Full Text of SB1879 103rd General Assembly
SB1879sam001 103RD GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/18/2023
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| 1 | | AMENDMENT TO SENATE BILL 1879
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1879 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by | 5 | | changing Sections 16-115A and 16-122 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 |
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| 1 | | 16-115; | 2 | | (iii) by May 31, 2020 and every June 30 thereafter, | 3 | | shall submit to the Commission and the Office of the | 4 | | Attorney General the rates the retail electric supplier | 5 | | charged to residential customers in the prior year, | 6 | | including each distinct rate charged and whether the rate | 7 | | was a fixed or variable rate, the basis for the variable | 8 | | rate, and any fees charged in addition to the supply rate, | 9 | | including monthly fees, flat fees, or other service | 10 | | charges; and | 11 | | (iv) 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, | 16 | | early termination fees, and kilowatt-hour charges.
| 17 | | (b) An alternative retail electric supplier shall obtain | 18 | | verifiable
authorization from a customer, in a form or manner | 19 | | approved by the Commission
consistent with Section 2EE of the | 20 | | Consumer Fraud and Deceptive Business
Practices Act, before | 21 | | the customer is switched from another supplier.
| 22 | | (c) No alternative retail electric supplier, or electric
| 23 | | utility other than the electric utility in whose service area
| 24 | | a customer is located, shall (i) enter into or employ any
| 25 | | arrangements which have the effect of preventing a retail
| 26 | | customer with a maximum electrical demand of less than one
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| 1 | | megawatt from having access to the services of the electric
| 2 | | utility in whose service area the customer is located or (ii)
| 3 | | charge retail customers for such access. This subsection shall | 4 | | not be
construed to prevent an arms-length agreement between a
| 5 | | supplier and a retail customer that sets a term of service, | 6 | | notice
period for terminating service and provisions governing | 7 | | early
termination through a tariff or contract as allowed by | 8 | | Section 16-119.
| 9 | | (d) An alternative retail electric supplier that is
| 10 | | certified to serve residential or small commercial retail
| 11 | | customers shall not:
| 12 | | (1) deny service to a customer or group of customers
| 13 | | nor establish any differences as to prices, terms,
| 14 | | conditions, services, products, facilities, or in any
| 15 | | other respect, whereby such denial or differences are | 16 | | based upon
race, gender or income, except as provided in | 17 | | Section 16-115E.
| 18 | | (2) deny service to a customer or group of customers | 19 | | based on locality
nor establish any unreasonable | 20 | | difference as to prices,
terms, conditions, services, | 21 | | products, or facilities as
between localities.
| 22 | | (3) warrant that it has a residential customer or | 23 | | small commercial retail customer's express consent | 24 | | agreement to access interval data as described in | 25 | | subsection (b) of Section 16-122, unless the alternative | 26 | | retail electric supplier has: |
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| 1 | | (A) disclosed to the consumer at the outset of the | 2 | | offer that the alternative retail electric supplier | 3 | | will access the consumer's interval data from the | 4 | | consumer's utility with the consumer's express | 5 | | agreement and the consumer's option to refuse to | 6 | | provide express agreement to access the consumer's | 7 | | interval data; and | 8 | | (B) obtained the consumer's express agreement for | 9 | | the alternative retail electric supplier to access the | 10 | | consumer's interval data from the consumer's utility | 11 | | in a separate letter of agency, a distinct response to | 12 | | a third-party verification, or as a separate | 13 | | affirmative consent during a recorded enrollment | 14 | | initiated by the consumer. The disclosure by the | 15 | | alternative retail electric supplier to the consumer | 16 | | in this Section shall be conducted in, translated | 17 | | into, and provided in a language in which the consumer | 18 | | subject to the disclosure is able to understand and | 19 | | communicate. | 20 | | (4) release, sell, license, or otherwise disclose any | 21 | | customer interval data obtained under Section 16-122 to | 22 | | any third person except as provided for in Section 16-122 | 23 | | and paragraphs (1) through (4) of subsection (d-5) of | 24 | | Section 2EE of the Consumer Fraud and Deceptive Business | 25 | | Practices Act. | 26 | | (e) An alternative retail electric supplier shall comply
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| 1 | | with the following requirements with respect to the marketing,
| 2 | | offering and provision of products or services to residential
| 3 | | and small commercial retail customers:
| 4 | | (i) All marketing materials, including, but not | 5 | | limited to, electronic marketing materials, in-person | 6 | | solicitations, and telephone solicitations, shall contain | 7 | | information that adequately
discloses the prices, terms, | 8 | | and conditions of the
products or services that the | 9 | | alternative retail
electric supplier is offering or | 10 | | selling to the
customer and shall disclose the current | 11 | | utility electric supply price to compare applicable at the | 12 | | time the alternative retail electric supplier is offering | 13 | | or selling the products or services to the customer and | 14 | | shall disclose the date on which the utility electric | 15 | | supply price to compare became effective and the date on | 16 | | which it will expire. The utility electric supply price to | 17 | | compare shall be the sum of the electric supply charge and | 18 | | the transmission services charge and shall not include the | 19 | | purchased electricity adjustment. The disclosure shall | 20 | | include a statement that the price to compare does not | 21 | | include the purchased electricity adjustment, and, if | 22 | | applicable, the range of the purchased electricity | 23 | | adjustment. All marketing materials, including, but not | 24 | | limited to, electronic marketing materials, in-person | 25 | | solicitations, and telephone solicitations, shall include | 26 | | the following statement:
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| 1 | | "(Name of the alternative retail electric | 2 | | supplier) is not the same entity as your electric | 3 | | delivery company. You are not required to enroll with | 4 | | (name of alternative retail electric supplier). | 5 | | Beginning on (effective date), the electric supply | 6 | | price to compare is (price in cents per kilowatt | 7 | | hour). The electric utility electric supply price will | 8 | | expire on (expiration date). The utility electric | 9 | | supply price to compare does not include the purchased | 10 | | electricity adjustment factor. For more information go | 11 | | to the Illinois Commerce Commission's free website at | 12 | | www.pluginillinois.org.". | 13 | | If applicable, the statement shall also include the | 14 | | following statement: | 15 | | "The purchased electricity adjustment factor may | 16 | | range between +.5 cents and -.5 cents per kilowatt | 17 | | hour.". | 18 | | This paragraph (i) does not apply to goodwill or | 19 | | institutional advertising. | 20 | | (ii) Before any customer is switched from
another | 21 | | supplier, the alternative retail electric
supplier shall | 22 | | give the customer written information
that adequately | 23 | | discloses, in plain language, the
prices, terms and | 24 | | conditions of the products and
services being offered and | 25 | | sold to the customer. This written information shall be | 26 | | provided in a language in which the customer subject to |
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| 1 | | the marketing or solicitation is able to understand and | 2 | | communicate, and the alternative retail electric supplier | 3 | | shall not switch a customer who is unable to understand | 4 | | and communicate in a language in which the marketing or | 5 | | solicitation was conducted. The alternative retail | 6 | | electric supplier shall comply with Section 2N of the | 7 | | Consumer Fraud and Deceptive Business Practices Act.
