 | | numbers shall connect a customer to a voice response unit, | 11 | | or similar mechanism, that makes a date-stamped, | 12 | | time-stamped recording of the required information | 13 | | regarding the alternative gas supplier change. | 14 | | The alternative gas supplier shall not use such | 15 | | electronic authorization systems to market its services. | 16 | | (4) When a consumer initiates the call to the | 17 | | prospective alternative gas supplier, in order to enroll | 18 | | the consumer as a customer, the prospective alternative | 19 | | gas supplier must, with the consent of the customer, make | 20 | | a date-stamped, time-stamped audio recording that elicits, | 21 | | at a minimum, the following information: | 22 | | (A) the identity of the customer; | 23 | | (B) confirmation that the person on the call is | 24 | | authorized to make the provider change; | 25 | | (C) confirmation that the person on the call wants | 26 | | to make the provider change; |
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| 1 | | (D) the names of the providers affected by the | 2 | | change; | 3 | | (E) the service address of the service to be | 4 | | switched; and | 5 | | (F) the price of the service to be supplied and the | 6 | | material terms and conditions of the service being | 7 | | offered, including whether any early termination fees | 8 | | apply. | 9 | | Submitting alternative gas suppliers shall maintain | 10 | | and preserve the audio records containing the information | 11 | | set forth above for a minimum period of 2 years. | 12 | | (5) In the event that a customer enrolls for service | 13 | | from an alternative gas supplier via an Internet website, | 14 | | the alternative gas supplier shall obtain an | 15 | | electronically signed letter of agency in accordance with | 16 | | paragraph (1) of this subsection (c) and any customer | 17 | | information shall be protected in accordance with all | 18 | | applicable statutes and regulations. In addition, an | 19 | | alternative gas supplier shall provide the following when | 20 | | marketing via an Internet website: | 21 | | (A) The Internet enrollment website shall, at a | 22 | | minimum, include: | 23 | | (i) a copy of the alternative gas supplier's | 24 | | customer contract that clearly and conspicuously | 25 | | discloses all terms and conditions; and | 26 | | (ii) a conspicuous prompt for the customer to |
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| 1 | | print or save a copy of the contract. | 2 | | (B) Any electronic version of the contract shall | 3 | | be identified by version number, in order to ensure | 4 | | the ability to verify the particular contract to which | 5 | | the customer assents. | 6 | | (C) Throughout the duration of the alternative gas | 7 | | supplier's contract with a customer, the alternative | 8 | | gas supplier shall retain and, within 3 business days | 9 | | of the customer's request, provide to the customer an | 10 | | e-mail, paper, or facsimile of the terms and | 11 | | conditions of the numbered contract version to which | 12 | | the customer assents. | 13 | | (D) The alternative gas supplier shall provide a | 14 | | mechanism by which both the submission and receipt of | 15 | | the electronic letter of agency are recorded by time | 16 | | and date. | 17 | | (E) After the customer completes the electronic | 18 | | letter of agency, the alternative gas supplier shall | 19 | | disclose conspicuously through its website that the | 20 | | customer has been enrolled, and the alternative gas | 21 | | supplier shall provide the customer an enrollment | 22 | | confirmation number. | 23 | | (6) When a customer is solicited in person by the | 24 | | alternative gas supplier's sales agent, the alternative | 25 | | gas supplier may only obtain the customer's authorization | 26 | | to change natural gas service through the method provided |
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| 1 | | for in paragraph (2) of this subsection (c). | 2 | | Alternative gas suppliers must be in compliance with this | 3 | | subsection (c) within 90 days after the effective date of this | 4 | | amendatory Act of the 95th General Assembly. | 5 | | (d) Complaints may be filed with the Commission under this | 6 | | Section by a customer whose natural gas service has been | 7 | | provided by an alternative gas supplier in a manner not in | 8 | | compliance with subsection (c) of this Section. If, after | 9 | | notice and hearing, the Commission finds that an alternative | 10 | | gas supplier has violated subsection (c), then the Commission | 11 | | may in its discretion do any one or more of the following: | 12 | | (1) Require the violating alternative gas supplier to | 13 | | refund the customer charges collected in excess of those | 14 | | that would have been charged by the customer's authorized | 15 | | natural gas provider. | 16 | | (2) Require the violating alternative gas supplier to | 17 | | pay to the customer's authorized natural gas provider the | 18 | | amount the authorized natural gas provider would have | 19 | | collected for natural gas service. The Commission is | 20 | | authorized to reduce this payment by any amount already | 21 | | paid by the violating alternative gas supplier to the | 22 | | customer's authorized natural gas provider. | 23 | | (3) Require the violating alternative gas supplier to | 24 | | pay a fine of up to $1,000 into the Public Utility Fund for | 25 | | each repeated and intentional violation of this Section. | 26 | | (4) Issue a cease and desist order. |
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| 1 | | (5) For a pattern of violation of this Section or for | 2 | | intentionally violating a cease and desist order, revoke | 3 | | the violating alternative gas supplier's certificate of | 4 | | service authority.
