Illinois General Assembly - Full Text of SB3903
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Full Text of SB3903  102nd General Assembly

SB3903ham001 102ND GENERAL ASSEMBLY

Rep. Marcus C. Evans, Jr.

Filed: 3/30/2022

 

 


 

 


 
10200SB3903ham001LRB102 24709 AMQ 38309 a

1
AMENDMENT TO SENATE BILL 3903

2    AMENDMENT NO. ______. Amend Senate Bill 3903 on page 1,
3line 5 by replacing "16-115 and 16-115A" with "16-115,
416-115A, and 16-222"; and
 
5on page 22, by replacing line 8 with "provided under
6subsection (f-15), to the information"; and
 
7on page 22, immediately below line 10, by inserting the
8following:
9        "(1) An alternative retail electric supplier shall
10    file such notice under the docket number assigned to the
11    alternative retail electric supplier's certification
12    application. The supplier also shall serve such notice
13    upon the electric utility serving customers in the service
14    area where the alternative retail electric supplier is
15    certified to provide service.
16        (2) After notice and an opportunity for a hearing, the

 

 

10200SB3903ham001- 2 -LRB102 24709 AMQ 38309 a

1    Commission may (i) suspend, rescind, or conditionally
2    rescind an alternative retail electric supplier's
3    certificate if it determines that the material change will
4    adversely affect the alternative retail electric
5    supplier's fitness or ability to provide the services for
6    which it is certified or (ii) require the alternative
7    retail electric supplier to provide reasonable financial
8    assurances sufficient to protect the supplier's customers
9    and electric utility from default.
10    (f-15) Material changes to the information contained in or
11supplied with a certification application include, but are not
12limited to, the following:
13        (1) any significant change in ownership, including an
14    ownership interest of 5% or more, of the applicant or
15    alternative retail electric supplier;
16        (2) an affiliation with any electric utility, electric
17    cooperative, or municipal system or change of an
18    affiliation with an electric utility, electric
19    cooperative, or municipal system in the State;
20        (3) retirement or other long-term changes to the
21    operational status of generation, transmission, or
22    distribution assets relied upon by the alternative retail
23    electric supplier to provide alternative retail electric
24    supplier service;
25        (4) if the alternative retail electric supplier has a
26    long-term bond rating from Standard and Poor's or its

 

 

10200SB3903ham001- 3 -LRB102 24709 AMQ 38309 a

1    successor, Fitch Ratings or its successor, or Moody's
2    Investor Service or its successor, and the alternative
3    retail electric supplier's long-term bond rating falls
4    below a rating of BBB as reported by Standard and Poor's or
5    its successor or Fitch Ratings or its successor, or below
6    a rating of Baa3 as reported by Moody's Investors Service
7    or its successor;
8        (5) the applicant or alternative retail electric
9    supplier has or intends to file for reorganization,
10    protection from creditors, or any other form of bankruptcy
11    with any court;
12        (6) any judgment, finding, or ruling by a court or
13    regulatory agency that could affect an alternative retail
14    electric supplier's fitness or ability to provide service
15    in the State;
16        (7) any change in the alternative retail electric
17    supplier's name or logo, including, but not limited to,
18    any change in the alternative retail electric supplier's
19    legal name, fictitious name, or assumed business name,
20    except for any logo and name the alternative retail
21    electric supplier provided as part of its original
22    certification process or that the alternative retail
23    electric supplier previously provided to the Commission
24    under this Section; and
25        (8) notwithstanding subsection (f-10), an alternative
26    retail electric supplier shall file a notification with

 

 

10200SB3903ham001- 4 -LRB102 24709 AMQ 38309 a

1    the Commission of any notice of financial default from a
2    financial institution or notice of default for failure to
3    settle for energy or capacity deliveries from the
4    alternative retail electric supplier's regional
5    transmission operator or a distribution utility, within
6    one business day."; and
 
7on page 22, immediately below line 22, by inserting the
8following:
 
9    "(220 ILCS 5/16-122)
10    Sec. 16-122. Customer information.
11    (a) Upon the request of a retail customer, or a person who
12presents verifiable authorization and is acting as the
13customer's agent, and payment of a reasonable fee, electric
14utilities shall provide to the customer or its authorized
15agent the customer's billing and usage data.
16    (b) Upon request from any alternative retail electric
17supplier and payment of a reasonable fee, an electric utility
18serving retail customers in its service area shall make
19available generic information concerning the usage, load shape
20curve or other general characteristics of customers by rate
21classification. Provided however, no customer specific
22billing, usage or load shape data shall be provided under this
23subsection unless authorization to provide such information is
24provided by the customer pursuant to subsection (a) of this

 

 