| 8 | | (iii) An alternative retail electric supplier
shall | 9 | | provide documentation to the Commission and to
customers | 10 | | that substantiates any claims made by the
alternative | 11 | | retail electric supplier regarding the
technologies and | 12 | | fuel types used to generate the
electricity offered or | 13 | | sold to customers.
| 14 | | (iv) The alternative retail electric supplier
shall | 15 | | provide to the customer (1) itemized billing
statements | 16 | | that describe the products and services
provided to the | 17 | | customer and their prices, and (2)
an additional | 18 | | statement, at least annually, that
adequately discloses | 19 | | the average monthly prices, and
the terms and conditions, | 20 | | of the products and
services sold to the customer. | 21 | | (v) All in-person and telephone solicitations shall be | 22 | | conducted in, translated into, and provided in a language | 23 | | in which the consumer subject to the marketing or | 24 | | solicitation is able to understand and communicate. An | 25 | | alternative retail electric supplier shall terminate a | 26 | | solicitation if the consumer subject to the marketing or |
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| 1 | | communication is unable to understand and communicate in | 2 | | the language in which the marketing or solicitation is | 3 | | being conducted. An alternative retail electric supplier | 4 | | shall comply with Section 2N of the Consumer Fraud and | 5 | | Deceptive Business Practices Act. | 6 | | (vi) Each alternative retail electric supplier shall | 7 | | conduct training for individual representatives engaged in | 8 | | in-person solicitation and telemarketing to residential | 9 | | customers on behalf of that alternative retail electric | 10 | | supplier prior to conducting any such solicitations on the | 11 | | alternative retail electric supplier's behalf. Each | 12 | | alternative retail electric supplier shall submit a copy | 13 | | of its training material to the Commission on an annual | 14 | | basis and the Commission shall have the right to review | 15 | | and require updates to the material. After initial | 16 | | training, each alternative retail electric supplier shall | 17 | | be required to conduct refresher training for its | 18 | | individual representatives every 6 months.
| 19 | | (f) An alternative retail electric supplier may limit
the | 20 | | overall size or availability of a service offering by
| 21 | | specifying one or more of the following: a maximum number of
| 22 | | customers, maximum amount of electric load to be served, time
| 23 | | period during which the offering will be available, or other
| 24 | | comparable limitation, but not including the geographic
| 25 | | locations of customers within the area which the alternative
| 26 | | retail electric supplier is certificated to serve. The
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| 1 | | alternative retail electric supplier shall file the terms and
| 2 | | conditions of such service offering including the applicable
| 3 | | limitations with the Commission prior to making the service
| 4 | | offering available to customers.
| 5 | | (g) Nothing in this Section shall be construed as
| 6 | | preventing an alternative retail electric supplier,
which is | 7 | | an affiliate of, or which contracts with, (i) an
industry or | 8 | | trade organization or association, (ii) a
membership | 9 | | organization or association that exists for a
purpose other | 10 | | than the purchase of electricity, or (iii)
another | 11 | | organization that meets criteria established in a rule
adopted | 12 | | by the Commission, from offering through the
organization or | 13 | | association services at prices, terms and
conditions that are | 14 | | available solely to the members of the
organization or | 15 | | association.
| 16 | | (Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.)
| 17 | | (220 ILCS 5/16-122)
| 18 | | Sec. 16-122. Customer information.
| 19 | | (a) Upon the request of a retail customer, or a person
who | 20 | | presents verifiable authorization and is acting as the
| 21 | | customer's agent, and payment of a reasonable fee, electric
| 22 | | utilities shall provide to the customer or its authorized
| 23 | | agent the customer's billing and usage data.
| 24 | | (b) Upon request from any alternative retail electric
| 25 | | supplier and payment of a reasonable fee, an electric utility
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| 1 | | serving retail customers in its service area shall make
| 2 | | available generic information concerning the usage, load shape
| 3 | | curve or other general characteristics of customers by rate
| 4 | | classification. Provided however, no customer specific
| 5 | | billing, usage or load shape data shall be provided under this
| 6 | | subsection unless authorization to provide such information is
| 7 | | provided by the customer pursuant to subsection (a) of this
| 8 | | Section.
