Full Text of HB3701 102nd General Assembly
HB3701eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Findings. | 5 | | (a) The General Assembly finds that retail electricity | 6 | | supply products and services that vary by the time of day when | 7 | | electricity is consumed benefits all energy customers by | 8 | | providing greater opportunities for decreasing peak demand, | 9 | | reducing the strain on utility distribution assets, promoting | 10 | | energy efficiency, providing timely energy information alerts | 11 | | (one day lag), and supporting clean energy resources thereby | 12 | | thus promoting the health, safety, and welfare of all citizens | 13 | | of the State of Illinois. | 14 | | (b) The General Assembly finds that significant barriers | 15 | | to adoption of retail electricity time-variant supply products | 16 | | and services, such as time of use pricing, time relevant | 17 | | informational alerts, and demand response products, by | 18 | | alternative retail electric suppliers serving residential and | 19 | | small commercial customers exist under present law and that | 20 | | the Illinois Commerce Commission has held that access to | 21 | | customer interval meter usage data to accurately price | 22 | | products and provide services based upon customer specific and | 23 | | unique electricity usage patterns is most appropriately | 24 | | resolved by the General Assembly. |
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| 1 | | (c) The General Assembly finds that such advance metering | 2 | | infrastructure interval meter usage data can be utilized by | 3 | | alternative retail electric suppliers to develop product and | 4 | | service offerings to consumers that will provide consumers | 5 | | bill and usage alerts and a broader selection of specifically | 6 | | tailored renewable energy, energy efficiency, and vehicle | 7 | | electrification products that will further enhance the State's | 8 | | goals of moving toward a green economy. | 9 | | (d) The General Assembly further finds that to enhance | 10 | | customer benefits of advanced metering infrastructure meter | 11 | | usage data and to facilitate alternative retail electric | 12 | | suppliers' ability to offer such products enabled by advanced | 13 | | metering infrastructure meters for the provision of | 14 | | competitive retail electric supply services certain | 15 | | modifications to existing utility tariffs relating to access | 16 | | to customer usage data are necessary in order for customers to | 17 | | have more frequent access to their monthly billing and daily | 18 | | real-time usage information to fully use the investments | 19 | | therein and to enable customers to more easily and effectively | 20 | | manage their energy consumption. | 21 | | Section 5. The Public Utilities Act is amended by changing | 22 | | Section 16-122 as follows:
| 23 | | (220 ILCS 5/16-122)
| 24 | | Sec. 16-122. Customer information.
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| 1 | | (a) Upon the request of a retail customer, or a person
who | 2 | | presents verifiable authorization and is acting as the
| 3 | | customer's agent, and payment of a reasonable fee, electric
| 4 | | utilities shall provide to the customer or its authorized
| 5 | | agent the customer's billing and usage data.
| 6 | | (b) Upon request from any alternative retail electric
| 7 | | supplier and payment of a reasonable fee , an electric utility
| 8 | | serving retail customers in its service area shall make
| 9 | | available generic information concerning the usage, load shape
| 10 | | curve or other general characteristics of customers by rate
| 11 | | classification. Provided however, no customer specific
| 12 | | billing, usage or load shape data shall be provided under this
| 13 | | subsection unless authorization to provide such information is
| 14 | | provided by the customer pursuant to subsection (a) of this
| 15 | | Section or as otherwise authorized by this subsection (b) .
