Full Text of SB1605 102nd General Assembly
SB1605sam001 102ND GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/21/2021
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| 1 | | AMENDMENT TO SENATE BILL 1605
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1605 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing Section 16-122 as follows:
| 6 | | (220 ILCS 5/16-122)
| 7 | | Sec. 16-122. Customer information.
| 8 | | (a) Upon the request of a retail customer, or a person
who | 9 | | presents verifiable authorization and is acting as the
| 10 | | customer's agent, and payment of a reasonable fee, electric
| 11 | | utilities shall provide to the customer or its authorized
| 12 | | agent the customer's billing and usage data.
| 13 | | (b) Upon request from any alternative retail electric
| 14 | | supplier and payment of a reasonable fee, an electric utility
| 15 | | serving retail customers in its service area shall make
| 16 | | available generic information concerning the usage, load shape
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| 1 | | curve or other general characteristics of customers by rate
| 2 | | classification. Provided however, no customer specific
| 3 | | billing, usage or load shape data shall be provided under this
| 4 | | subsection unless authorization to provide such information is
| 5 | | provided by the customer pursuant to subsection (a) of this
| 6 | | Section.
| 7 | | Notwithstanding the requirements of this Section or | 8 | | subsection (d) of Section 16-108.6, if an alternative retail | 9 | | electric supplier warrants to an electric utility serving more | 10 | | than 500,000 retail customers that the alternative retail | 11 | | electric supplier's customer has provided consent as described | 12 | | in subsection (e) of Section 2EE of the Consumer Fraud and | 13 | | Deceptive Business Practices Act, then until either the | 14 | | customer contacts the alternative retail electric supplier to | 15 | | opt out or the customer is no longer served by the alternative | 16 | | retail electric supplier: | 17 | | (1) An electric utility serving more than 500,000 | 18 | | retail customers shall electronically transmit interval | 19 | | meter usage data at the end of each monthly billing period | 20 | | for each residential retail customer for which the | 21 | | alternative retail electric supplier is providing electric | 22 | | power and energy supply service, for which the alternative | 23 | | retail electric supplier has requested such information, | 24 | | and for which the electric utility meters the residential | 25 | | customer using automated metering infrastructure | 26 | | equipment. Such data transmission shall occur no later |
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| 1 | | than one business day after the electric utility serving | 2 | | more than 500,000 retail customers validates the interval | 3 | | meter usage data with the monthly billing period for such | 4 | | residential retail customer through an electronic data | 5 | | interchange or secure interface. The interval meter usage | 6 | | data shall be provided at a minimum on an hourly basis, or | 7 | | on a 30-minute or 15-minute basis, if available. In | 8 | | addition, the electric utility shall, not later than the | 9 | | following day, provide unverified interval data through an | 10 | | electronic data interchange or secure interface for which | 11 | | the alternative retail electric supplier has requested | 12 | | such information. The same processes shall apply for | 13 | | non-residential retail customers. | 14 | | (2) An electric utility serving more than 500,000 | 15 | | retail customers shall submit tariffs to the Commission | 16 | | for approval within 120 days after the effective date of | 17 | | this amendatory Act of the 102nd General Assembly, if | 18 | | necessary, to meet the minimum requirements of paragraph | 19 | | (1) of this subsection (b). | 20 | | (3) Nothing prohibits the Commission on its own motion | 21 | | or upon petition by any party, after notice and hearing, | 22 | | to order such electric utility serving more than 500,000 | 23 | | retail customers to provide interval meter usage data on a | 24 | | shorter interval basis more rapidly after collection by | 25 | | the electric utility or make other changes if such changes | 26 | | exceed the minimum requirements of paragraph (1) of this |
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| 1 | | subsection (b). Nothing in this amendatory Act of the | 2 | | 102nd General Assembly prohibits such utility from time to | 3 | | time proposing new tariffs pursuant to Article IX of this | 4 | | Act to the extent such tariffs are consistent with the | 5 | | requirements of this amendatory Act of the 102nd General | 6 | | Assembly. Nothing in this amendatory Act of the 102nd | 7 | | General Assembly shall require such electric utility to | 8 | | alter its tariffs or practices to the extent that they: | 9 | | (i) provide interval data with shorter intervals; (ii) | 10 | | provide interval data more frequently than monthly; or | 11 | | (iii) provide other enhancements beyond the minimum | 12 | | standards required by paragraph (1) of this subsection | 13 | | (b). | 14 | | (4) An alternative retail electric supplier shall use | 15 | | such interval meter usage data for the development, | 16 | | marketing, and provision of current and future products | 17 | | and services to enable such customers to more easily and | 18 | | effectively manage their energy consumption, including, | 19 | | but not limited to, time-of-use pricing, demand response, | 20 | | energy efficiency or management, vehicle electrification, | 21 | | on-site or community generation, or any other | 22 | | electricity-related products or services or as otherwise | 23 | | authorized by the Commission. | 24 | | (5) An alternative retail electric supplier and its | 25 | | affiliates and contracted third parties shall be | 26 | | prohibited from selling such information to a third party |