| 9 | | Notwithstanding the requirements of this Section, if an | 10 | | alternative retail electric supplier warrants to an electric | 11 | | utility serving more than 500,000 retail customers that the | 12 | | alternative retail electric supplier's customer has provided | 13 | | consent as described in subsection (d-5) of Section 2EE of the | 14 | | Consumer Fraud and Deceptive Business Practices Act, then | 15 | | until either the customer contacts the alternative retail | 16 | | electric supplier to opt out or the customer is no longer | 17 | | served by the alternative retail electric supplier: | 18 | | (1) An electric utility serving more than 500,000 | 19 | | retail customers shall electronically transmit interval | 20 | | meter usage data at the end of each monthly billing period | 21 | | for each residential retail customer for which the | 22 | | alternative retail electric supplier is providing electric | 23 | | power and energy supply service, for which the alternative | 24 | | retail electric supplier has requested such information, | 25 | | and for which the electric utility meters the residential | 26 | | customer using automated metering infrastructure |
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| 1 | | equipment. Such data transmission shall occur no later | 2 | | than one business day after the electric utility serving | 3 | | more than 500,000 retail customers validates the interval | 4 | | meter usage data with the monthly billing period for such | 5 | | residential retail customer through an electronic data | 6 | | interchange or secure interface for which the alternative | 7 | | retail electric supplier has requested such information | 8 | | and upon payment of a reasonable and amortized fee to | 9 | | recover the utility's prudently and reasonably incurred | 10 | | costs, approved by the Commission after notice and | 11 | | hearing, to provide this service. The interval meter usage | 12 | | data shall be provided at a minimum on an hourly basis or | 13 | | on a 30-minute basis. In addition, not later than the | 14 | | following day, the electric utility shall provide | 15 | | unverified interval data through an electronic data | 16 | | interchange or secure interface for which the alternative | 17 | | retail electric supplier has requested such information | 18 | | and upon payment of a reasonable and amortized fee to | 19 | | recover the utility's prudently and reasonably incurred | 20 | | costs, approved by the Commission after notice and | 21 | | hearing, to provide this service. The unverified interval | 22 | | meter usage data shall be provided at a minimum on an | 23 | | hourly basis or on a 30-minute basis. The same processes | 24 | | shall apply for nonresidential retail customers. | 25 | | (2) An electric utility serving more than 500,000 | 26 | | retail customers shall submit tariffs to the Commission |
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| 1 | | for approval within 120 days of the effective date of this | 2 | | amendatory Act of the 103rd General Assembly to meet the | 3 | | minimum requirements of paragraph (1) and provide such | 4 | | services no later than June 1, 2025. The Commission shall | 5 | | issue an order approving, or approving with modification | 6 | | to ensure compliance with this Section, the tariff no | 7 | | later than 240 days after such filing of the tariffs filed | 8 | | as described in this Section. | 9 | | (3) Nothing in this amendatory Act of the 103rd | 10 | | General Assembly prohibits such utility proposing new | 11 | | tariffs as described in Article IX to the extent such | 12 | | tariffs are consistent with the requirements of this | 13 | | amendatory Act of the 103rd General Assembly. Nothing in | 14 | | this amendatory Act of the 103rd General Assembly shall | 15 | | require such electric utility to alter its tariffs or | 16 | | practices to the extent that they: (i) provide interval | 17 | | data with shorter intervals; (ii) provide interval data | 18 | | more frequently than monthly; or (iii) provide other | 19 | | enhancements beyond the minimum standards required by | 20 | | paragraph (1). | 21 | | (4) An alternative retail electric supplier shall use | 22 | | such interval meter usage data exclusively for the | 23 | | development, marketing, and provision of current and | 24 | | future products and services to enable such customers to | 25 | | more easily and effectively manage their energy | 26 | | consumption, including, but not limited to, time-of-use |
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| 1 | | pricing, demand response, energy efficiency or management, | 2 | | beneficial electrification, on-site or community | 3 | | generation, or any other electricity-related products or | 4 | | services or customer billing or as otherwise authorized by | 5 | | the Commission. | 6 | | (5) An alternative retail electric supplier shall not | 7 | | sell interval data obtained under this Section. An | 8 | | alternative retail electric supplier shall not provide, | 9 | | share, or otherwise disclose a consumer's interval meter | 10 | | data obtained under this Section, except an alternative | 11 | | retail electric supplier may license or disclose a | 12 | | customer's interval meter data obtained under this Section | 13 | | if the following conditions are met: (i) the license or | 14 | | disclosure is made to an alternative retail electric | 15 | | supplier's affiliate or a third party with which the | 16 | | alternative retail electric supplier has a contract; (ii) | 17 | | the disclosure of a customer's interval meter data is made | 18 | | only to perform the following functions on behalf of the | 19 | | alternative retail electric supplier: billing and | 20 | | invoicing, administration of the product or service | 21 | | provided to the customer, or pricing products and services | 22 | | for the customer; and (iii) the alternative retail | 23 | | electric supplier maintains responsibility for ensuring | 24 | | that its affiliates and contracted third parties purge | 25 | | such data upon termination of their contract, ownership, | 26 | | affiliation, or license or other agreement, or to the |
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| 1 | | extent that the customer interval data is no longer | 2 | | necessary for the affiliate or contracted third party to | 3 | | perform the function for which the customer interval data | 4 | | was provided. An alternative retail electric supplier may | 5 | | not provide a customer's interval meter data obtained | 6 | | under this Section to a sales agent, broker, or consultant | 7 | | for the purpose of marketing to that specific customer. An | 8 | | alternative retail electric supplier shall be strictly | 9 | | liable under the Consumer Fraud and Deceptive Business | 10 | | Practices Act, this Act, and any other applicable law for | 11 | | any improper or unauthorized disclosure of customer | 12 | | interval data by it or any entity to which it discloses | 13 | | such customer interval data, regardless of whether such | 14 | | data was disclosed under the terms of this Section. | 15 | | (6) Nothing in this Section prohibits an electric | 16 | | utility serving more than 500,000 retail customers from | 17 | | providing interval metering data to an alternative retail | 18 | | electric supplier as otherwise authorized by law or order | 19 | | of the Commission. | 20 | | (7) The Commission shall set such fee, after notice | 21 | | and hearing pursuant to paragraph (1) and cost recovery to | 22 | | provide data or services, including any and all data or | 23 | | services provided or proposed under paragraphs (1) through | 24 | | (3) or otherwise authorized by this amendatory Act of the | 25 | | 103rd General Assembly, which shall be designed to obtain | 26 | | cost recovery solely from alternative retail electric |
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| 1 | | suppliers. The fee shall be paid by all alternative retail | 2 | | electric suppliers that are authorized to provide service | 3 | | to residential customers in the electric utility's service | 4 | | territory on a periodic basis as set forth in the tariff. | 5 | | The Commission shall not establish a fee that is so high as | 6 | | to deter competition or competitive supply offerings in | 7 | | the State, or deny a utility a reasonable opportunity to | 8 | | recover its cost of providing public utility service | 9 | | pursuant to this Act. The Commission may at any time | 10 | | review the reasonableness of the fee established pursuant | 11 | | to this Section upon its own motion or petition of an | 12 | | interested party. | 13 | | (c) Upon request from a unit of local government and | 14 | | payment of a
reasonable fee, an electric utility shall make | 15 | | available information concerning
the usage, load shape curves, | 16 | | and other characteristics of customers by
customer | 17 | | classification and location within the boundaries of the unit | 18 | | of local
government, however, no customer specific billing, | 19 | | usage, or load shape data
shall be provided under this | 20 | | subsection unless authorization to provide that
information is | 21 | | provided by the customer. This subsection (c) does not | 22 | | prohibit an electric utility from providing a unit of local | 23 | | government or its designated auditor the materials delineated | 24 | | in Section 8-11-2.5 of the Illinois Municipal Code for the | 25 | | purposes of an audit under that Section.
