Full Text of HB5378 96th General Assembly
HB5378eng 96TH GENERAL ASSEMBLY
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HB5378 Engrossed |
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| AN ACT concerning utilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Section 16-117 as follows:
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| (220 ILCS 5/16-117)
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| Sec. 16-117. Commission consumer education program.
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| (a) The restructuring of the electricity industry will
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| create a new electricity market with new marketers and sellers
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| offering new goods and services, many of which the average
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| consumer will not be able to readily evaluate. It is the
intent | 12 |
| of the General Assembly that (i) electricity consumers
be | 13 |
| provided with sufficient and reliable information so that
they | 14 |
| are able to compare and make informed selections of
products | 15 |
| and services provided in the electricity market; and
(ii) | 16 |
| mechanisms be provided to enable consumers to protect
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| themselves from marketing practices that are unfair or
abusive.
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| (b) The Commission shall implement and maintain a
consumer | 19 |
| education program to provide residential and small
commercial | 20 |
| retail customers with information to help them
understand their | 21 |
| service options in a competitive electric
services market, and | 22 |
| their rights and responsibilities.
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| (c) The Commission shall form a working group following
the |
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| enactment of this amendatory Act of 1997. This group shall
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| consist of 5 representatives of the investor-owned electric
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| utilities in this State, 2 of which shall be appointed by
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| electric utilities serving over 1,000,000 retail customers
in | 5 |
| this State; 2 representatives of alternative retail
electric | 6 |
| suppliers; 3 representatives of organizations
representing the | 7 |
| interests of residential and small commercial
retail | 8 |
| customers; and the Commission.
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| (d) By March 1, 1999, with respect to educational materials | 10 |
| for
small commercial customers and by November 1, 2001 with | 11 |
| respect to educational
materials for residential customers, | 12 |
| the working group appointed pursuant
to this Section shall | 13 |
| develop a package of printed educational
materials which meet | 14 |
| the requirements of subsection (e) and
shall submit such | 15 |
| package to the Commission for approval,
along with | 16 |
| recommendations for implementing this consumer
education | 17 |
| program. Such materials shall consider the needs of
different | 18 |
| types of consumers in this State, such as elderly,
low-income, | 19 |
| multilingual, minority, rural and disabled
customers. The | 20 |
| working group shall issue recommendations to
the Commission on | 21 |
| how such education program can be
implemented through a variety | 22 |
| of communication methods,
including specifically mass media, | 23 |
| distribution of printed
material, public service | 24 |
| announcements, and posting on the
Internet.
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| Not more than 90 days after the effective date of this | 26 |
| amendatory Act of the 96th General Assembly, the Commission |
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| shall direct the Office of Retail Market Development to review | 2 |
| the existing consumer education materials for residential and | 3 |
| small commercial customers and consider whether updates to | 4 |
| those materials are necessary. The Office of Retail Market | 5 |
| Development shall seek input from all interested persons to | 6 |
| further its review of the consumer education materials and | 7 |
| possible proposed changes. Within 4 months after the start of | 8 |
| the review, the Office of Retail Market Development shall | 9 |
| submit recommendations to the Commission for approval. If the | 10 |
| Commission approves to prepare, print, and distribute | 11 |
| additional consumer education materials, then a request shall | 12 |
| be made subject to appropriations as described in subsection | 13 |
| (j) of this Section. | 14 |
| (e) At a minimum, the materials constituting the
consumer | 15 |
| education program submitted to the Commission by the
working | 16 |
| group shall include concise explanations or
descriptions of the | 17 |
| following:
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| (1) the structure of the electric utility industry
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| following this amendatory Act of 1997 and a glossary of
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| basic terms;
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| (2) the choices available to consumers to take
electric | 22 |
| service from an alternative retail electric
supplier or | 23 |
| remain as a retail customer of an electric
utility;
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| (3) a customer's rights, risks and responsibilities
in | 25 |
| receiving service from an alternative retail electric
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| supplier or remaining as a retail customer of an electric
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| utility;
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| (4) the legal obligations of alternative retail
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| electric suppliers;
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| (5) those services that may be offered on a
competitive | 5 |
| basis in a deregulated electric services
market, including | 6 |
| services that could be packaged with
the delivery of | 7 |
| electric power and energy;
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| (6) services that an electric utility is required to
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| provide pursuant to tariffed rates;
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| (7) the components of a bill that could be received
by | 11 |
| a customer taking delivery services;
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| (8) the complaint procedures set forth in Section
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| 10-108 of this Act by which consumers may seek a redress
of | 14 |
| grievances against an electric utility or an
alternative | 15 |
| retail electric supplier and a list of phone
numbers of the | 16 |
| Commission, the Attorney General or other
entities that can | 17 |
| provide information and assistance to
customers; and
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| (9) additional information available from the
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| Commission upon request.