10200SB3903ham001- 5 -LRB102 24709 AMQ 38309 a

1Section.
2    Notwithstanding the requirements of this Section or
3subsection (d) of Section 16-108.6, if an alternative retail
4electric supplier warrants to an electric utility serving more
5than 500,000 retail customers that the alternative retail
6electric supplier's customer has provided consent as described
7in subsection (e) of Section 2EE of the Consumer Fraud and
8Deceptive Business Practices Act, then until either the
9customer contacts the alternative retail electric supplier to
10opt out or the customer is no longer served by the alternative
11retail electric supplier:
12        (1) An electric utility serving more than 500,000
13    retail customers shall electronically transmit interval
14    meter usage data at the end of each monthly billing period
15    for each residential retail customer for which the
16    alternative retail electric supplier is providing electric
17    power and energy supply service, for which the alternative
18    retail electric supplier has requested such information,
19    and for which the electric utility meters the residential
20    customer using automated metering infrastructure
21    equipment. Such data transmission shall occur no later
22    than one business day after the electric utility serving
23    more than 500,000 retail customers validates the interval
24    meter usage data with the monthly billing period for such
25    residential retail customer through an electronic data
26    interchange or secure interface for which the alternative

 

 

10200SB3903ham001- 6 -LRB102 24709 AMQ 38309 a

1    retail electric supplier has requested such information
2    and upon payment of a reasonable and amortized fee, if
3    necessary, to recover the utility's prudently and
4    reasonably incurred costs, approved by the Commission
5    after notice and hearing, to provide this service. The
6    interval meter usage data shall be provided at a minimum
7    on an hourly basis or on a 30-minute or 15-minute basis if
8    available. In addition, not later than the following day,
9    the electric utility shall provide unverified interval
10    data through an electronic data interchange or secure
11    interface for which the alternative retail electric
12    supplier has requested such information and upon payment
13    of a reasonable and amortized fee, if necessary, to
14    recover the utility's prudently and reasonably incurred
15    costs, approved by the Commission after notice and
16    hearing, to provide this service. The unverified interval
17    meter usage data shall be provided at a minimum on an
18    hourly basis, or on a 30-minute or 15-minute basis if
19    available. The same processes shall apply for
20    nonresidential retail customers.
21        (2) An electric utility serving more than 500,000
22    retail customers shall submit tariffs to the Commission
23    for approval within 120 days of the effective date of this
24    amendatory Act of the 102nd General Assembly, if
25    necessary, to meet the minimum requirements of paragraph
26    (1) and provide such services no later than June 1, 2024.

 

 

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1        (3) Nothing in this amendatory Act of the 102nd
2    General Assembly prohibits such utility from time to time
3    proposing new tariffs pursuant to Article IX to the extent
4    such tariffs are consistent with the requirements of this
5    amendatory Act of the 102nd General Assembly. Nothing in
6    this amendatory Act of the 102nd General Assembly shall
7    require such electric utility to alter its tariffs or
8    practices to the extent that they: (i) provide interval
9    data with shorter intervals; (ii) provide interval data
10    more frequently than monthly; or (iii) provide other
11    enhancements beyond the minimum standards required by
12    paragraph (1).
13        (4) An alternative retail electric supplier shall use
14    such interval meter usage data for the development,
15    marketing, and provision of current and future products
16    and services to enable such customers to more easily and
17    effectively manage their energy consumption, including,
18    but not limited to, time-of-use pricing, demand response,
19    energy efficiency or management, beneficial
20    electrification, on-site or community generation, or any
21    other electricity-related products or services or as
22    otherwise authorized by the Commission.
23        (5) An alternative retail electric supplier shall not
24    sell interval data obtained under this Section. An
25    alternative retail electric supplier shall not provide,
26    share, or otherwise disclose a consumer's interval meter

 

 

10200SB3903ham001- 8 -LRB102 24709 AMQ 38309 a

1    data obtained under this Section, except an alternative
2    retail electric supplier may license or disclose a
3    customer's interval meter data obtained under this Section
4    if the following conditions are met: (i) the license or
5    disclosure is made to an alternative retail electric
6    supplier's affiliate or a third party with which the
7    alternative retail electric supplier has a contract; (ii)
8    the disclosure of a customer's interval meter data is made
9    only to perform the following functions on behalf of the
10    alternative retail electric supplier: billing and
11    invoicing, administration of the product or service
12    provided to the customer, or pricing products and services
13    for the customer; (iii) the alternative retail electric
14    supplier maintains responsibility for ensuring that its
15    affiliates or contracted third parties do not disclose,
16    license, sell to any other party, or otherwise misuse
17    customer interval data, including marketing to or
18    solicitation of a specific customer, obtained under this
19    Section; and (iv) the alternative retail electric supplier
20    maintains responsibility for ensuring that its affiliates
21    and contracted third parties purge such data upon
22    termination of their contract, ownership, affiliation, or
23    license or other agreement, or to the extent that the
24    customer interval data is no longer necessary for the
25    affiliate or contracted third party to perform the
26    function for which the customer interval data was

 

 