| 26 | | (d) All such customer information shall be made available
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| 1 | | in a timely fashion in an electronic format, if available.
| 2 | | (Source: P.A. 102-1144, eff. 3-17-23.)
| 3 | | Section 10. The Consumer Fraud and Deceptive Business | 4 | | Practices Act is amended by changing Section 2EE as follows:
| 5 | | (815 ILCS 505/2EE)
| 6 | | Sec. 2EE. Alternative retail electric supplier selection. | 7 | | (a) An alternative retail electric supplier shall not | 8 | | submit or execute
a change in a consumer's selection of a | 9 | | provider of electric
service unless and until: | 10 | | (i) the alternative retail electric supplier first | 11 | | discloses all material terms and conditions of the offer | 12 | | to the consumer; | 13 | | (ii) if the consumer is a small commercial retail | 14 | | customer as that term is defined in subsection (c) of this | 15 | | Section or a residential consumer, the alternative retail | 16 | | electric supplier discloses the utility electric supply | 17 | | price to compare, which shall be the sum of the electric | 18 | | supply charge and the transmission services charge, and | 19 | | shall not include the purchased electricity adjustment, | 20 | | applicable at the time the offer is made to the consumer; | 21 | | (iii) if the consumer is a small commercial retail | 22 | | customer as that term is defined in subsection (c) of this | 23 | | Section or a residential consumer, the alternative retail | 24 | | electric provider discloses the following statement: |
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| 1 | | "(Name of the alternative retail electric | 2 | | supplier) is not the same entity as your electric | 3 | | delivery company. You are not required to enroll with | 4 | | (name of alternative retail electric supplier). As of | 5 | | (effective date), the electric supply price to compare | 6 | | is currently (price in cents per kilowatt hour). The | 7 | | electric utility electric supply price will expire on | 8 | | (expiration date). The utility electric supply price | 9 | | to compare does not include the purchased electricity | 10 | | adjustment factor. For more information go to the | 11 | | Illinois Commerce Commission's free website at | 12 | | www.pluginillinois.org.". | 13 | | If applicable, the statement shall include the | 14 | | following statement: | 15 | | "The purchased electricity adjustment factor may | 16 | | range between +.5 cents and -.5 cents per kilowatt | 17 | | hour."; | 18 | | (iv) the alternative retail electric supplier has | 19 | | obtained the consumer's express agreement to accept the | 20 | | offer after the disclosure of all material terms and | 21 | | conditions of the offer; and | 22 | | (v) the alternative retail electric supplier has | 23 | | confirmed the request for a change in accordance with one | 24 | | of the following procedures:
| 25 | | (A) The new alternative retail electric supplier | 26 | | has obtained the consumer's
written or electronically |
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| 1 | | signed
authorization in a form that meets the
| 2 | | following requirements:
| 3 | | (1) An alternative retail electric supplier | 4 | | shall obtain any
necessary written or | 5 | | electronically signed authorization from a | 6 | | consumer for a
change in electric service by using | 7 | | a letter of agency as
specified in this
Section. | 8 | | Any letter of agency that does
not conform with | 9 | | this
Section is invalid.
| 10 | | (2) The letter of agency shall be a separate
| 11 | | document (an easily separable document containing | 12 | | only
the authorization language described in | 13 | | subparagraph (5)) whose sole purpose is to | 14 | | authorize an
electric service provider change. The | 15 | | letter of agency
must be signed and dated by the | 16 | | consumer requesting the
electric service provider | 17 | | change.
| 18 | | (3) The letter of agency shall not be combined | 19 | | with
inducements of any kind on the same document.
| 20 | | (4) Notwithstanding subparagraphs (1) and (2), | 21 | | the letter of agency may be combined with
checks | 22 | | that contain only the required letter of agency
| 23 | | language prescribed in subparagraph (5) and
the | 24 | | necessary information to make the check a | 25 | | negotiable
instrument. The letter of agency check | 26 | | shall not contain
any promotional language or |
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| 1 | | material. The letter of
agency check shall contain | 2 | | in easily readable, bold-face
type on the face of | 3 | | the check, a notice that the consumer
is | 4 | | authorizing an electric service provider change by
| 5 | | signing the check. The letter of agency language | 6 | | also
shall be placed near the signature line on | 7 | | the back of
the check.
| 8 | | (5) At a minimum, the letter of agency must be
| 9 | | printed with a print of sufficient size to be | 10 | | clearly
legible, and must contain clear and | 11 | | unambiguous language
that confirms:
| 12 | | (i) The consumer's billing name and | 13 | | address;
| 14 | | (ii) The decision to change the electric | 15 | | service
provider from the current provider to | 16 | | the
prospective provider;
| 17 | | (iii) The terms, conditions, and nature of | 18 | | the
service to be provided to the consumer | 19 | | must be
clearly and conspicuously disclosed, | 20 | | in writing, and
an alternative retail electric | 21 | | supplier must directly establish
the rates for | 22 | | the service contracted for by the consumer; | 23 | | and
| 24 | | (iv) That the consumer understand that any
| 25 | | alternative retail electric supplier selection | 26 | | the consumer
chooses may involve a charge to |
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| 1 | | the consumer for
changing the consumer's | 2 | | electric service provider.