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| 1 | | for any purpose or licensing or disclosing such | 2 | | information to a third party to the extent not otherwise | 3 | | authorized by law or the Commission. | 4 | | (6) Nothing shall prohibit an electric utility serving | 5 | | more than 500,000 retail customers from utilizing interval | 6 | | meter usage data for the development or marketing of | 7 | | time-of-use development or marketing of time-of-use supply | 8 | | rates and programs approved by the Commission. | 9 | | (c) Upon request from a unit of local government and | 10 | | payment of a
reasonable fee, an electric utility shall make | 11 | | available information concerning
the usage, load shape curves, | 12 | | and other characteristics of customers by
customer | 13 | | classification and location within the boundaries of the unit | 14 | | of local
government, however, no customer specific billing, | 15 | | usage, or load shape data
shall be provided under this | 16 | | subsection unless authorization to provide that
information is | 17 | | provided by the customer.
| 18 | | (d) All such customer information shall be made available
| 19 | | in a timely fashion in an electronic format, if available.
| 20 | | (Source: P.A. 92-585, eff. 6-26-02.)
| 21 | | Section 10. The Consumer Fraud and Deceptive Business | 22 | | Practices Act is amended by changing Section 2EE as follows:
| 23 | | (815 ILCS 505/2EE)
| 24 | | Sec. 2EE. Alternative retail electric supplier selection. |
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| 1 | | (a) An alternative retail electric supplier shall not | 2 | | submit or execute
a change in a consumer's selection of a | 3 | | provider of electric
service unless and until: | 4 | | (i) the alternative retail electric supplier first | 5 | | discloses all material terms and conditions of the offer | 6 | | to the consumer; | 7 | | (ii) if the consumer is a small commercial retail | 8 | | customer as that term is defined in subsection (c) of this | 9 | | Section or a residential consumer, the alternative retail | 10 | | electric supplier discloses the utility electric supply | 11 | | price to compare, which shall be the sum of the electric | 12 | | supply charge and the transmission services charge, and | 13 | | shall not include the purchased electricity adjustment, | 14 | | applicable at the time the offer is made to the consumer; | 15 | | (iii) if the consumer is a small commercial retail | 16 | | customer as that term is defined in subsection (c) of this | 17 | | Section or a residential consumer, the alternative retail | 18 | | electric provider discloses the following statement: | 19 | | "(Name of the alternative retail electric | 20 | | supplier) is not the same entity as your electric | 21 | | delivery company. You are not required to enroll with | 22 | | (name of alternative retail electric supplier). As of | 23 | | (effective date), the electric supply price to compare | 24 | | is currently (price in cents per kilowatt hour). The | 25 | | electric utility electric supply price will expire on | 26 | | (expiration date). The utility electric supply price |
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| 1 | | to compare does not include the purchased electricity | 2 | | adjustment factor. For more information go to the | 3 | | Illinois Commerce Commission's free website at | 4 | | www.pluginillinois.org.". | 5 | | If applicable, the statement shall include the | 6 | | following statement: | 7 | | "The purchased electricity adjustment factor may | 8 | | range between +.5 cents and -.5 cents per kilowatt | 9 | | hour."; | 10 | | (iv) the alternative retail electric supplier has | 11 | | obtained the consumer's express agreement to accept the | 12 | | offer after the disclosure of all material terms and | 13 | | conditions of the offer; and | 14 | | (v) the alternative retail electric supplier has | 15 | | confirmed the request for a change in accordance with one | 16 | | of the following procedures:
| 17 | | (A) The new alternative retail electric supplier | 18 | | has obtained the consumer's
written or electronically | 19 | | signed
authorization in a form that meets the
| 20 | | following requirements:
| 21 | | (1) An alternative retail electric supplier | 22 | | shall obtain any
necessary written or | 23 | | electronically signed authorization from a | 24 | | consumer for a
change in electric service by using | 25 | | a letter of agency as
specified in this
Section. | 26 | | Any letter of agency that does
not conform with |
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| 1 | | this
Section is invalid.