10200SB3903ham001- 9 -LRB102 24709 AMQ 38309 a

1    provided. An alternative retail electric supplier may not
2    provide a customer's interval meter data obtained under
3    this Section to a sales agent, broker, or consultant for
4    the purpose of marketing to that specific customer.
5        (6) Nothing in this Section prohibits an electric
6    utility serving more than 500,000 retail customers from
7    providing interval metering data to an alternative retail
8    electric supplier as otherwise authorized by law or order
9    of the Commission.
10        (7) No costs incurred by an electric utility to
11    provide data or services, including any and all data or
12    services provided or proposed under paragraphs (1) through
13    (3), or otherwise authorized by this Section or by this
14    amendatory Act of the 102nd General Assembly, shall be
15    paid by ratepayers. An electric utility may file a tariff
16    governing the provision of such information. Such fee
17    shall be approved by the Commission after notice and
18    hearing to recover the utility's prudently and reasonably
19    incurred and amortized costs to provide such service. The
20    tariff shall include an annual fee, paid by all
21    alternative retail electric suppliers, and the fee shall
22    be based upon a reasonable estimate of ongoing costs
23    expected to be incurred to provide the interval metering
24    data to alternative retail electric suppliers. Any costs
25    incurred and reflected in rate recovery at or before the
26    effective date of this amendatory Act of the 102nd General

 

 

10200SB3903ham001- 10 -LRB102 24709 AMQ 38309 a

1    Assembly shall remain recoverable in rates, and such
2    recovery shall be unaffected by the operation of this
3    Section. Any costs incurred related to utility systems
4    that support the provision of metering data to alternative
5    retail electric suppliers as well as other utility related
6    purposes shall remain recoverable in rates from utility
7    customers. Nothing in this Section shall be interpreted to
8    require any utility to offer metering services to any
9    party in a manner that prevents it from having a
10    reasonable opportunity to recover its associated costs. In
11    setting rates, the Commission shall not exclude any amount
12    from rate recovery and at the same time consider revenue
13    from the annual fees collected as a reduction to the
14    revenue requirement in a manner that denies the utility an
15    opportunity to fully recover the costs for service
16    offerings required by law to provide. Once the Commission
17    issues a final order approving an annual fee pursuant to
18    this paragraph, such order shall be evidence that all
19    costs are recovered from alternative retail electric
20    suppliers, and the order shall satisfy the requirement
21    that the costs associated with paragraphs (1) through (3),
22    or otherwise authorized by this Section or this amendatory
23    Act of the 102nd General Assembly, are not recovered from
24    ratepayers.
25    (c) Upon request from a unit of local government and
26payment of a reasonable fee, an electric utility shall make

 

 

10200SB3903ham001- 11 -LRB102 24709 AMQ 38309 a

1available information concerning the usage, load shape curves,
2and other characteristics of customers by customer
3classification and location within the boundaries of the unit
4of local government, however, no customer specific billing,
5usage, or load shape data shall be provided under this
6subsection unless authorization to provide that information is
7provided by the customer.
8    (d) All such customer information shall be made available
9in a timely fashion in an electronic format, if available.
10(Source: P.A. 92-585, eff. 6-26-02.)
 
11    Section 10. The Consumer Fraud and Deceptive Business
12Practices Act is amended by changing Section 2EE as follows:
 
13    (815 ILCS 505/2EE)
14    Sec. 2EE. Alternative retail electric supplier selection.
15    (a) An alternative retail electric supplier shall not
16submit or execute a change in a consumer's selection of a
17provider of electric service unless and until:
18        (i) the alternative retail electric supplier first
19    discloses all material terms and conditions of the offer
20    to the consumer;
21        (ii) 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 supplier discloses the utility electric supply

 

 

10200SB3903ham001- 12 -LRB102 24709 AMQ 38309 a

1    price to compare, which shall be the sum of the electric
2    supply charge and the transmission services charge, and
3    shall not include the purchased electricity adjustment,
4    applicable at the time the offer is made to the consumer;
5        (iii) if the consumer is a small commercial retail
6    customer as that term is defined in subsection (c) of this
7    Section or a residential consumer, the alternative retail
8    electric provider discloses the following statement:
9            "(Name of the alternative retail electric
10        supplier) is not the same entity as your electric
11        delivery company. You are not required to enroll with
12        (name of alternative retail electric supplier). As of
13        (effective date), the electric supply price to compare
14        is currently (price in cents per kilowatt hour). The
15        electric utility electric supply price will expire on
16        (expiration date). The utility electric supply price
17        to compare does not include the purchased electricity
18        adjustment factor. For more information go to the
19        Illinois Commerce Commission's free website at
20        www.pluginillinois.org.".
21        If applicable, the statement shall include the
22    following statement:
23            "The purchased electricity adjustment factor may
24        range between +.5 cents and -.5 cents per kilowatt
25        hour.";
26        (iv) the alternative retail electric supplier has