| 5 | | (e) No alternative gas supplier shall:
| 6 | | (1) enter into or employ any
arrangements which have | 7 | | the effect of preventing any customer from having
access | 8 | | to
the services of the gas utility in whose service area | 9 | | the customer is located;
| 10 | | (2) charge customers for such access;
| 11 | | (3) bill for goods or services not authorized by the | 12 | | customer; or | 13 | | (4) bill for a disputed amount where the alternative | 14 | | gas supplier has been provided notice of such dispute. The | 15 | | supplier shall attempt to resolve a dispute with the | 16 | | customer. When the dispute is not resolved to the | 17 | | customer's satisfaction, the supplier shall inform the | 18 | | customer of the right to file an informal complaint with | 19 | | the Commission and provide contact information. While the | 20 | | pending dispute is active at the Commission, an | 21 | | alternative gas supplier may bill only for the undisputed | 22 | | amount until the Commission has taken final action on the | 23 | | complaint. | 24 | | (f) An alternative gas supplier that is certified to serve | 25 | | residential
or small commercial customers shall not:
| 26 | | (1) deny service to a customer or group of customers |
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| 1 | | nor
establish any differences as to prices, terms,
| 2 | | conditions, services, products, facilities, or in any | 3 | | other respect, whereby
such denial or differences are | 4 | | based upon race, gender, or income, except as provided in | 5 | | Section 19-116;
| 6 | | (2) deny service based on locality, nor establish any | 7 | | unreasonable
difference as to prices, terms, conditions, | 8 | | services, products, or facilities
as
between localities;
| 9 | | (3) include in any agreement a provision that | 10 | | obligates a customer to the terms of the agreement if the | 11 | | customer (i) moves outside the State of Illinois; (ii) | 12 | | moves to a location without a transportation service | 13 | | program; or (iii) moves to a location where the customer | 14 | | will not require natural gas service, provided that | 15 | | nothing in this subsection precludes an alternative gas | 16 | | supplier from taking any action otherwise available to it | 17 | | to collect a debt that arises out of service provided to | 18 | | the customer before the customer moved; or | 19 | | (4) assign the agreement to any alternative natural | 20 | | gas supplier, unless: | 21 | | (A) the supplier is an alternative gas supplier | 22 | | certified by the Commission; | 23 | | (B) the rates, terms, and conditions of the | 24 | | agreement being assigned do not change during the | 25 | | remainder of the time covered by the agreement; | 26 | | (C) the customer is given no less than 30 days |
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| 1 | | prior written notice of the assignment and contact | 2 | | information for the new supplier; and | 3 | | (D) the supplier assigning the contract provides | 4 | | contact information that a customer can use to resolve | 5 | | a dispute. | 6 | | (g) An alternative gas supplier shall comply with the | 7 | | following requirements
with respect to the marketing, | 8 | | offering, and provision of products or services:
| 9 | | (1) All marketing materials, including, but not | 10 | | limited to, electronic marketing materials, in-person | 11 | | solicitations, and telephone solicitations, concerning | 12 | | prices,
terms, and conditions of service shall contain | 13 | | information that
adequately discloses the prices, terms, | 14 | | and conditions of the products
or services and shall | 15 | | disclose the utility gas supply cost rates per therm price | 16 | | available from the Illinois Commerce Commission website | 17 | | applicable at the time the alternative gas supplier is | 18 | | offering or selling the products or services to the | 19 | | customer and shall disclose the date on which the utility | 20 | | gas supply cost rates per therm became effective and the | 21 | | date on which they will expire. All marketing materials, | 22 | | including, but not limited to, electronic marketing | 23 | | materials, in-person solicitations, and telephone | 24 | | solicitations, shall include the following statement:
| 25 | | "(Name of the alternative gas supplier) is not the | 26 | | same entity as your gas delivery company. You are not |
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| 1 | | required to enroll with (name of alternative gas | 2 | | supplier). Beginning on (effective date), the utility | 3 | | gas supply cost rate per therm is (cost). The utility | 4 | | gas supply cost will expire on (expiration date). For | 5 | | more information go to the Illinois Commerce | 6 | | Commission's free website at | 7 | | www.icc.illinois.gov/ags/consumereducation.aspx.". | 8 | | This paragraph (1) does not apply to goodwill or | 9 | | institutional advertising. | 10 | | (2) Before any customer is switched from another | 11 | | supplier, the