| 2 | | (2) The letter of agency shall be a separate
| 3 | | document (an easily separable document containing | 4 | | only
the authorization language described in | 5 | | subparagraph (5)) whose sole purpose is to | 6 | | authorize an
electric service provider change. The | 7 | | letter of agency
must be signed and dated by the | 8 | | consumer requesting the
electric service provider | 9 | | change.
| 10 | | (3) The letter of agency shall not be combined | 11 | | with
inducements of any kind on the same document.
| 12 | | (4) Notwithstanding subparagraphs (1) and (2), | 13 | | the letter of agency may be combined with
checks | 14 | | that contain only the required letter of agency
| 15 | | language prescribed in subparagraph (5) and
the | 16 | | necessary information to make the check a | 17 | | negotiable
instrument. The letter of agency check | 18 | | shall not contain
any promotional language or | 19 | | material. The letter of
agency check shall contain | 20 | | in easily readable, bold-face
type on the face of | 21 | | the check, a notice that the consumer
is | 22 | | authorizing an electric service provider change by
| 23 | | signing the check. The letter of agency language | 24 | | also
shall be placed near the signature line on | 25 | | the back of
the check.
| 26 | | (5) At a minimum, the letter of agency must be
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| 1 | | printed with a print of sufficient size to be | 2 | | clearly
legible, and must contain clear and | 3 | | unambiguous language
that confirms:
| 4 | | (i) The consumer's billing name and | 5 | | address;
| 6 | | (ii) The decision to change the electric | 7 | | service
provider from the current provider to | 8 | | the
prospective provider;
| 9 | | (iii) The terms, conditions, and nature of | 10 | | the
service to be provided to the consumer | 11 | | must be
clearly and conspicuously disclosed, | 12 | | in writing, and
an alternative retail electric | 13 | | supplier must directly establish
the rates for | 14 | | the service contracted for by the consumer; | 15 | | and
| 16 | | (iv) That the consumer understand that any
| 17 | | alternative retail electric supplier selection | 18 | | the consumer
chooses may involve a charge to | 19 | | the consumer for
changing the consumer's | 20 | | electric service provider.
| 21 | | (6) Letters of agency shall not suggest or | 22 | | require
that a consumer take some action in order | 23 | | to retain the consumer's
current electric service | 24 | | provider.
| 25 | | (7) If any portion of a letter of agency is
| 26 | | translated into another language, then all |
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| 1 | | portions of
the letter of agency must be | 2 | | translated into that
language.
| 3 | | (B) An appropriately qualified independent third | 4 | | party has obtained, in accordance with the procedures | 5 | | set forth in this subsection (b), the consumer's oral | 6 | | authorization to change electric suppliers that | 7 | | confirms and includes appropriate verification data. | 8 | | The independent third party (i) must not be owned, | 9 | | managed, controlled, or directed by the supplier or | 10 | | the supplier's marketing agent; (ii) must not have any | 11 | | financial incentive to confirm supplier change | 12 | | requests for the supplier or the supplier's marketing | 13 | | agent; and (iii) must operate in a location physically | 14 | | separate from the supplier or the supplier's marketing | 15 | | agent.