 

 

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1    obtained the consumer's express agreement to accept the
2    offer after the disclosure of all material terms and
3    conditions of the offer; and
4        (v) the alternative retail electric supplier has
5    confirmed the request for a change in accordance with one
6    of the following procedures:
7            (A) The new alternative retail electric supplier
8        has obtained the consumer's written or electronically
9        signed authorization in a form that meets the
10        following requirements:
11                (1) An alternative retail electric supplier
12            shall obtain any necessary written or
13            electronically signed authorization from a
14            consumer for a change in electric service by using
15            a letter of agency as specified in this Section.
16            Any letter of agency that does not conform with
17            this Section is invalid.
18                (2) The letter of agency shall be a separate
19            document (an easily separable document containing
20            only the authorization language described in
21            subparagraph (5)) whose sole purpose is to
22            authorize an electric service provider change. The
23            letter of agency must be signed and dated by the
24            consumer requesting the electric service provider
25            change.
26                (3) The letter of agency shall not be combined

 

 

10200SB3903ham001- 14 -LRB102 24709 AMQ 38309 a

1            with inducements of any kind on the same document.
2                (4) Notwithstanding subparagraphs (1) and (2),
3            the letter of agency may be combined with checks
4            that contain only the required letter of agency
5            language prescribed in subparagraph (5) and the
6            necessary information to make the check a
7            negotiable instrument. The letter of agency check
8            shall not contain any promotional language or
9            material. The letter of agency check shall contain
10            in easily readable, bold-face type on the face of
11            the check, a notice that the consumer is
12            authorizing an electric service provider change by
13            signing the check. The letter of agency language
14            also shall be placed near the signature line on
15            the back of the check.
16                (5) At a minimum, the letter of agency must be
17            printed with a print of sufficient size to be
18            clearly legible, and must contain clear and
19            unambiguous language that confirms:
20                    (i) The consumer's billing name and
21                address;
22                    (ii) The decision to change the electric
23                service provider from the current provider to
24                the prospective provider;
25                    (iii) The terms, conditions, and nature of
26                the service to be provided to the consumer

 

 

10200SB3903ham001- 15 -LRB102 24709 AMQ 38309 a

1                must be clearly and conspicuously disclosed,
2                in writing, and an alternative retail electric
3                supplier must directly establish the rates for
4                the service contracted for by the consumer;
5                and
6                    (iv) That the consumer understand that any
7                alternative retail electric supplier selection
8                the consumer chooses may involve a charge to
9                the consumer for changing the consumer's
10                electric service provider.
11                (6) Letters of agency shall not suggest or
12            require that a consumer take some action in order
13            to retain the consumer's current electric service
14            provider.
15                (7) If any portion of a letter of agency is
16            translated into another language, then all
17            portions of the letter of agency must be
18            translated into that language.
19            (B) An appropriately qualified independent third
20        party has obtained, in accordance with the procedures
21        set forth in this subsection (b), the consumer's oral
22        authorization to change electric suppliers that
23        confirms and includes appropriate verification data.
24        The independent third party (i) must not be owned,
25        managed, controlled, or directed by the supplier or
26        the supplier's marketing agent; (ii) must not have any

 

 

10200SB3903ham001- 16 -LRB102 24709 AMQ 38309 a

1        financial incentive to confirm supplier change
2        requests for the supplier or the supplier's marketing
3        agent; and (iii) must operate in a location physically
4        separate from the supplier or the supplier's marketing
5        agent.
6            Automated third-party verification systems and
7        3-way conference calls may be used for verification
8        purposes so long as the other requirements of this
9        subsection (b) are satisfied.
10            A supplier or supplier's sales representative
11        initiating a 3-way conference call or a call through
12        an automated verification system must drop off the
13        call once the 3-way connection has been established.
14            All third-party verification methods shall elicit,
15        at a minimum, the following information: (i) the
16        identity of the consumer; (ii) confirmation that the
17        person on the call is the account holder, has been
18        specifically and explicitly authorized by the account
19        holder, or possesses lawful authority to make the
20        supplier change; (iii) confirmation that the person on
21        the call wants to make the supplier change; (iv) the
22        names of the suppliers affected by the change; (v) the
23        service address of the supply to be switched; and (vi)
24        the price of the service to be supplied and the
25        material terms and conditions of the service being
26        offered, including whether any early termination fees

 

 

