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Public Act 095-0679 |
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AN ACT concerning regulation.
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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 adding | ||||
Section 16-115C as follows: | ||||
(220 ILCS 5/16-115C new) | ||||
Sec. 16-115C. Licensure of agents, brokers, and | ||||
consultants engaged in the procurement or sale of retail | ||||
electricity supply for third parties. | ||||
(a) The purpose of this Section is to adopt licensing and | ||||
code of conduct rules in a competitive retail electricity | ||||
market to protect Illinois consumers from unfair or deceptive | ||||
acts or practices and to provide persons acting as agents, | ||||
brokers, and consultants engaged in the procurement or sale of | ||||
retail electricity supply for third parties with notice of the | ||||
illegality of those acts or practices. | ||||
(b) For purposes of this Section, "agents, brokers, and | ||||
consultants engaged in the procurement or sale of retail | ||||
electricity supply for third parties" means any person or | ||||
entity that attempts to procure on behalf of or sell retail | ||||
electric service to an electric customer in the State. "Agents, | ||||
brokers, and consultants engaged in the procurement or sale of | ||||
retail electricity supply for third parties" does not include |
any entity licensed as an alternative retail electric supplier | ||
pursuant to 83 Ill. Adm. Code 451 offering retail electric | ||
service on its own behalf, any person acting exclusively on | ||
behalf of a single alternative retail electric supplier on | ||
condition that exclusivity is disclosed to any third party | ||
contracted in such agent capacity, any person or entity | ||
representing a municipal power agency, as defined in Section | ||
11-119.1-3 of the Illinois Municipal Code, or any person or | ||
entity that is attempting to procure on behalf of or sell | ||
retail electric service to a third party that has aggregate | ||
billing demand of all of its affiliated electric service | ||
accounts in Illinois of greater than 1,500 kW. | ||
(c) No person or entity shall act as an agent, broker, or | ||
consultant engaged in the procurement or sale of retail | ||
electricity supply for third parties unless that person or | ||
entity is licensed by the Commission under this Section or is | ||
offering services on their own behalf under 83 Ill. Adm. Code | ||
451. | ||
(d) The Commission shall create requirements for licensure | ||
as an agent, broker, or consultant engaged in the procurement | ||
or sale of retail electricity supply for third parties, which | ||
shall include all of the following criteria: | ||
(1) Technical competence. | ||
(2) Managerial competence. | ||
(3) Financial responsibility, including the posting of | ||
an appropriate performance bond. |
(4) Annual reporting requirements. | ||
(e) Any person or entity required to be licensed under this | ||
Section must: | ||
(1) disclose in plain language in writing to all | ||
persons it solicits the total anticipated remuneration to | ||
be paid to it by any third party over the period of the | ||
proposed underlying customer contract; | ||
(2) not hold itself out as independent or unaffiliated | ||
with any supplier, or both, or use words reasonably | ||
calculated to give that impression, unless the person | ||
offering service under this Section has no contractual | ||
relationship with any retail electricity supplier or its | ||
affiliates regarding retail electric service in Illinois; | ||
(3) not utilize false, misleading, materially | ||
inaccurate, defamatory, or otherwise deceptive language or | ||
materials in the soliciting or providing of its services; | ||
(4) maintain copies of all marketing materials | ||
disseminated to third parties for a period of not less than | ||
3 years; | ||
(5) not present electricity pricing information in a | ||
manner that favors one supplier over another, unless a | ||
valid pricing comparison is made utilizing all relevant | ||
costs and terms; and | ||
(6) comply with the requirements of Sections 2EE, 2FF, | ||
2GG, and 2HH of the Consumer Fraud and Deceptive Business | ||
Practices Act. |
(f) Any person or entity licensed under this Section shall | ||
file with the Commission all of the following information no | ||
later than March of each year: | ||
(1) A verified report detailing any and all contractual | ||
relationships that it has with certified electricity | ||
suppliers in the State regarding retail electric service in | ||
Illinois. | ||
(2) A verified report detailing the distribution of its | ||
customers with the various certified electricity suppliers | ||
in Illinois during the prior calendar year. A report under | ||
this Section shall not be required to contain | ||
customer-identifying information. | ||
(3) A copy of its verified financial statement. | ||
(4) A verified statement of any changes to the original | ||
licensure qualifications and notice of continuing | ||
compliance with all requirements. | ||
(g) The Commission shall have jurisdiction over | ||
disciplinary proceedings and complaints for violations of this | ||
Section. The findings of a violation of this Section by the | ||
Commission shall result in a progressive disciplinary scale. | ||
For a first violation, the Commission shall suspend the license | ||
of the person so disciplined for a period of no less than one | ||
month. For a second violation within a 5-year period, the | ||
Commission shall suspend the license for the person so | ||
disciplined for a period of not less than 6 months. For a third | ||
or subsequent violation within a 5-year period, the Commission |
shall suspend the license of the disciplined person for a | ||
period of not less than 2 years. | ||
(h) This Section shall not apply to a retail customer that | ||
operates or manages either directly or indirectly any | ||
facilities, equipment, or property used or contemplated to be | ||
used to distribute electric power or energy if that retail | ||
customer is a political subdivision or public institution of | ||
higher education of this State, or any corporation, company, | ||
limited liability company, association, joint-stock company or | ||
association, firm, partnership, or individual, or their | ||
lessees, trusts, or receivers appointed by any court whatsoever | ||
that are owned or controlled by the political subdivision, | ||
public institution of higher education, or operated by any of | ||
its lessees or operating agents.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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