| 16 | | Automated third-party verification systems and | 17 | | 3-way conference calls may be used for verification | 18 | | purposes so long as the other requirements of this | 19 | | subsection (b) are satisfied. | 20 | | A supplier or supplier's sales representative | 21 | | initiating a 3-way conference call or a call through | 22 | | an automated verification system must drop off the | 23 | | call once the 3-way connection has been established. | 24 | | All third-party verification methods shall elicit, | 25 | | at a minimum, the following information: (i) the | 26 | | identity of the consumer; (ii) confirmation that the |
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| 1 | | person on the call is the account holder, has been | 2 | | specifically and explicitly authorized by the account | 3 | | holder, or possesses lawful authority to make the | 4 | | supplier change; (iii) confirmation that the person on | 5 | | the call wants to make the supplier change; (iv) the | 6 | | names of the suppliers affected by the change; (v) the | 7 | | service address of the supply to be switched; and (vi) | 8 | | the price of the service to be supplied and the | 9 | | material terms and conditions of the service being | 10 | | offered, including whether any early termination fees | 11 | | apply. Third-party verifiers may not market the | 12 | | supplier's services by providing additional | 13 | | information, including information regarding | 14 | | procedures to block or otherwise freeze an account | 15 | | against further changes. | 16 | | All third-party verifications shall be conducted | 17 | | in the same language that was used in the underlying | 18 | | sales transaction and shall be recorded in their | 19 | | entirety. Submitting suppliers shall maintain and | 20 | | preserve audio records of verification of subscriber | 21 | | authorization for a minimum period of 2 years after | 22 | | obtaining the verification. Automated systems must | 23 | | provide consumers with an option to speak with a live | 24 | | person at any time during the call.
Each disclosure | 25 | | made during the third-party verification must be made | 26 | | individually to obtain clear acknowledgment of each |
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| 1 | | disclosure. The alternative retail electric supplier | 2 | | must be in a location where he or she cannot hear the | 3 | | customer while the third-party verification is | 4 | | conducted. The alternative retail electric supplier | 5 | | shall not contact the customer after the third-party | 6 | | verification for a period of 24 hours unless the | 7 | | customer initiates the contact. | 8 | | (C) When a consumer initiates the call to the | 9 | | prospective alternative retail electric supplier, in | 10 | | order to enroll the consumer as a customer, the | 11 | | prospective alternative retail electric supplier must, | 12 | | with the consent of the customer, make a date-stamped, | 13 | | time-stamped audio recording that elicits, at a | 14 | | minimum, the following information: | 15 | | (1) the identity of the customer; | 16 | | (2) confirmation that the person on the call | 17 | | is authorized to make the supplier change; | 18 | | (3) confirmation that the person on the call | 19 | | wants to make the supplier change; | 20 | | (4) the names of the suppliers affected by the | 21 | | change; | 22 | | (5) the service address of the supply to be | 23 | | switched; and | 24 | | (6) the price of the service to be supplied | 25 | | and the material terms and conditions of the | 26 | | service being offered, including whether any early |
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| 1 | | termination fees apply.
| 2 | | Submitting suppliers shall maintain and preserve | 3 | | the audio records containing the information set forth | 4 | | above for a minimum period of 2 years.
| 5 | | (b)(1) An alternative retail electric supplier shall not | 6 | | utilize the name of a public utility in any manner that is | 7 | | deceptive or misleading, including, but not limited to | 8 | | implying or otherwise leading a consumer to believe that an | 9 | | alternative retail electric supplier is soliciting on behalf | 10 | | of or is an agent of a utility. An alternative retail electric | 11 | | supplier shall not utilize the name, or any other identifying | 12 | | insignia, graphics, or wording that has been used at any time | 13 | | to represent a public utility company or its services, to | 14 | | identify, label, or define any of its electric power and | 15 | | energy service offers. An alternative retail electric supplier | 16 | | may state the name of a public electric utility in order to | 17 | | accurately describe the electric utility service territories | 18 | | in which the supplier is currently offering an electric power | 19 | | and energy service. An alternative retail electric supplier | 20 | | that is the affiliate of an Illinois public utility and that | 21 | | was doing business in Illinois providing alternative retail | 22 | | electric service on January 1, 2016 may continue to use that | 23 | | public utility's name, logo, identifying insignia, graphics, | 24 | | or wording in its business operations occurring outside the | 25 | | service territory of the public utility with which it is | 26 | | affiliated. |