10200SB3903ham001- 17 -LRB102 24709 AMQ 38309 a

1        apply. Third-party verifiers may not market the
2        supplier's services by providing additional
3        information, including information regarding
4        procedures to block or otherwise freeze an account
5        against further changes.
6            All third-party verifications shall be conducted
7        in the same language that was used in the underlying
8        sales transaction and shall be recorded in their
9        entirety. Submitting suppliers shall maintain and
10        preserve audio records of verification of subscriber
11        authorization for a minimum period of 2 years after
12        obtaining the verification. Automated systems must
13        provide consumers with an option to speak with a live
14        person at any time during the call. Each disclosure
15        made during the third-party verification must be made
16        individually to obtain clear acknowledgment of each
17        disclosure. The alternative retail electric supplier
18        must be in a location where he or she cannot hear the
19        customer while the third-party verification is
20        conducted. The alternative retail electric supplier
21        shall not contact the customer after the third-party
22        verification for a period of 24 hours unless the
23        customer initiates the contact.
24            (C) When a consumer initiates the call to the
25        prospective alternative retail electric supplier, in
26        order to enroll the consumer as a customer, the

 

 

10200SB3903ham001- 18 -LRB102 24709 AMQ 38309 a

1        prospective alternative retail electric supplier must,
2        with the consent of the customer, make a date-stamped,
3        time-stamped audio recording that elicits, at a
4        minimum, the following information:
5                (1) the identity of the customer;
6                (2) confirmation that the person on the call
7            is authorized to make the supplier change;
8                (3) confirmation that the person on the call
9            wants to make the supplier change;
10                (4) the names of the suppliers affected by the
11            change;
12                (5) the service address of the supply to be
13            switched; and
14                (6) the price of the service to be supplied
15            and the material terms and conditions of the
16            service being offered, including whether any early
17            termination fees apply.
18            Submitting suppliers shall maintain and preserve
19        the audio records containing the information set forth
20        above for a minimum period of 2 years.
21    (b)(1) An alternative retail electric supplier shall not
22utilize the name of a public utility in any manner that is
23deceptive or misleading, including, but not limited to
24implying or otherwise leading a consumer to believe that an
25alternative retail electric supplier is soliciting on behalf
26of or is an agent of a utility. An alternative retail electric

 

 

10200SB3903ham001- 19 -LRB102 24709 AMQ 38309 a

1supplier shall not utilize the name, or any other identifying
2insignia, graphics, or wording that has been used at any time
3to represent a public utility company or its services, to
4identify, label, or define any of its electric power and
5energy service offers. An alternative retail electric supplier
6may state the name of a public electric utility in order to
7accurately describe the electric utility service territories
8in which the supplier is currently offering an electric power
9and energy service. An alternative retail electric supplier
10that is the affiliate of an Illinois public utility and that
11was doing business in Illinois providing alternative retail
12electric service on January 1, 2016 may continue to use that
13public utility's name, logo, identifying insignia, graphics,
14or wording in its business operations occurring outside the
15service territory of the public utility with which it is
16affiliated.
17    (2) An alternative retail electric supplier shall not
18state or otherwise imply that the alternative retail electric
19supplier is employed by, representing, endorsed by, or acting
20on behalf of a utility or utility program, a consumer group or
21consumer group program, or a governmental body, unless the
22alternative retail electric supplier has entered into a
23contractual arrangement with the governmental body and has
24been authorized by the governmental body to make the
25statements.
26    (c) An alternative retail electric supplier shall not

 

 

10200SB3903ham001- 20 -LRB102 24709 AMQ 38309 a

1submit or execute a change in a consumer's selection of a
2provider of electric service unless the alternative retail
3electric supplier complies with the following requirements of
4this subsection (c). It is a violation of this Section for an
5alternative retail electric supplier to fail to comply with
6this subsection (c). The requirements of this subsection (c)
7shall only apply to residential and small commercial retail
8customers. For purposes of this subsection (c) only, "small
9commercial retail customer" has the meaning given to that term
10in Section 16-102 of the Public Utilities Act.
11        (1) During a solicitation an alternative retail
12    electric supplier shall state that he or represents an
13    independent seller of electric power and energy service
14    certified by the Illinois Commerce Commission and that he
15    or she is not employed by, representing, endorsed by, or
16    acting on behalf of, a utility, or a utility program, a
17    consumer group or consumer group program, or a
18    governmental body, unless the alternative retail electric
19    supplier has entered into a contractual arrangement with
20    the governmental body and has been authorized with the
21    governmental body to make the statements.
22        (2) Alternative retail electric suppliers who engage
23    in in-person solicitation for the purpose of selling
24    electric power and energy service offered by the
25    alternative retail electric supplier shall display
26    identification on an outer garment. This identification

 

 