| 16 | | Not later than 90 days after the effective date of this | 17 | | amendatory Act of the 102nd General Assembly, each electric | 18 | | utility serving at least 100,000 customers that procures power | 19 | | and energy pursuant to Section 16-111.5 of this Act shall file | 20 | | a tariff with the Commission that modifies its current tariff | 21 | | to require all retail customer advanced metering | 22 | | infrastructure meter usage data used for electric power and | 23 | | energy supply service, including billing, settlement, and | 24 | | capacity requirements by a regional transmission organization | 25 | | or independent system operator with said meter usage data in | 26 | | intervals as recorded by the advanced metering be provided as |
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| 1 | | the standard meter data to an alternative retail electric | 2 | | supplier upon express authorization by the customer of record. | 3 | | The tariff shall provide for the utility to reconcile load | 4 | | serving entity wholesale settlement statements with any | 5 | | necessary regional transmission organization or independent | 6 | | system operator using actual customer meter data. The tariff | 7 | | shall also provide that such customer's validated interval | 8 | | meter usage data of not less than 15-minute basis intervals be | 9 | | provided the next calendar day for all retail customers | 10 | | enrolled with an alternative retail electric supplier | 11 | | according to the electric utility's records that have | 12 | | contractually authorized release of such data. Any contractual | 13 | | term or contract authorizing such release must include | 14 | | instructions on how to contact the alternative retail electric | 15 | | supplier and electric utility to opt out of release of the data | 16 | | at any time. An alternative retail electric supplier and its | 17 | | affiliates and contracted third parties shall use such | 18 | | interval meter usage data for the development, marketing, and | 19 | | provision of providing current and future products or services | 20 | | related to retail electric supply service, including, but not | 21 | | limited to, onsite or community generation, energy efficiency | 22 | | or management, time of use pricing, demand response, vehicle | 23 | | electrification, or any other electricity-related products or | 24 | | services. An alternative retail electric supplier and its | 25 | | affiliates and contracted third parties shall be prohibited | 26 | | from selling, licensing, or disclosing such information to a |
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| 1 | | third party for any other purpose. | 2 | | Such electric utility shall file a tariff in accordance | 3 | | with this subsection to provide an alternative retail electric | 4 | | supplier with 24 consecutive months of historical AMI interval | 5 | | data and 24 months of interval meter usage data for each of the | 6 | | following 24 monthly billing periods effective with the month | 7 | | the utility receives such request and upon authorization from | 8 | | the alternative retail electric supplier on behalf of its | 9 | | prospective customer that is not a customer of record. Such | 10 | | tariff shall also allow an alternative retail electric | 11 | | supplier, their affiliates, and contracted third parties, | 12 | | access to 12 months of historical interval meter usage data | 13 | | for new customers and daily access, in the normal course of | 14 | | business, to all existing retail customers of that alternative | 15 | | retail electric supplier, in bulk, using a web portal or | 16 | | comparable interface provided by the electric utility. An | 17 | | alternative retail electric supplier and its affiliates and | 18 | | contracted third parties shall use such data for the | 19 | | development, marketing, and provision of current and future | 20 | | products or services related to retail electric supply | 21 | | service, including, but not limited to, onsite or community | 22 | | generation, energy efficiency or management, time of use | 23 | | pricing, demand response, vehicle electrification, or any | 24 | | other electricity-related products or services. An alternative | 25 | | retail electric supplier and its affiliates and contracted | 26 | | third parties shall be prohibited from selling, licensing, or |
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| 1 | | disclosing such information to a third party for any other | 2 | | purpose. | 3 | | Use of such interval meter usage data by an alternative | 4 | | retail electric supplier contrary to the purposes and | 5 | | provisions of this subsection shall constitute a violation of | 6 | | Section 16-115A of this Act. | 7 | | (c) Upon request from a unit of local government and | 8 | | payment of a
reasonable fee , an electric utility shall make | 9 | | available information concerning
the usage, load shape curves, | 10 | | and other characteristics of customers by
customer | 11 | | classification and location within the boundaries of the unit | 12 | | of local
government, however, no customer specific billing, | 13 | | usage, or load shape data
shall be provided under this | 14 | | subsection unless authorization to provide that
information is | 15 | | provided by the customer.
| 16 | | (d) All such customer information shall be made available
| 17 | | in a timely fashion in an electronic format , if available .
| 18 | | (Source: P.A. 92-585, eff. 6-26-02.)
| 19 | | Section 10. The Consumer Fraud and Deceptive Business | 20 | | Practices Act is amended by changing Section 2EE as follows:
| 21 | | (815 ILCS 505/2EE)
| 22 | | Sec. 2EE. Alternative retail electric supplier selection. | 23 | | (a) An alternative retail electric supplier shall not | 24 | | submit or execute
a change in a consumer's selection of a |
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| 1 | | provider of electric
service unless and until: | 2 | | (i) the alternative retail electric supplier first | 3 | | discloses all material terms and conditions of the offer | 4 | | to the consumer; | 5 | | (ii) 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 supplier discloses the utility electric supply | 9 | | price to compare, which shall be the sum of the electric | 10 | | supply charge and the transmission services charge, and | 11 | | shall not include the purchased electricity adjustment, | 12 | | applicable at the time the offer is made to the consumer; | 13 | | (iii) 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 provider discloses the following statement: | 17 | | "(Name of the alternative retail electric | 18 | | supplier) is not the same entity as your electric | 19 | | delivery company. You are not required to enroll with | 20 | | (name of alternative retail electric supplier). As of | 21 | | (effective date), the electric supply price to compare | 22 | | is currently (price in cents per kilowatt hour). The | 23 | | electric utility electric supply price will expire on | 24 | | (expiration date). The utility electric supply price | 25 | | to compare does not include the purchased electricity | 26 | | adjustment factor. For more information go to the |
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| 1 | | Illinois Commerce Commission's free website at | 2 | | www.pluginillinois.org.". | 3 | | If applicable, the statement shall include the | 4 | | following statement: | 5 | | "The purchased electricity adjustment factor may | 6 | | range between +.5 cents and -.5 cents per kilowatt | 7 | | hour."; | 8 | | (iv) the alternative retail electric supplier has | 9 | | obtained the consumer's express agreement to accept the | 10 | | offer after the disclosure of all material terms and | 11 | | conditions of the offer; and | 12 | | (v) the alternative retail electric supplier has | 13 | | confirmed the request for a change in accordance with one | 14 | | of the following procedures:
| 15 | | (A) The new alternative retail electric supplier | 16 | | has obtained the consumer's
written or electronically | 17 | | signed
authorization in a form that meets the
| 18 | | following requirements:
| 19 | | (1) An alternative retail electric supplier | 20 | | shall obtain any
necessary written or | 21 | | electronically signed authorization from a | 22 | | consumer for a
change in electric service by using | 23 | | a letter of agency as
specified in this
Section. | 24 | | Any letter of agency that does
not conform with | 25 | | this
Section is invalid.