| 3 | | (6) Letters of agency shall not suggest or | 4 | | require
that a consumer take some action in order | 5 | | to retain the consumer's
current electric service | 6 | | provider.
| 7 | | (7) If any portion of a letter of agency is
| 8 | | translated into another language, then all | 9 | | portions of
the letter of agency must be | 10 | | translated into that
language.
| 11 | | (B) An appropriately qualified independent third | 12 | | party has obtained, in accordance with the procedures | 13 | | set forth in this subsection (b), the consumer's oral | 14 | | authorization to change electric suppliers that | 15 | | confirms and includes appropriate verification data. | 16 | | The independent third party (i) must not be owned, | 17 | | managed, controlled, or directed by the supplier or | 18 | | the supplier's marketing agent; (ii) must not have any | 19 | | financial incentive to confirm supplier change | 20 | | requests for the supplier or the supplier's marketing | 21 | | agent; and (iii) must operate in a location physically | 22 | | separate from the supplier or the supplier's marketing | 23 | | agent.
| 24 | | Automated third-party verification systems and | 25 | | 3-way conference calls may be used for verification | 26 | | purposes so long as the other requirements of this |
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| 1 | | subsection (b) are satisfied. | 2 | | A supplier or supplier's sales representative | 3 | | initiating a 3-way conference call or a call through | 4 | | an automated verification system must drop off the | 5 | | call once the 3-way connection has been established. | 6 | | All third-party verification methods shall elicit, | 7 | | at a minimum, the following information: (i) the | 8 | | identity of the consumer; (ii) confirmation that the | 9 | | person on the call is the account holder, has been | 10 | | specifically and explicitly authorized by the account | 11 | | holder, or possesses lawful authority to make the | 12 | | supplier change; (iii) confirmation that the person on | 13 | | the call wants to make the supplier change; (iv) the | 14 | | names of the suppliers affected by the change; (v) the | 15 | | service address of the supply to be switched; and (vi) | 16 | | the price of the service to be supplied and the | 17 | | material terms and conditions of the service being | 18 | | offered, including whether any early termination fees | 19 | | apply. Third-party verifiers may not market the | 20 | | supplier's services by providing additional | 21 | | information, including information regarding | 22 | | procedures to block or otherwise freeze an account | 23 | | against further changes. | 24 | | All third-party verifications shall be conducted | 25 | | in the same language that was used in the underlying | 26 | | sales transaction and shall be recorded in their |
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| 1 | | entirety. Submitting suppliers shall maintain and | 2 | | preserve audio records of verification of subscriber | 3 | | authorization for a minimum period of 2 years after | 4 | | obtaining the verification. Automated systems must | 5 | | provide consumers with an option to speak with a live | 6 | | person at any time during the call.
Each disclosure | 7 | | made during the third-party verification must be made | 8 | | individually to obtain clear acknowledgment of each | 9 | | disclosure. The alternative retail electric supplier | 10 | | must be in a location where he or she cannot hear the | 11 | | customer while the third-party verification is | 12 | | conducted. The alternative retail electric supplier | 13 | | shall not contact the customer after the third-party | 14 | | verification for a period of 24 hours unless the | 15 | | customer initiates the contact. | 16 | | (C) When a consumer initiates the call to the | 17 | | prospective alternative retail electric supplier, in | 18 | | order to enroll the consumer as a customer, the | 19 | | prospective alternative retail electric supplier must, | 20 | | with the consent of the customer, make a date-stamped, | 21 | | time-stamped audio recording that elicits, at a | 22 | | minimum, the following information: | 23 | | (1) the identity of the customer; | 24 | | (2) confirmation that the person on the call | 25 | | is authorized to make the supplier change; | 26 | | (3) confirmation that the person on the call |
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| 1 | | wants to make the supplier change; | 2 | | (4) the names of the suppliers affected by the | 3 | | change; | 4 | | (5) the service address of the supply to be | 5 | | switched; and | 6 | | (6) the price of the service to be supplied | 7 | | and the material terms and conditions of the | 8 | | service being offered, including whether any early | 9 | | termination fees apply.
| 10 | | Submitting suppliers shall maintain and preserve | 11 | | the audio records containing the information set forth | 12 | | above for a minimum period of 2 years.
| 13 | | (b)(1) An alternative retail electric supplier shall not | 14 | | utilize the name of a public utility in any manner that is | 15 | | deceptive or misleading, including, but not limited to, | 16 | | implying or otherwise leading a consumer to believe that an | 17 | | alternative retail electric supplier is soliciting on behalf | 18 | | of or is an agent of a utility. An alternative retail electric | 19 | | supplier shall not utilize the name, or any other identifying | 20 | | insignia, graphics, or wording that has been used at any time | 21 | | to represent a public utility company or its services, to | 22 | | identify, label, or define any of its electric power and | 23 | | energy service offers. An alternative retail electric supplier | 24 | | may state the name of a public electric utility in order to | 25 | | accurately describe the electric utility service territories | 26 | | in which the supplier is currently offering an electric power |
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| 1 | | and energy service. An alternative retail electric supplier | 2 | | that is the affiliate of an Illinois public utility and that | 3 | | was doing business in Illinois providing alternative retail | 4 | | electric service on January 1, 2016 may continue to use that | 5 | | public utility's name, logo, identifying insignia, graphics, | 6 | | or wording in its business operations occurring outside the | 7 | | service territory of the public utility with which it is | 8 | | affiliated. | 9 | | (2) An alternative retail electric supplier shall not | 10 | | state or otherwise imply that the alternative retail electric | 11 | | supplier is employed by, representing, endorsed by, or acting | 12 | | on behalf of a utility or utility program, a consumer group or | 13 | | consumer group program, or a governmental body, unless the | 14 | | alternative retail electric supplier has entered into a | 15 | | contractual arrangement with the governmental body and has | 16 | | been authorized by the governmental body to make the | 17 | | statements. | 18 | | (c) An alternative retail electric supplier shall not | 19 | | submit or execute a change in a consumer's selection of a | 20 | | provider of electric service unless the alternative retail | 21 | | electric supplier complies with the following requirements of | 22 | | this subsection (c). It is a violation of this Section for an | 23 | | alternative retail electric supplier to fail to comply with | 24 | | this subsection (c). The requirements of this subsection (c) | 25 | | shall only apply to residential and small commercial retail | 26 | | customers. For purposes of this subsection (c) only, "small |