10200SB3903ham001- 21 -LRB102 24709 AMQ 38309 a

1    shall be visible at all times and prominently display the
2    following: (i) the alternative retail electric supplier
3    agent's full name in reasonable size font; (ii) an agent
4    identification number; (iii) a photograph of the
5    alternative retail electric supplier agent; and (iv) the
6    trade name and logo of the alternative retail electric
7    supplier the agent is representing. If the agent is
8    selling electric power and energy services from multiple
9    alternative retail electric suppliers to the consumer, the
10    identification shall display the trade name and logo of
11    the agent, broker, or consultant entity as that entity is
12    defined in Section 16-115C of the Public Utilities Act. An
13    alternative retail electric supplier shall leave the
14    premises at the consumer's, owner's, or occupant's
15    request. A copy of the Uniform Disclosure Statement
16    described in 83 Ill. Adm. Code 412.115 and 412.Appendix A
17    is to be left with the consumer, at the conclusion of the
18    visit unless the consumer refuses to accept a copy. An
19    alternative retail electric supplier may provide the
20    Uniform Disclosure Statement electronically instead of in
21    paper form to a consumer upon that customer's request. The
22    alternative retail electric supplier shall also offer to
23    the consumer, at the time of the initiation of the
24    solicitation, a business card or other material that lists
25    the agent's name, identification number and title, and the
26    alternative retail electric supplier's name and contact

 

 

10200SB3903ham001- 22 -LRB102 24709 AMQ 38309 a

1    information, including phone number. The alternative
2    retail electric supplier shall not conduct any in-person
3    solicitations of consumers at any building or premises
4    where any sign, notice, or declaration of any description
5    whatsoever is posted that prohibits sales, marketing, or
6    solicitations. The alternative retail electric supplier
7    shall obtain consent to enter multi-unit residential
8    dwellings. Consent obtained to enter a multi-unit dwelling
9    from one prospective customer or occupant of the dwelling
10    shall not constitute consent to market to any other
11    prospective consumers without separate consent.
12        (3) An alternative retail electric supplier who
13    contacts consumers by telephone for the purpose of selling
14    electric power and energy service shall provide the
15    agent's name and identification number. Any telemarketing
16    solicitations that lead to a telephone enrollment of a
17    consumer must be recorded and retained for a minimum of 2
18    years. All telemarketing calls of consumers that do not
19    lead to a telephone enrollment, but last at least 2
20    minutes, shall be recorded and retained for a minimum of 6
21    months.
22        (4) During an inbound enrollment call, an alternative
23    retail electric supplier shall state that he or she
24    represents an independent seller of electric power and
25    energy service certified by the Illinois Commerce
26    Commission. All inbound enrollment calls that lead to an

 

 

10200SB3903ham001- 23 -LRB102 24709 AMQ 38309 a

1    enrollment shall be recorded, and the recordings shall be
2    retained for a minimum of 2 years. An inbound enrollment
3    call that does not lead to an enrollment, but lasts at
4    least 2 minutes, shall be retained for a minimum of 6
5    months. The alternative retail electric supplier shall
6    send the Uniform Disclosure Statement and contract to the
7    customer within 3 business days after the electric
8    utility's confirmation to the alternative retail electric
9    supplier of an accepted enrollment.
10        (5) If a direct mail solicitation to a consumer
11    includes a written letter of agency, it shall include the
12    Uniform Disclosure Statement described in 83 Ill. Adm.
13    Code 412.115 and 412.Appendix A. The Uniform Disclosure
14    Statement shall be provided on a separate page from the
15    other marketing materials included in the direct mail
16    solicitation. If a written letter of agency is being used
17    to authorize a consumer's enrollment, the written letter
18    of agency shall comply with this Section. A copy of the
19    contract must be sent to consumer within 3 business days
20    after the electric utility's confirmation to the
21    alternative retail electric supplier of an accepted
22    enrollment.
23        (6) Online Solicitation.
24            (A) Each alternative retail electric supplier
25        offering electric power and energy service to
26        consumers online shall clearly and conspicuously make

 

 

10200SB3903ham001- 24 -LRB102 24709 AMQ 38309 a

1        all disclosures for any services offered through
2        online enrollment before requiring the consumer to
3        enter any personal information other than zip code,
4        electric utility service territory, or type of service
5        sought.
6            (B) Notwithstanding any requirements in this
7        Section to the contrary, an alternative retail
8        electric supplier may secure consent from the consumer
9        to obtain customer-specific billing and usage
10        information for the sole purpose of determining and
11        pricing a product through a letter of agency or method
12        approved through an Illinois Commerce Commission
13        docket before making all disclosure for services
14        offered through online enrollment. It is a violation
15        of this Act for an alternative retail electric
16        supplier to use a consumer's utility account number to
17        execute or change a consumer's enrollment unless the
18        consumer expressly consents to that enrollment as
19        required by law.
20            (C) The enrollment website of the alternative
21        retail electric supplier shall, at a minimum, include:
22        (i) disclosure of all material terms and conditions of
23        the offer; (ii) a statement that electronic acceptance
24        of the terms and conditions is an agreement to
25        initiate service and begin enrollment; (iii) a
26        statement that the consumer shall review the contract

 

 