| 26 | | (2) The letter of agency shall be a separate
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| 1 | | document (an easily separable document containing | 2 | | only
the authorization language described in | 3 | | subparagraph (5)) whose sole purpose is to | 4 | | authorize an
electric service provider change. The | 5 | | letter of agency
must be signed and dated by the | 6 | | consumer requesting the
electric service provider | 7 | | change.
| 8 | | (3) The letter of agency shall not be combined | 9 | | with
inducements of any kind on the same document.
| 10 | | (4) Notwithstanding subparagraphs (1) and (2), | 11 | | the letter of agency may be combined with
checks | 12 | | that contain only the required letter of agency
| 13 | | language prescribed in subparagraph (5) and
the | 14 | | necessary information to make the check a | 15 | | negotiable
instrument. The letter of agency check | 16 | | shall not contain
any promotional language or | 17 | | material. The letter of
agency check shall contain | 18 | | in easily readable, bold-face
type on the face of | 19 | | the check, a notice that the consumer
is | 20 | | authorizing an electric service provider change by
| 21 | | signing the check. The letter of agency language | 22 | | also
shall be placed near the signature line on | 23 | | the back of
the check.
| 24 | | (5) At a minimum, the letter of agency must be
| 25 | | printed with a print of sufficient size to be | 26 | | clearly
legible, and must contain clear and |
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| 1 | | unambiguous language
that confirms:
| 2 | | (i) The consumer's billing name and | 3 | | address;
| 4 | | (ii) The decision to change the electric | 5 | | service
provider from the current provider to | 6 | | the
prospective provider;
| 7 | | (iii) The terms, conditions, and nature of | 8 | | the
service to be provided to the consumer | 9 | | must be
clearly and conspicuously disclosed, | 10 | | in writing, and
an alternative retail electric | 11 | | supplier must directly establish
the rates for | 12 | | the service contracted for by the consumer; | 13 | | and
| 14 | | (iv) That the consumer understand that any
| 15 | | alternative retail electric supplier selection | 16 | | the consumer
chooses may involve a charge to | 17 | | the consumer for
changing the consumer's | 18 | | electric service provider.
| 19 | | (6) Letters of agency shall not suggest or | 20 | | require
that a consumer take some action in order | 21 | | to retain the consumer's
current electric service | 22 | | provider.
| 23 | | (7) If any portion of a letter of agency is
| 24 | | translated into another language, then all | 25 | | portions of
the letter of agency must be | 26 | | translated into that
language.
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| 1 | | (B) An appropriately qualified independent third | 2 | | party has obtained, in accordance with the procedures | 3 | | set forth in this subsection (b), the consumer's oral | 4 | | authorization to change electric suppliers that | 5 | | confirms and includes appropriate verification data. | 6 | | The independent third party (i) must not be owned, | 7 | | managed, controlled, or directed by the supplier or | 8 | | the supplier's marketing agent; (ii) must not have any | 9 | | financial incentive to confirm supplier change | 10 | | requests for the supplier or the supplier's marketing | 11 | | agent; and (iii) must operate in a location physically | 12 | | separate from the supplier or the supplier's marketing | 13 | | agent.