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| (f) Within 45 days following the submission required of
the | 21 |
| working group by subsection (d) of this Section, the
Commission | 22 |
| shall approve or disapprove the educational
materials and | 23 |
| recommendations for program implementation. The
Commission | 24 |
| shall be deemed to have approved the educational
program | 25 |
| materials and recommendations unless the Commission
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| disapproves of any such material or recommendation within 45
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| days following the date of receipt.
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| (g) Once approved by the Commission, materials
comprising | 3 |
| the consumer education program contemplated by this
Section | 4 |
| shall be distributed as follows:
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| (1) Electric utilities shall mail printed
educational | 6 |
| materials specified by the working group and
approved by | 7 |
| the Commission (a) to all residential and
small commercial | 8 |
| retail customers within a reasonable
period prior to the | 9 |
| date that such customers become
eligible to purchase power | 10 |
| from alternative retail
electric suppliers, such | 11 |
| "reasonable period" to be
determined by the Commission; and | 12 |
| (b) once the applicable
customer class becomes eligible to | 13 |
| receive delivery
services, to all new residential and small | 14 |
| commercial
retail customers at the time that such customers | 15 |
| begin
taking services from the electric utility.
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| (2) Alternative retail electric suppliers shall
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| include such materials with all initial mailings to
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| potential residential and small commercial retail
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| customers but in all circumstances prior to the time by
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| which an alternative retail electric supplier executes
any | 21 |
| agreements or contracts with such customers for the
supply | 22 |
| of electric services.
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| (3) Both electric utilities and alternative retail
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| electric suppliers shall provide such materials at no
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| charge to residential and small commercial retail
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| customers upon request.
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| (4) The Commission shall make available upon request
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| and at no charge, and shall make available to the public
on | 3 |
| the Internet through the State of Illinois World Wide
Web | 4 |
| Site:
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| (A) all printed educational materials developed
by | 6 |
| the working group and approved by the Commission;
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| (B) a list of all certified alternative retail
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| electric suppliers serving residential and small
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| commercial retail customers within the service
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| territory of each electric utility;
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| (C) a list of alternative retail electric
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| suppliers serving residential or small commercial
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| retail customers which have been found in the last
3 | 14 |
| years by the Commission pursuant to Section
10-108 to | 15 |
| have failed to provide service in
accordance with the | 16 |
| terms of their contracts with
such retail customers; | 17 |
| and
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| (D) guidelines to assist customers in
determining | 19 |
| which energy supplier is most
appropriate for each | 20 |
| customer.
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| (h) The Commission may also adopt a uniform disclosure
form | 22 |
| which alternative retail electric suppliers would be
required | 23 |
| to complete enabling consumers to compare prices,
terms and | 24 |
| conditions offered by such suppliers.
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| (i) The Commission shall make available to the public
staff | 26 |
| with the ability and knowledge to respond to consumer
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| inquiries.
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| (j) The costs of printing educational materials approved
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| the Commission pursuant to this Section shall be payable
solely | 4 |
| from funding as provided in this subsection.
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| Each year the General Assembly shall appropriate money to
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| the Commission from the Public Utility Fund General Revenue | 7 |
| Fund for the expenses
of the Commission associated with this | 8 |
| Section. The cost of
the consumer education program | 9 |
| contemplated by this Section
shall not exceed the amount of | 10 |
| such appropriation. In no event
shall any electric utility, | 11 |
| alternative retail electric
supplier or customer be liable for | 12 |
| the costs of printing
consumer education program material in | 13 |
| accordance with this
Section. The obligations associated with | 14 |
| this consumer
education program shall not exceed the amounts | 15 |
| appropriated
for this program pursuant to this Section.
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| (k) The Commission shall study the effectiveness of the
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| consumer education program. Such study shall include a notice
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| and an opportunity for participation and comment by all
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| interested and potentially affected parties. Such study shall
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| be completed by January 31st of each year during the mandatory
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| transition period and a summary thereof, together with any
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| legislative recommendations, shall be included in the
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| Commission's Annual Report due in accordance with Section
4-304 | 24 |
| of this Act.
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| (Source: P.A. 90-561, eff. 12-16-97.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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