10200SB3903ham001- 25 -LRB102 24709 AMQ 38309 a

1        or contact the current supplier to learn if any early
2        termination fees are applicable; and (iv) an email
3        address and toll-free phone number of the alternative
4        retail electric supplier where the customer can
5        express a decision to rescind the contract.
6        (7)(A) Beginning January 1, 2020, an alternative
7    retail electric supplier shall not sell or offer to sell
8    any products or services to a consumer pursuant to a
9    contract in which the contract automatically renews,
10    unless an alternative retail electric supplier provides to
11    the consumer at the outset of the offer, in addition to
12    other disclosures required by law, a separate written
13    statement titled "Automatic Contract Renewal" that clearly
14    and conspicuously discloses in bold lettering in at least
15    12-point font the terms and conditions of the automatic
16    contract renewal provision, including: (i) the estimated
17    bill cycle on which the initial contract term expires and
18    a statement that it could be later based on when the
19    utility accepts the initial enrollment; (ii) the estimated
20    bill cycle on which the new contract term begins and a
21    statement that it will immediately follow the last billing
22    cycle of the current term; (iii) the procedure to
23    terminate the contract before the new contract term
24    applies; and (iv) the cancellation procedure. If the
25    alternative retail electric supplier sells or offers to
26    sell the products or services to a consumer during an

 

 

10200SB3903ham001- 26 -LRB102 24709 AMQ 38309 a

1    in-person solicitation or telemarketing solicitation, the
2    disclosures described in this subparagraph (A) shall also
3    be made to the consumer verbally during the solicitation.
4    Nothing in this subparagraph (A) shall be construed to
5    apply to contracts entered into before January 1, 2020.
6            (B) At least 30 days before, but not more than 60
7        days prior, to the end of the initial contract term, in
8        any and all contracts that automatically renew after
9        the initial term, the alternative retail electric
10        supplier shall send, in addition to other disclosures
11        required by law, a separate written notice of the
12        contract renewal to the consumer that clearly and
13        conspicuously discloses the following:
14                (i) a statement printed or visible from the
15            outside of the envelope or in the subject line of
16            the email, if the customer has agreed to receive
17            official documents by email, that states "Contract
18            Renewal Notice";
19                (ii) a statement in bold lettering, in at
20            least 12-point font, that the contract will
21            automatically renew unless the customer cancels
22            it;
23                (iii) the billing cycle in which service under
24            the current term will expire;
25                (iv) the billing cycle in which service under
26            the new term will begin;

 

 

10200SB3903ham001- 27 -LRB102 24709 AMQ 38309 a

1                (v) the process and options available to the
2            consumer to reject the new contract terms;
3                (vi) the cancellation process if the
4            consumer's contract automatically renews before
5            the consumer rejects the new contract terms;
6                (vii) the terms and conditions of the new
7            contract term;
8                (viii) for a fixed rate contract, a
9            side-by-side comparison of the current price and
10            the new price; for a variable rate contract or
11            time-of-use product in which the first month's
12            renewal price can be determined, a side-by-side
13            comparison of the current price and the price for
14            the first month of the new variable or time-of-use
15            price; or for a variable or time-of-use contract
16            based on a publicly available index, a
17            side-by-side comparison of the current formula and
18            the new formula; and
19                (ix) the phone number and email address to
20            submit a consumer inquiry or complaint to the
21            Illinois Commerce Commission and the Office of the
22            Attorney General.
23            (C) An alternative retail electric supplier shall
24        not automatically renew a consumer's enrollment after
25        the current term of the contract expires when the
26        current term of the contract provides that the

 

 

10200SB3903ham001- 28 -LRB102 24709 AMQ 38309 a

1        consumer will be charged a fixed rate and the renewed
2        contract provides that the consumer will be charged a
3        variable rate, unless: (i) the alternative retail
4        electric supplier complies with subparagraphs (A) and
5        (B); and (ii) the customer expressly consents to the
6        contract renewal in writing or by electronic signature
7        at least 30 days, but no more than 60 days, before the
8        contract expires.
9            (D) This paragraph (7) does not apply to customers
10        enrolled in a municipal aggregation program pursuant
11        to Section 1-92 of the Illinois Power Agency Act.
12        (8) All in-person and telephone solicitations shall be
13    conducted in, translated into, and provided in a language
14    in which the consumer subject to the marketing or
15    solicitation is able to understand and communicate. An
16    alternative retail electric supplier shall terminate a
17    solicitation if the consumer subject to the marketing or
18    communication is unable to understand and communicate in
19    the language in which the marketing or solicitation is
20    being conducted. An alternative retail electric supplier
21    shall comply with Section 2N of this Act.
22        (9) Beginning January 1, 2020, consumers shall have
23    the right to terminate their contract with the alternative
24    retail electric supplier at any time without any
25    termination fees or penalties.
26        (10) An alternative retail electric supplier shall not

 

 