alternative gas supplier shall give the | 12 | | customer written information
that clearly and | 13 | | conspicuously discloses, in plain language, the prices, | 14 | | terms, and
conditions of the products and services being | 15 | | offered and sold to the
customer. This written information | 16 | | shall be provided in a language in which the customer | 17 | | subject to the marketing or solicitation is able to | 18 | | understand and communicate, and the alternative gas | 19 | | supplier shall not switch a customer who is unable to | 20 | | understand and communicate in a language in which the | 21 | | marketing or solicitation was conducted. The alternative | 22 | | gas supplier shall comply with Section 2N of the Consumer | 23 | | Fraud and Deceptive Business Practices Act. Nothing in | 24 | | this paragraph (2) may be read to relieve an alternative | 25 | | gas supplier from the duties imposed on it by item (3) of | 26 | | subsection (c) of Section 2DDD of the Consumer Fraud and |
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| 1 | | Deceptive Business Practices Act.
| 2 | | (3) The alternative gas supplier shall provide to the | 3 | | customer:
| 4 | | (A) accurate, timely, and itemized billing | 5 | | statements that describe
the products and services
| 6 | | provided to the customer and their prices
and that | 7 | | specify the
gas consumption amount and any service
| 8 | | charges and taxes; provided that this item (g)(3)(A) | 9 | | does not apply to small
commercial customers;
| 10 | | (B) billing statements that clearly and | 11 | | conspicuously discloses the name and contact | 12 | | information for the alternative gas supplier; | 13 | | (C) an additional
statement, at least annually, | 14 | | that adequately discloses the average
monthly prices, | 15 | | and the terms and conditions, of the products and
| 16 | | services sold to the customer; provided that this item | 17 | | (g)(3)(C) does not
apply to small commercial | 18 | | customers;
| 19 | | (D) refunds of any deposits with interest within | 20 | | 30 days after the
date
that the customer changes gas | 21 | | suppliers or discontinues service if the customer
has | 22 | | satisfied all of his or her outstanding financial | 23 | | obligations to the
alternative gas supplier at an | 24 | | interest rate set by the Commission which shall
be the | 25 | | same as that required of gas utilities; and
| 26 | | (E) refunds, in a timely fashion, of all |
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| 1 | | undisputed overpayments upon
the oral or written | 2 | | request of the customer.
| 3 | | (4) An alternative gas supplier and its sales agents | 4 | | shall refrain from any direct marketing or soliciting to | 5 | | consumers on the gas utility's "Do Not Contact List", | 6 | | which the alternative gas supplier shall obtain on the | 7 | | 15th calendar day of the month from the gas utility in | 8 | | whose service area the consumer is provided with gas | 9 | | service. If the 15th calendar day is a non-business day, | 10 | | then the alternative gas supplier shall obtain the list on | 11 | | the next business day following the 15th calendar day of | 12 | | that month. | 13 | | (5) Early Termination. | 14 | | (A) Any agreement that contains an early | 15 | | termination clause shall disclose the amount of the | 16 | | early termination fee, provided that any early | 17 | | termination fee or penalty shall not exceed $50 total, | 18 | | regardless of whether or not the agreement is a | 19 | | multiyear agreement. | 20 | | (B) In any agreement that contains an early | 21 | | termination clause, an alternative gas supplier shall | 22 | | provide the customer the opportunity to terminate the | 23 | | agreement without any termination fee or penalty | 24 | | within 10 business days after the date of the first | 25 | | bill issued to the customer for products or services | 26 | | provided by the alternative gas supplier. The |
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| 1 | | agreement shall disclose the opportunity and provide a | 2 | | toll-free phone number that the customer may call in | 3 | | order to terminate the agreement. Beginning January 1, | 4 | | 2020, residential and small commercial customers shall | 5 | | have a right to terminate their agreements with | 6 | | alternative gas suppliers at any time without any | 7 | | termination fees or penalties. | 8 | | (6) Within 2 business days after electronic receipt of | 9 | | a customer switch from the alternative gas supplier and | 10 | | confirmation of eligibility, the gas utility shall provide | 11 | | the customer written notice confirming the switch. The gas | 12 | | utility shall not switch the service until 10 business | 13 | | days after the date on the notice to the customer. | 14 | | (7) The alternative gas supplier shall provide each | 15 | | customer the opportunity to rescind its agreement without | 16 | | penalty within 10 business days after the date on the gas | 17 | | utility notice to the customer. The alternative gas | 18 | | supplier shall disclose all of the following: | 19 | | (A) that the gas utility shall send a notice | 20 | | confirming the switch; | 21 | | (B) that from the date the utility issues the | 22 | | notice confirming the switch, the customer shall have | 23 | | 10 business days to rescind the switch without | 24 | | penalty; | 25 | | (C) that the customer shall contact the gas | 26 | | utility or the alternative gas supplier to rescind the |