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| 1 | | commercial retail customer" has the meaning given to that term | 2 | | in Section 16-102 of the Public Utilities Act. | 3 | | (1) During a solicitation an alternative retail | 4 | | electric supplier shall state that he or represents an | 5 | | independent seller of electric power and energy service | 6 | | certified by the Illinois Commerce Commission and that he | 7 | | or she is not employed by, representing, endorsed by, or | 8 | | acting on behalf of, a utility, or a utility program, a | 9 | | consumer group or consumer group program, or a | 10 | | governmental body, unless the alternative retail electric | 11 | | supplier has entered into a contractual arrangement with | 12 | | the governmental body and has been authorized with the | 13 | | governmental body to make the statements. | 14 | | (2) Alternative retail electric suppliers who engage | 15 | | in in-person solicitation for the purpose of selling | 16 | | electric power and energy service offered by the | 17 | | alternative retail electric supplier shall display | 18 | | identification on an outer garment. This identification | 19 | | shall be visible at all times and prominently display the | 20 | | following: (i) the alternative retail electric supplier | 21 | | agent's full name in reasonable size font; (ii) an agent | 22 | | identification number; (iii) a photograph of the | 23 | | alternative retail electric supplier agent; and (iv) the | 24 | | trade name and logo of the alternative retail electric | 25 | | supplier the agent is representing. If the agent is | 26 | | selling electric power and energy services from multiple |
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| 1 | | alternative retail electric suppliers to the consumer, the | 2 | | identification shall display the trade name and logo of | 3 | | the agent, broker, or consultant entity as that entity is | 4 | | defined in Section 16-115C of the Public Utilities Act. An | 5 | | alternative retail electric supplier shall leave the | 6 | | premises at the consumer's, owner's, or occupant's | 7 | | request. A copy of the Uniform Disclosure Statement | 8 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | 9 | | is to be left with the consumer, at the conclusion of the | 10 | | visit unless the consumer refuses to accept a copy. An | 11 | | alternative retail electric supplier may provide the | 12 | | Uniform Disclosure Statement electronically instead of in | 13 | | paper form to a consumer upon that customer's request. The | 14 | | alternative retail electric supplier shall also offer to | 15 | | the consumer, at the time of the initiation of the | 16 | | solicitation, a business card or other material that lists | 17 | | the agent's name, identification number and title, and the | 18 | | alternative retail electric supplier's name and contact | 19 | | information, including phone number. The alternative | 20 | | retail electric supplier shall not conduct any in-person | 21 | | solicitations of consumers at any building or premises | 22 | | where any sign, notice, or declaration of any description | 23 | | whatsoever is posted that prohibits sales, marketing, or | 24 | | solicitations. The alternative retail electric supplier | 25 | | shall obtain consent to enter multi-unit residential | 26 | | dwellings. Consent obtained to enter a multi-unit dwelling |
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| 1 | | from one prospective customer or occupant of the dwelling | 2 | | shall not constitute consent to market to any other | 3 | | prospective consumers without separate consent. | 4 | | (3) An alternative retail electric supplier who | 5 | | contacts consumers by telephone for the purpose of selling | 6 | | electric power and energy service shall provide the | 7 | | agent's name and identification number. Any telemarketing | 8 | | solicitations that lead to a telephone enrollment of a | 9 | | consumer must be recorded and retained for a minimum of 2 | 10 | | years. All telemarketing calls of consumers that do not | 11 | | lead to a telephone enrollment, but last at least 2 | 12 | | minutes, shall be recorded and retained for a minimum of 6 | 13 | | months. | 14 | | (4) During an inbound enrollment call, an alternative | 15 | | retail electric supplier shall state that he or she | 16 | | represents an independent seller of electric power and | 17 | | energy service certified by the Illinois Commerce | 18 | | Commission. All inbound enrollment calls that lead to an | 19 | | enrollment shall be recorded, and the recordings shall be | 20 | | retained for a minimum of 2 years. An inbound enrollment | 21 | | call that does not lead to an enrollment, but lasts at | 22 | | least 2 minutes, shall be retained for a minimum of 6 | 23 | | months. The alternative retail electric supplier shall | 24 | | send the Uniform Disclosure Statement and contract to the | 25 | | customer within 3 business days after the electric | 26 | | utility's confirmation to the alternative retail electric |
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| 1 | | supplier of an accepted enrollment. | 2 | | (5) If a direct mail solicitation to a consumer | 3 | | includes a written letter of agency, it shall include the | 4 | | Uniform Disclosure Statement described in 83 Ill. Adm. | 5 | | Code 412.115 and 412.Appendix A. The Uniform Disclosure | 6 | | Statement shall be provided on a separate page from the | 7 | | other marketing materials included in the direct mail | 8 | | solicitation. If a written letter of agency is being used | 9 | | to authorize a consumer's enrollment, the written letter | 10 | | of agency shall comply with this Section. A copy of the | 11 | | contract must be sent to the consumer within 3 business | 12 | | days after the electric utility's confirmation to the | 13 | | alternative retail electric supplier of an accepted | 14 | | enrollment. | 15 | | (6) Online Solicitation. | 16 | | (A) Each alternative retail electric supplier | 17 | | offering electric power and energy service to | 18 | | consumers online shall clearly and conspicuously make | 19 | | all disclosures for any services offered through | 20 | | online enrollment before requiring the consumer to | 21 | | enter any personal information other than zip code, | 22 | | electric utility service territory, or type of service | 23 | | sought. | 24 | | (B) Notwithstanding any requirements in this | 25 | | Section to the contrary, an alternative retail | 26 | | electric supplier may secure consent from the consumer |
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| 1 | | to obtain customer-specific billing and usage | 2 | | information for the sole purpose of determining and | 3 | | pricing a product through a letter of agency or method | 4 | | approved through an Illinois Commerce Commission | 5 | | docket before making all disclosure for services | 6 | | offered through online enrollment. It is a violation | 7 | | of this Act for an alternative retail electric | 8 | | supplier to use a consumer's utility account number to | 9 | | execute or change a consumer's enrollment unless the | 10 | | consumer expressly consents to that enrollment as | 11 | | required by law. | 12 | | (C) The enrollment website of the alternative | 13 | | retail electric supplier shall, at a minimum, include: | 14 | | (i) disclosure of all material terms and conditions of | 15 | | the offer; (ii) a statement that electronic acceptance | 16 | | of the terms and conditions is an agreement to | 17 | | initiate service and begin enrollment; (iii) a | 18 | | statement that the consumer shall review the contract | 19 | | or contact the current supplier to learn if any early | 20 | | termination fees are applicable; and (iv) an email | 21 | | address and toll-free phone number of the alternative | 22 | | retail electric supplier where the customer can | 23 | | express a decision to rescind the contract. | 24 | | (7)(A) Beginning January 1, 2020, an alternative | 25 | | retail electric supplier shall not sell or offer to sell | 26 | | any products or services to a consumer pursuant to a |