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| 1 | | (2) An alternative retail electric supplier shall not | 2 | | state or otherwise imply that the alternative retail electric | 3 | | supplier is employed by, representing, endorsed by, or acting | 4 | | on behalf of a utility or utility program, a consumer group or | 5 | | consumer group program, or a governmental body, unless the | 6 | | alternative retail electric supplier has entered into a | 7 | | contractual arrangement with the governmental body and has | 8 | | been authorized by the governmental body to make the | 9 | | statements. | 10 | | (c) An alternative retail electric supplier shall not | 11 | | submit or execute a change in a consumer's selection of a | 12 | | provider of electric service unless the alternative retail | 13 | | electric supplier complies with the following requirements of | 14 | | this subsection (c). It is a violation of this Section for an | 15 | | alternative retail electric supplier to fail to comply with | 16 | | this subsection (c). The requirements of this subsection (c) | 17 | | shall only apply to residential and small commercial retail | 18 | | customers. For purposes of this subsection (c) only, "small | 19 | | commercial retail customer" has the meaning given to that term | 20 | | in Section 16-102 of the Public Utilities Act. | 21 | | (1) During a solicitation an alternative retail | 22 | | electric supplier shall state that he or represents an | 23 | | independent seller of electric power and energy service | 24 | | certified by the Illinois Commerce Commission and that he | 25 | | or she is not employed by, representing, endorsed by, or | 26 | | acting on behalf of, a utility, or a utility program, a |
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| 1 | | consumer group or consumer group program, or a | 2 | | governmental body, unless the alternative retail electric | 3 | | supplier has entered into a contractual arrangement with | 4 | | the governmental body and has been authorized with the | 5 | | governmental body to make the statements. | 6 | | (2) Alternative retail electric suppliers who engage | 7 | | in in-person solicitation for the purpose of selling | 8 | | electric power and energy service offered by the | 9 | | alternative retail electric supplier shall display | 10 | | identification on an outer garment. This identification | 11 | | shall be visible at all times and prominently display the | 12 | | following: (i) the alternative retail electric supplier | 13 | | agent's full name in reasonable size font; (ii) an agent | 14 | | identification number; (iii) a photograph of the | 15 | | alternative retail electric supplier agent; and (iv) the | 16 | | trade name and logo of the alternative retail electric | 17 | | supplier the agent is representing. If the agent is | 18 | | selling electric power and energy services from multiple | 19 | | alternative retail electric suppliers to the consumer, the | 20 | | identification shall display the trade name and logo of | 21 | | the agent, broker, or consultant entity as that entity is | 22 | | defined in Section 16-115C of the Public Utilities Act. An | 23 | | alternative retail electric supplier shall leave the | 24 | | premises at the consumer's, owner's, or occupant's | 25 | | request. A copy of the Uniform Disclosure Statement | 26 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A |
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| 1 | | is to be left with the consumer, at the conclusion of the | 2 | | visit unless the consumer refuses to accept a copy. An | 3 | | alternative retail electric supplier may provide the | 4 | | Uniform Disclosure Statement electronically instead of in | 5 | | paper form to a consumer upon that customer's request. The | 6 | | alternative retail electric supplier shall also offer to | 7 | | the consumer, at the time of the initiation of the | 8 | | solicitation, a business card or other material that lists | 9 | | the agent's name, identification number and title, and the | 10 | | alternative retail electric supplier's name and contact | 11 | | information, including phone number. The alternative | 12 | | retail electric supplier shall not conduct any in-person | 13 | | solicitations of consumers at any building or premises | 14 | | where any sign, notice, or declaration of any description | 15 | | whatsoever is posted that prohibits sales, marketing, or | 16 | | solicitations. The alternative retail electric supplier | 17 | | shall obtain consent to enter multi-unit residential | 18 | | dwellings. Consent obtained to enter a multi-unit dwelling | 19 | | from one prospective customer or occupant of the dwelling | 20 | | shall not constitute consent to market to any other | 21 | | prospective consumers without separate consent. | 22 | | (3) An alternative retail electric supplier who | 23 | | contacts consumers by telephone for the purpose of selling | 24 | | electric power and energy service shall provide the | 25 | | agent's name and identification number. Any telemarketing | 26 | | solicitations that lead to a telephone enrollment of a |