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| 1 | | switch; and | 2 | | (D) the contact information for the gas utility. | 3 | | The alternative gas supplier disclosure shall be | 4 | | included in its sales solicitations, contracts, and all | 5 | | applicable sales verification scripts. | 6 | | (8) All in-person and telephone solicitations shall be | 7 | | conducted in, translated into, and provided in a language | 8 | | in which the consumer subject to the marketing or | 9 | | solicitation is able to understand and communicate. An | 10 | | alternative gas supplier shall terminate a solicitation if | 11 | | the consumer subject to the marketing or communication is | 12 | | unable to understand and communicate in the language in | 13 | | which the marketing or solicitation is being conducted. An | 14 | | alternative gas supplier shall comply with Section 2N of | 15 | | the Consumer Fraud and Deceptive Business Practices Act. | 16 | | (h) An alternative gas supplier may limit the overall size | 17 | | or availability
of
a
service offering by specifying one or | 18 | | more of the following:
| 19 | | (1) a maximum number
of
customers and maximum amount | 20 | | of gas load to be served;
| 21 | | (2) time period during which
the
offering will be | 22 | | available; or
| 23 | | (3) other comparable limitation, but not including
the
| 24 | | geographic locations of customers within the area which | 25 | | the alternative gas
supplier is
certificated to serve.
| 26 | | The alternative gas supplier shall file the terms and
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| 1 | | conditions of
such service offering including the applicable | 2 | | limitations with the Commission
prior to
making the service | 3 | | offering available to customers.
| 4 | | (i) Nothing in this Section shall be construed as | 5 | | preventing an alternative
gas
supplier that is an affiliate | 6 | | of, or which contracts with,
(i) an industry or
trade
| 7 | | organization or association,
(ii) a membership organization or | 8 | | association that
exists for
a purpose other than the purchase | 9 | | of gas, or
(iii) another organization that
meets criteria
| 10 | | established in a rule adopted by the Commission from offering | 11 | | through the
organization
or association services at prices, | 12 | | terms and conditions that are available
solely to the
members | 13 | | of the organization or association.
| 14 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 15 | | (220 ILCS 5/19-130)
| 16 | | Sec. 19-130. Commission study and report. The Commission's | 17 | | Office of Retail Market Development shall prepare an annual
| 18 | | report regarding the
development of competitive retail natural | 19 | | gas markets in Illinois. The Office shall monitor existing | 20 | | competitive conditions in Illinois, identify barriers to | 21 | | retail competition for all customer classes, and actively | 22 | | explore and propose to the Commission and to the General | 23 | | Assembly solutions to overcome identified barriers. Solutions | 24 | | proposed by the Office to promote retail competition must also | 25 | | promote safe, reliable, and affordable natural gas service. |
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| 1 | | On or before October 31 1 of each year, beginning in 2015, | 2 | | the Director shall submit a report to the Commission, the | 3 | | General Assembly, and the Governor, that includes, at a | 4 | | minimum, the following
information:
| 5 | | (1) an analysis of the status and development of the | 6 | | retail natural gas
market in the State of Illinois; and | 7 | | (2) a discussion of any identified barriers to the | 8 | | development of competitive retail natural gas markets in | 9 | | Illinois and proposed solutions to overcome identified | 10 | | barriers; and
| 11 | | (3) any other information the Office considers | 12 | | significant in
assessing
the development of natural gas
| 13 | | markets in the State of Illinois.
| 14 | | Beginning in 2021, the report shall also include the | 15 | | information submitted to the Commission pursuant to paragraph | 16 | | (6) of subsection (b) of Section 19-115. | 17 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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