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| 1 | | contract in which the contract automatically renews, | 2 | | unless an alternative retail electric supplier provides to | 3 | | the consumer at the outset of the offer, in addition to | 4 | | other disclosures required by law, a separate written | 5 | | statement titled "Automatic Contract Renewal" that clearly | 6 | | and conspicuously discloses in bold lettering in at least | 7 | | 12-point font the terms and conditions of the automatic | 8 | | contract renewal provision, including: (i) the estimated | 9 | | bill cycle on which the initial contract term expires and | 10 | | a statement that it could be later based on when the | 11 | | utility accepts the initial enrollment; (ii) the estimated | 12 | | bill cycle on which the new contract term begins and a | 13 | | statement that it will immediately follow the last billing | 14 | | cycle of the current term; (iii) the procedure to | 15 | | terminate the contract before the new contract term | 16 | | applies; and (iv) the cancellation procedure. If the | 17 | | alternative retail electric supplier sells or offers to | 18 | | sell the products or services to a consumer during an | 19 | | in-person solicitation or telemarketing solicitation, the | 20 | | disclosures described in this subparagraph (A) shall also | 21 | | be made to the consumer verbally during the solicitation. | 22 | | Nothing in this subparagraph (A) shall be construed to | 23 | | apply to contracts entered into before January 1, 2020. | 24 | | (B) At least 30 days before, but not more than 60 | 25 | | days prior, to the end of the initial contract term, in | 26 | | any and all contracts that automatically renew after |
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| 1 | | the initial term, the alternative retail electric | 2 | | supplier shall send, in addition to other disclosures | 3 | | required by law, a separate written notice of the | 4 | | contract renewal to the consumer that clearly and | 5 | | conspicuously discloses the following: | 6 | | (i) a statement printed or visible from the | 7 | | outside of the envelope or in the subject line of | 8 | | the email, if the customer has agreed to receive | 9 | | official documents by email, that states "Contract | 10 | | Renewal Notice"; | 11 | | (ii) a statement in bold lettering, in at | 12 | | least 12-point font, that the contract will | 13 | | automatically renew unless the customer cancels | 14 | | it; | 15 | | (iii) the billing cycle in which service under | 16 | | the current term will expire; | 17 | | (iv) the billing cycle in which service under | 18 | | the new term will begin; | 19 | | (v) the process and options available to the | 20 | | consumer to reject the new contract terms; | 21 | | (vi) the cancellation process if the | 22 | | consumer's contract automatically renews before | 23 | | the consumer rejects the new contract terms; | 24 | | (vii) the terms and conditions of the new | 25 | | contract term; | 26 | | (viii) for a fixed rate contract, a |
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| 1 | | side-by-side comparison of the current price and | 2 | | the new price; for a variable rate contract or | 3 | | time-of-use product in which the first month's | 4 | | renewal price can be determined, a side-by-side | 5 | | comparison of the current price and the price for | 6 | | the first month of the new variable or time-of-use | 7 | | price; or for a variable or time-of-use contract | 8 | | based on a publicly available index, a | 9 | | side-by-side comparison of the current formula and | 10 | | the new formula; and | 11 | | (ix) the phone number and Internet address to | 12 | | submit a consumer inquiry or complaint to the | 13 | | Illinois Commerce Commission and the Office of the | 14 | | Attorney General. | 15 | | (C) An alternative retail electric supplier shall | 16 | | not automatically renew a consumer's enrollment after | 17 | | the current term of the contract expires when the | 18 | | current term of the contract provides that the | 19 | | consumer will be charged a fixed rate and the renewed | 20 | | contract provides that the consumer will be charged a | 21 | | variable rate, unless: (i) the alternative retail | 22 | | electric supplier complies with subparagraphs (A) and | 23 | | (B); and (ii) the customer expressly consents to the | 24 | | contract renewal in writing or by electronic signature | 25 | | at least 30 days, but no more than 60 days, before the | 26 | | contract expires. |
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| 1 | | (D) This paragraph (7) does not apply to customers | 2 | | enrolled in a municipal aggregation program pursuant | 3 | | to Section 1-92 of the Illinois Power Agency Act. | 4 | | (8) All in-person and telephone solicitations shall be | 5 | | conducted in, translated into, and provided in a language | 6 | | in which the consumer subject to the marketing or | 7 | | solicitation is able to understand and communicate. An | 8 | | alternative retail electric supplier shall terminate a | 9 | | solicitation if the consumer subject to the marketing or | 10 | | communication is unable to understand and communicate in | 11 | | the language in which the marketing or solicitation is | 12 | | being conducted. An alternative retail electric supplier | 13 | | shall comply with Section 2N of this Act. | 14 | | (9) Beginning January 1, 2020, consumers shall have | 15 | | the right to terminate their contract with the alternative | 16 | | retail electric supplier at any time without any | 17 | | termination fees or penalties. | 18 | | (10) An alternative retail electric supplier shall not | 19 | | submit a change to a customer's electric service provider | 20 | | in violation of Section 16-115E of the Public Utilities | 21 | | Act. | 22 | | (d) Complaints may be filed with the Illinois Commerce | 23 | | Commission under this Section by a consumer whose electric | 24 | | service has been provided by an alternative retail electric | 25 | | supplier in a manner not in compliance with this Section or by | 26 | | the Illinois Commerce Commission on its own motion when it |
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| 1 | | appears to the Commission that an alternative retail electric | 2 | | supplier has provided service in a manner not in compliance | 3 | | with this Section. If, after notice and hearing, the | 4 | | Commission finds that an alternative retail electric supplier | 5 | | has violated this Section, the Commission may in its | 6 | | discretion do any one or more of the following: | 7 | | (1) Require the violating alternative retail electric | 8 | | supplier to refund to the consumer charges collected in | 9 | | excess of those that would have been charged by the | 10 | | consumer's authorized electric service provider. | 11 | | (2) Require the violating alternative retail electric | 12 | | supplier to pay to the consumer's authorized electric | 13 | | service provider the amount the authorized electric | 14 | | service provider would have collected for the electric | 15 | | service. The Commission is authorized to reduce this | 16 | | payment by any amount already paid by the violating | 17 | | alternative retail electric supplier to the consumer's | 18 | | authorized provider for electric service. | 19 | | (3) Require the violating alternative retail electric | 20 | | supplier to pay a fine of up to $10,000 into the Public | 21 | | Utility Fund for each violation of this Section. | 22 | | (4) Issue a cease and desist order. | 23 | | (5) For a pattern of violation of this Section or for | 24 | | violations that continue after a cease and desist order, | 25 | | revoke the violating alternative retail electric | 26 | | supplier's certificate of service authority.