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| 1 | | consumer must be recorded and retained for a minimum of 2 | 2 | | years. All telemarketing calls of consumers that do not | 3 | | lead to a telephone enrollment, but last at least 2 | 4 | | minutes, shall be recorded and retained for a minimum of 6 | 5 | | months. | 6 | | (4) During an inbound enrollment call, an alternative | 7 | | retail electric supplier shall state that he or she | 8 | | represents an independent seller of electric power and | 9 | | energy service certified by the Illinois Commerce | 10 | | Commission. All inbound enrollment calls that lead to an | 11 | | enrollment shall be recorded, and the recordings shall be | 12 | | retained for a minimum of 2 years. An inbound enrollment | 13 | | call that does not lead to an enrollment, but lasts at | 14 | | least 2 minutes, shall be retained for a minimum of 6 | 15 | | months. The alternative retail electric supplier shall | 16 | | send the Uniform Disclosure Statement and contract to the | 17 | | customer within 3 business days after the electric | 18 | | utility's confirmation to the alternative retail electric | 19 | | supplier of an accepted enrollment. | 20 | | (5) If a direct mail solicitation to a consumer | 21 | | includes a written letter of agency, it shall include the | 22 | | Uniform Disclosure Statement described in 83 Ill. Adm. | 23 | | Code 412.115 and 412.Appendix A. The Uniform Disclosure | 24 | | Statement shall be provided on a separate page from the | 25 | | other marketing materials included in the direct mail | 26 | | solicitation. If a written letter of agency is being used |
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| 1 | | to authorize a consumer's enrollment, the written letter | 2 | | of agency shall comply with this Section. A copy of the | 3 | | contract must be sent to consumer within 3 business days | 4 | | after the electric utility's confirmation to the | 5 | | alternative retail electric supplier of an accepted | 6 | | enrollment. | 7 | | (6) Online Solicitation. | 8 | | (A) Each alternative retail electric supplier | 9 | | offering electric power and energy service to | 10 | | consumers online shall clearly and conspicuously make | 11 | | all disclosures for any services offered through | 12 | | online enrollment before requiring the consumer to | 13 | | enter any personal information other than zip code, | 14 | | electric utility service territory, or type of service | 15 | | sought. | 16 | | (B) Notwithstanding any requirements in this | 17 | | Section to the contrary, an alternative retail | 18 | | electric supplier may secure consent from the consumer | 19 | | to obtain customer-specific billing and usage | 20 | | information for the sole purpose of determining and | 21 | | pricing a product through a letter of agency or method | 22 | | approved through an Illinois Commerce Commission | 23 | | docket before making all disclosure for services | 24 | | offered through online enrollment. It is a violation | 25 | | of this Act for an alternative retail electric | 26 | | supplier to use a consumer's utility account number to |
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| 1 | | execute or change a consumer's enrollment unless the | 2 | | consumer expressly consents to that enrollment as | 3 | | required by law. | 4 | | (C) The enrollment website of the alternative | 5 | | retail electric supplier shall, at a minimum, include: | 6 | | (i) disclosure of all material terms and conditions of | 7 | | the offer; (ii) a statement that electronic acceptance | 8 | | of the terms and conditions is an agreement to | 9 | | initiate service and begin enrollment; (iii) a | 10 | | statement that the consumer shall review the contract | 11 | | or contact the current supplier to learn if any early | 12 | | termination fees are applicable; and (iv) an email | 13 | | address and toll-free phone number of the alternative | 14 | | retail electric supplier where the customer can | 15 | | express a decision to rescind the contract. | 16 | | (7)(A) Beginning January 1, 2020, an alternative | 17 | | retail electric supplier shall not sell or offer to sell | 18 | | any products or services to a consumer pursuant to a | 19 | | contract in which the contract automatically renews, | 20 | | unless an alternative retail electric supplier provides to | 21 | | the consumer at the outset of the offer, in addition to | 22 | | other disclosures required by law, a separate written | 23 | | statement titled "Automatic Contract Renewal" that clearly | 24 | | and conspicuously discloses in bold lettering in at least | 25 | | 12-point font the terms and conditions of the automatic | 26 | | contract renewal provision, including: (i) the estimated |