| 14 | | Automated third-party verification systems and | 15 | | 3-way conference calls may be used for verification | 16 | | purposes so long as the other requirements of this | 17 | | subsection (b) are satisfied. | 18 | | A supplier or supplier's sales representative | 19 | | initiating a 3-way conference call or a call through | 20 | | an automated verification system must drop off the | 21 | | call once the 3-way connection has been established. | 22 | | All third-party verification methods shall elicit, | 23 | | at a minimum, the following information: (i) the | 24 | | identity of the consumer; (ii) confirmation that the | 25 | | person on the call is the account holder, has been | 26 | | specifically and explicitly authorized by the account |
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| 1 | | holder, or possesses lawful authority to make the | 2 | | supplier change; (iii) confirmation that the person on | 3 | | the call wants to make the supplier change; (iv) the | 4 | | names of the suppliers affected by the change; (v) the | 5 | | service address of the supply to be switched; and (vi) | 6 | | the price of the service to be supplied and the | 7 | | material terms and conditions of the service being | 8 | | offered, including whether any early termination fees | 9 | | apply. Third-party verifiers may not market the | 10 | | supplier's services by providing additional | 11 | | information, including information regarding | 12 | | procedures to block or otherwise freeze an account | 13 | | against further changes. | 14 | | All third-party verifications shall be conducted | 15 | | in the same language that was used in the underlying | 16 | | sales transaction and shall be recorded in their | 17 | | entirety. Submitting suppliers shall maintain and | 18 | | preserve audio records of verification of subscriber | 19 | | authorization for a minimum period of 2 years after | 20 | | obtaining the verification. Automated systems must | 21 | | provide consumers with an option to speak with a live | 22 | | person at any time during the call.
Each disclosure | 23 | | made during the third-party verification must be made | 24 | | individually to obtain clear acknowledgment of each | 25 | | disclosure. The alternative retail electric supplier | 26 | | must be in a location where he or she cannot hear the |
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| 1 | | customer while the third-party verification is | 2 | | conducted. The alternative retail electric supplier | 3 | | shall not contact the customer after the third-party | 4 | | verification for a period of 24 hours unless the | 5 | | customer initiates the contact. | 6 | | (C) When a consumer initiates the call to the | 7 | | prospective alternative retail electric supplier, in | 8 | | order to enroll the consumer as a customer, the | 9 | | prospective alternative retail electric supplier must, | 10 | | with the consent of the customer, make a date-stamped, | 11 | | time-stamped audio recording that elicits, at a | 12 | | minimum, the following information: | 13 | | (1) the identity of the customer; | 14 | | (2) confirmation that the person on the call | 15 | | is authorized to make the supplier change; | 16 | | (3) confirmation that the person on the call | 17 | | wants to make the supplier change; | 18 | | (4) the names of the suppliers affected by the | 19 | | change; | 20 | | (5) the service address of the supply to be | 21 | | switched; and | 22 | | (6) the price of the service to be supplied | 23 | | and the material terms and conditions of the | 24 | | service being offered, including whether any early | 25 | | termination fees apply.
| 26 | | Submitting suppliers shall maintain and preserve |
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| 1 | | the audio records containing the information set forth | 2 | | above for a minimum period of 2 years.
| 3 | | (b)(1) An alternative retail electric supplier shall not | 4 | | utilize the name of a public utility in any manner that is | 5 | | deceptive or misleading, including, but not limited to | 6 | | implying or otherwise leading a consumer to believe that an | 7 | | alternative retail electric supplier is soliciting on behalf | 8 | | of or is an agent of a utility. An alternative retail electric | 9 | | supplier shall not utilize the name, or any other identifying | 10 | | insignia, graphics, or wording that has been used at any time | 11 | | to represent a public utility company or its services, to | 12 | | identify, label, or define any of its electric power and | 13 | | energy service offers. An alternative retail electric supplier | 14 | | may state the name of a public electric utility in order to | 15 | | accurately describe the electric utility service territories | 16 | | in which the supplier is currently offering an electric power | 17 | | and energy service. An alternative retail electric supplier | 18 | | that is the affiliate of an Illinois public utility and that | 19 | | was doing business in Illinois providing alternative retail | 20 | | electric service on January 1, 2016 may continue to use that | 21 | | public utility's name, logo, identifying insignia, graphics, | 22 | | or wording in its business operations occurring outside the | 23 | | service territory of the public utility with which it is | 24 | | affiliated. | 25 | | (2) An alternative retail electric supplier shall not | 26 | | state or otherwise imply that the alternative retail electric |