10200SB3903ham001- 29 -LRB102 24709 AMQ 38309 a

1    submit a change to a customer's electric service provider
2    in violation of Section 16-115E of the Public Utilities
3    Act.
4    (c) Complaints may be filed with the Illinois Commerce
5Commission under this Section by a consumer whose electric
6service has been provided by an alternative retail electric
7supplier in a manner not in compliance with this Section or by
8the Illinois Commerce Commission on its own motion when it
9appears to the Commission that an alternative retail electric
10supplier has provided service in a manner not in compliance
11with this Section. If, after notice and hearing, the
12Commission finds that an alternative retail electric supplier
13has violated this Section, the Commission may in its
14discretion do any one or more of the following:
15        (1) Require the violating alternative retail electric
16    supplier to refund to the consumer charges collected in
17    excess of those that would have been charged by the
18    consumer's authorized electric service provider.
19        (2) Require the violating alternative retail electric
20    supplier to pay to the consumer's authorized electric
21    service provider the amount the authorized electric
22    service provider would have collected for the electric
23    service. The Commission is authorized to reduce this
24    payment by any amount already paid by the violating
25    alternative retail electric supplier to the consumer's
26    authorized provider for electric service.

 

 

10200SB3903ham001- 30 -LRB102 24709 AMQ 38309 a

1        (3) Require the violating alternative retail electric
2    supplier to pay a fine of up to $1,000 into the Public
3    Utility Fund for each repeated and intentional violation
4    of this Section.
5        (4) Issue a cease and desist order.
6        (5) For a pattern of violation of this Section or for
7    intentionally violating a cease and desist order, revoke
8    the violating alternative retail electric supplier's
9    certificate of service authority.
10    (d) For purposes of this Section:
11    "Electric service provider" shall have the meaning given
12that phrase in Section 6.5 of the Attorney General Act.
13    "Alternative retail electric supplier" has the meaning
14given to that term in Section 16-102 of the Public Utilities
15Act.
16    (e)(1) Before an alternative retail electric supplier may
17warrant that it has a residential customer or small commercial
18retail customer's express consent agreement to access interval
19data pursuant to subsection (b) of Section 16-122 of the
20Public Utilities Act, the alternative retail electric supplier
21shall: (i) disclose to the consumer at the outset of the offer
22that the alternative retail electric supplier will access the
23consumer's interval data from the consumer's utility with the
24consumer's express agreement, and the consumer's option to
25refuse to provide express agreement to access the consumer's
26interval data; and (ii) obtain the consumer's express

 

 

10200SB3903ham001- 31 -LRB102 24709 AMQ 38309 a

1agreement for the alternative retail electric supplier to
2access the consumer's interval data from the consumer's
3utility in a separate letter of agency, a distinct response to
4a third-party verification, or during a recorded enrollment
5initiated by the consumer with the consumer's consent. The
6disclosure by the alternative retail electric supplier to the
7consumer in this Section shall be conducted in, translated
8into, and provided in a language in which the consumer subject
9to the disclosure is able to understand and communicate.
10    (2) Before an alternative retail electric supplier may
11warrant to an electric utility that it has an express
12agreement from a residential customer or small commercial
13retail customer who was enrolled with the alternative retail
14electric supplier prior to the effective date of this
15amendatory Act of the 102nd General Assembly to access the
16consumer's interval data pursuant to subsection (b)of Section
1716-122 of the Public Utilities Act, an alternative retail
18electric supplier shall: (i) disclose to the consumer that the
19alternative retail electric supplier will access the
20consumer's interval data from the consumer's utility with the
21consumer's express agreement, which is a material change to
22the consumer's existing contract terms, and the consumer's
23option to refuse to provide express agreement to access the
24consumer's interval data; and (ii) obtain the consumer's
25express agreement for the alternative retail electric supplier
26to change the consumer's material contract terms to access the

 

 

10200SB3903ham001- 32 -LRB102 24709 AMQ 38309 a

1consumer's interval data from the consumer's utility in a
2separate letter of agency, a distinct response to a
3third-party verification, or during a recorded enrollment
4initiated by the consumer with the consumer's consent. The
5disclosure by the alternative retail electric supplier to the
6consumer in this Section shall be conducted in, translated
7into, and provided in a language in which the consumer subject
8to the disclosure is able to understand and communicate.
9    (3) An alternative retail electric supplier may refuse to
10enroll or may disenroll a residential customer or small
11commercial retail customer in a product or service pursuant to
12paragraph (4) of subsection (b) of Section 16-122 of the
13Public Utilities Act if the residential customer or small
14commercial retail customer does not provide or revokes consent
15under this subsection.
16    (4) An alternative retail electric supplier shall not
17warrant that it has a non-residential customer's, other than a
18small commercial retail customer, consent to access interval
19data pursuant to subsection (b) of Section 16-122 of the
20Public Utilities Act unless the contract between the
21alternative retail electric supplier and the customer
22explicitly provides the alternative retail electric supplier
23with permission to access the customer's interval meter usage
24data.
25(Source: P.A. 101-590, eff. 1-1-20.)".