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| 1 | | (d-5)(1) Before an alternative retail electric supplier | 2 | | may
warrant that it has a residential customer or small | 3 | | commercial
retail customer's express consent agreement to | 4 | | access interval
data as described in subsection (b) of Section | 5 | | 16-122 of the
Public Utilities Act, the alternative retail | 6 | | electric supplier
shall: (i) disclose to the consumer at the | 7 | | outset of the offer
that the alternative retail electric | 8 | | supplier will access the
consumer's interval data from the | 9 | | consumer's utility with the
consumer's express agreement, and | 10 | | the consumer's option to
refuse to provide express agreement | 11 | | to access the consumer's
interval data; and (ii) obtain the | 12 | | consumer's express
agreement for the alternative retail | 13 | | electric supplier to
access the consumer's interval data from | 14 | | the consumer's utility in a separate letter of agency, a | 15 | | distinct response to a third-party verification, or during a | 16 | | recorded enrollment
initiated by the consumer with the | 17 | | consumer's consent. The
disclosure by the alternative retail | 18 | | electric supplier to the
consumer in this Section shall be | 19 | | conducted in, translated
into, and provided in a language in | 20 | | which the consumer subject
to the disclosure is able to | 21 | | understand and communicate. | 22 | | (2) Before an alternative retail electric supplier may
| 23 | | warrant to an electric utility that it has an express
| 24 | | agreement from a residential customer or small commercial
| 25 | | retail customer who was enrolled with the alternative retail
| 26 | | electric supplier prior to the effective date of this
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| 1 | | amendatory Act of the 103rd General Assembly to access the
| 2 | | consumer's interval data as described in subsection (b)of | 3 | | Section
16-122 of the Public Utilities Act, an alternative | 4 | | retail
electric supplier shall: (i) disclose to the consumer | 5 | | that the
alternative retail electric supplier will access the
| 6 | | consumer's interval data from the consumer's utility with the | 7 | | consumer's express agreement, which is a material change to
| 8 | | the consumer's existing contract terms, and the consumer's
| 9 | | option to refuse to provide express agreement to access the
| 10 | | consumer's interval data; and (ii) obtain the consumer's
| 11 | | express agreement for the alternative retail electric supplier
| 12 | | to change the consumer's material contract terms to access the
| 13 | | consumer's interval data from the consumer's utility in a
| 14 | | separate letter of agency, a distinct response to a
| 15 | | third-party verification, or during a recorded enrollment | 16 | | initiated by the consumer with the consumer's consent. The
| 17 | | disclosure by the alternative retail electric supplier to the
| 18 | | consumer in this Section shall be conducted in, translated
| 19 | | into, and provided in a language in which the consumer subject
| 20 | | to the disclosure is able to understand and communicate. | 21 | | (3) An alternative retail electric supplier may refuse to
| 22 | | enroll or may disenroll a residential customer or small
| 23 | | commercial retail customer in a product or service as | 24 | | described in
paragraph (4) of subsection (b) of Section 16-122 | 25 | | of the
Public Utilities Act if the residential customer or | 26 | | small
commercial retail customer does not provide or revokes |
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| 1 | | consent
under this subsection. | 2 | | (4) An alternative retail electric supplier shall not
| 3 | | warrant that it has a non residential customer's, other than a
| 4 | | small commercial retail customer, consent to access interval
| 5 | | data as described in subsection (b) of Section 16-122 of the
| 6 | | Public Utilities Act unless the contract between the
| 7 | | alternative retail electric supplier and the customer
| 8 | | explicitly provides the alternative retail electric supplier
| 9 | | with permission to access the customer's interval meter usage
| 10 | | data. An alternative retail electric supplier shall not | 11 | | release, sell, license, or otherwise disclose any customer | 12 | | interval data obtained under Section 16-122 of the Public | 13 | | Utilities Act to any third person except as provided for in | 14 | | Section 16-122 of the Public Utilities Act. | 15 | | (e) For purposes of this
Section: | 16 | | "Electric service provider"
shall have the meaning given | 17 | | that phrase in
Section 6.5 of the
Attorney General Act.
| 18 | | "Alternative retail electric supplier" has the meaning | 19 | | given to that term in Section 16-102 of the Public Utilities | 20 | | Act. | 21 | | (Source: P.A. 101-590, eff. 1-1-20; 102-958, eff. 1-1-23; | 22 | | revised 12-13-22.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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