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| 1 | | bill cycle on which the initial contract term expires and | 2 | | a statement that it could be later based on when the | 3 | | utility accepts the initial enrollment; (ii) the estimated | 4 | | bill cycle on which the new contract term begins and a | 5 | | statement that it will immediately follow the last billing | 6 | | cycle of the current term; (iii) the procedure to | 7 | | terminate the contract before the new contract term | 8 | | applies; and (iv) the cancellation procedure. If the | 9 | | alternative retail electric supplier sells or offers to | 10 | | sell the products or services to a consumer during an | 11 | | in-person solicitation or telemarketing solicitation, the | 12 | | disclosures described in this subparagraph (A) shall also | 13 | | be made to the consumer verbally during the solicitation. | 14 | | Nothing in this subparagraph (A) shall be construed to | 15 | | apply to contracts entered into before January 1, 2020. | 16 | | (B) At least 30 days before, but not more than 60 | 17 | | days prior, to the end of the initial contract term, in | 18 | | any and all contracts that automatically renew after | 19 | | the initial term, the alternative retail electric | 20 | | supplier shall send, in addition to other disclosures | 21 | | required by law, a separate written notice of the | 22 | | contract renewal to the consumer that clearly and | 23 | | conspicuously discloses the following: | 24 | | (i) a statement printed or visible from the | 25 | | outside of the envelope or in the subject line of | 26 | | the email, if the customer has agreed to receive |
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| 1 | | official documents by email, that states "Contract | 2 | | Renewal Notice"; | 3 | | (ii) a statement in bold lettering, in at | 4 | | least 12-point font, that the contract will | 5 | | automatically renew unless the customer cancels | 6 | | it; | 7 | | (iii) the billing cycle in which service under | 8 | | the current term will expire; | 9 | | (iv) the billing cycle in which service under | 10 | | the new term will begin; | 11 | | (v) the process and options available to the | 12 | | consumer to reject the new contract terms; | 13 | | (vi) the cancellation process if the | 14 | | consumer's contract automatically renews before | 15 | | the consumer rejects the new contract terms; | 16 | | (vii) the terms and conditions of the new | 17 | | contract term; | 18 | | (viii) for a fixed rate contract, a | 19 | | side-by-side comparison of the current price and | 20 | | the new price; for a variable rate contract or | 21 | | time-of-use product in which the first month's | 22 | | renewal price can be determined, a side-by-side | 23 | | comparison of the current price and the price for | 24 | | the first month of the new variable or time-of-use | 25 | | price; or for a variable or time-of-use contract | 26 | | based on a publicly available index, a |
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| 1 | | side-by-side comparison of the current formula and | 2 | | the new formula; and | 3 | | (ix) the phone number and email address to | 4 | | submit a consumer inquiry or complaint to the | 5 | | Illinois Commerce Commission and the Office of the | 6 | | Attorney General. | 7 | | (C) An alternative retail electric supplier shall | 8 | | not automatically renew a consumer's enrollment after | 9 | | the current term of the contract expires when the | 10 | | current term of the contract provides that the | 11 | | consumer will be charged a fixed rate and the renewed | 12 | | contract provides that the consumer will be charged a | 13 | | variable rate, unless: (i) the alternative retail | 14 | | electric supplier complies with subparagraphs (A) and | 15 | | (B); and (ii) the customer expressly consents to the | 16 | | contract renewal in writing or by electronic signature | 17 | | at least 30 days, but no more than 60 days, before the | 18 | | contract expires. | 19 | | (D) This paragraph (7) does not apply to customers | 20 | | enrolled in a municipal aggregation program pursuant | 21 | | to Section 1-92 of the Illinois Power Agency Act. | 22 | | (8) All in-person and telephone solicitations shall be | 23 | | conducted in, translated into, and provided in a language | 24 | | in which the consumer subject to the marketing or | 25 | | solicitation is able to understand and communicate. An | 26 | | alternative retail electric supplier shall terminate a |
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| 1 | | solicitation if the consumer subject to the marketing or | 2 | | communication is unable to understand and communicate in | 3 | | the language in which the marketing or solicitation is | 4 | | being conducted. An alternative retail electric supplier | 5 | | shall comply with Section 2N of this Act. | 6 | | (9) Beginning January 1, 2020, consumers shall have | 7 | | the right to terminate their contract with the alternative | 8 | | retail electric supplier at any time without any | 9 | | termination fees or penalties. | 10 | | (10) An alternative retail electric supplier shall not | 11 | | submit a change to a customer's electric service provider | 12 | | in violation of Section 16-115E of the Public Utilities | 13 | | Act. | 14 | | (d) (c) Complaints may be filed with the Illinois Commerce | 15 | | Commission under this Section by a consumer whose electric | 16 | | service has been provided by an alternative retail electric | 17 | | supplier in a manner not in compliance with this Section or by | 18 | | the Illinois Commerce Commission on its own motion when it | 19 | | appears to the Commission that an alternative retail electric | 20 | | supplier has provided service in a manner not in compliance | 21 | | with this Section. If, after notice and hearing, the | 22 | | Commission finds that an alternative retail electric supplier | 23 | | has violated this Section, the Commission may in its | 24 | | discretion do any one or more of the following: | 25 | | (1) Require the violating alternative retail electric | 26 | | supplier to refund to the consumer charges collected in |
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| 1 | | excess of those that would have been charged by the | 2 | | consumer's authorized electric service provider. | 3 | | (2) Require the violating alternative retail electric | 4 | | supplier to pay to the consumer's authorized electric | 5 | | service provider the amount the authorized electric | 6 | | service provider would have collected for the electric | 7 | | service. The Commission is authorized to reduce this | 8 | | payment by any amount already paid by the violating | 9 | | alternative retail electric supplier to the consumer's | 10 | | authorized provider for electric service. | 11 | | (3) Require the violating alternative retail electric | 12 | | supplier to pay a fine of up to $1,000 into the Public | 13 | | Utility Fund for each repeated and intentional violation | 14 | | of this Section. | 15 | | (4) Issue a cease and desist order. | 16 | | (5) For a pattern of violation of this Section or for | 17 | | intentionally violating a cease and desist order, revoke | 18 | | the violating alternative retail electric supplier's | 19 | | certificate of service authority.
| 20 | | (e)(1) An alternative retail electric supplier shall not | 21 | | warrant that it has a residential customer or small commercial | 22 | | retail customer's consent to access interval meter usage data | 23 | | pursuant to subsection (b) of Section 16-122 of the Public | 24 | | Utilities Act unless the alternative retail electric supplier | 25 | | provides to the consumer at the outset of the offer, in | 26 | | addition to other disclosures required by law, a separate |
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| 1 | | written statement titled "Interval Data Access Opt-Out" that | 2 | | clearly and conspicuously discloses in bold lettering in at | 3 | | least 12-point font: (i) the identity of the alternative | 4 | | retail electric supplier; (ii) that the alternative retail | 5 | | electric supplier seeks access to the customer's interval | 6 | | meter usage data; and (iii) the toll-free number of the | 7 | | customer's alternative retail electric supplier to opt out of | 8 | | providing interval meter usage data. | 9 | | (2) For contracts entered into prior to the effective date | 10 | | of this amendatory Act of the 102nd General Assembly, the | 11 | | alternative retail electric supplier shall not warrant that it | 12 | | has obtained a residential customer's or small commercial | 13 | | retail customer's consent pursuant to subsection (b) of | 14 | | Section 16-122 of the Public Utilities Act until 30 days after | 15 | | notice to a current residential customer, in the manner for | 16 | | providing notices prescribed by the contract between the | 17 | | alternative retail electric supplier, that clearly and | 18 | | conspicuously discloses in bold lettering in at least 12-point | 19 | | font: (i) the identity of the alternative retail electric | 20 | | supplier; (ii) that the alternative retail electric supplier | 21 | | seeks access to the customer's interval meter usage data; and | 22 | | (iii) the toll-free number of the customer's alternative | 23 | | retail electric supplier to opt out of providing interval | 24 | | meter usage data. | 25 | | (3) An alternative retail electric supplier shall not | 26 | | warrant that it has a non-residential customer's (other than a |
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| 1 | | small commercial retail customer's) consent to access interval | 2 | | meter usage data pursuant to subsection (b) of Section 16-122 | 3 | | of the Public Utilities Act unless the contract between the | 4 | | alternative retail electric supplier and the customer | 5 | | explicitly provides the alternative retail electric supplier | 6 | | with permission to access the customer's interval meter usage | 7 | | data. | 8 | | (f) (d) For purposes of this
Section: | 9 | | "Electric service provider"
shall have the meaning given | 10 | | that phrase in
Section 6.5 of the
Attorney General Act.
| 11 | | "Alternative retail electric supplier" has the meaning | 12 | | given to that term in Section 16-102 of the Public Utilities | 13 | | Act. | 14 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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