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| 1 | | supplier is employed by, representing, endorsed by, or acting | 2 | | on behalf of a utility or utility program, a consumer group or | 3 | | consumer group program, or a governmental body, unless the | 4 | | alternative retail electric supplier has entered into a | 5 | | contractual arrangement with the governmental body and has | 6 | | been authorized by the governmental body to make the | 7 | | statements. | 8 | | (3) An alternative retail electric supplier shall not | 9 | | warrant or otherwise represent to an electric utility that the | 10 | | alternative retail electric supplier is authorized to access | 11 | | the interval data of a current or prospective residential or | 12 | | small commercial retail customer unless the alternative retail | 13 | | electric supplier has obtained authorization pursuant to | 14 | | Section 16-122 of the Public Utilities Act or as otherwise | 15 | | authorized by the Commission. | 16 | | (c) An alternative retail electric supplier shall not | 17 | | submit or execute a change in a consumer's selection of a | 18 | | provider of electric service unless the alternative retail | 19 | | electric supplier complies with the following requirements of | 20 | | this subsection (c). It is a violation of this Section for an | 21 | | alternative retail electric supplier to fail to comply with | 22 | | this subsection (c). The requirements of this subsection (c) | 23 | | shall only apply to residential and small commercial retail | 24 | | customers. For purposes of this subsection (c) only, "small | 25 | | commercial retail customer" has the meaning given to that term | 26 | | in Section 16-102 of the Public Utilities Act. |
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| 1 | | (1) During a solicitation an alternative retail | 2 | | electric supplier shall state that he or represents an | 3 | | independent seller of electric power and energy service | 4 | | certified by the Illinois Commerce Commission and that he | 5 | | or she is not employed by, representing, endorsed by, or | 6 | | acting on behalf of, a utility, or a utility program, a | 7 | | consumer group or consumer group program, or a | 8 | | governmental body, unless the alternative retail electric | 9 | | supplier has entered into a contractual arrangement with | 10 | | the governmental body and has been authorized with the | 11 | | governmental body to make the statements. | 12 | | (2) Alternative retail electric suppliers who engage | 13 | | in in-person solicitation for the purpose of selling | 14 | | electric power and energy service offered by the | 15 | | alternative retail electric supplier shall display | 16 | | identification on an outer garment. This identification | 17 | | shall be visible at all times and prominently display the | 18 | | following: (i) the alternative retail electric supplier | 19 | | agent's full name in reasonable size font; (ii) an agent | 20 | | identification number; (iii) a photograph of the | 21 | | alternative retail electric supplier agent; and (iv) the | 22 | | trade name and logo of the alternative retail electric | 23 | | supplier the agent is representing. If the agent is | 24 | | selling electric power and energy services from multiple | 25 | | alternative retail electric suppliers to the consumer, the | 26 | | identification shall display the trade name and logo of |
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| 1 | | the agent, broker, or consultant entity as that entity is | 2 | | defined in Section 16-115C of the Public Utilities Act. An | 3 | | alternative retail electric supplier shall leave the | 4 | | premises at the consumer's, owner's, or occupant's | 5 | | request. A copy of the Uniform Disclosure Statement | 6 | | described in 83 Ill. Adm. Code 412.115 and 412.Appendix A | 7 | | is to be left with the consumer, at the conclusion of the | 8 | | visit unless the consumer refuses to accept a copy. An | 9 | | alternative retail electric supplier may provide the | 10 | | Uniform Disclosure Statement electronically instead of in | 11 | | paper form to a consumer upon that customer's request. The | 12 | | alternative retail electric supplier shall also offer to | 13 | | the consumer, at the time of the initiation of the | 14 | | solicitation, a business card or other material that lists | 15 | | the agent's name, identification number and title, and the | 16 | | alternative retail electric supplier's name and contact | 17 | | information, including phone number. The alternative | 18 | | retail electric supplier shall not conduct any in-person | 19 | | solicitations of consumers at any building or premises | 20 | | where any sign, notice, or declaration of any description | 21 | | whatsoever is posted that prohibits sales, marketing, or | 22 | | solicitations. The alternative retail electric supplier | 23 | | shall obtain consent to enter multi-unit residential | 24 | | dwellings. Consent obtained to enter a multi-unit dwelling | 25 | | from one prospective customer or occupant of the dwelling | 26 | | shall not constitute consent to market to any other |
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| 1 | | prospective consumers without separate consent. | 2 | | (3) An alternative retail electric supplier who | 3 | | contacts consumers by telephone for the purpose of selling | 4 | | electric power and energy service shall provide the | 5 | | agent's name and identification number. Any telemarketing | 6 | | solicitations that lead to a telephone enrollment of a | 7 | | consumer must be recorded and retained for a minimum of 2 | 8 | | years. All telemarketing calls of consumers that do not | 9 | | lead to a telephone enrollment, but last at least 2 | 10 | | minutes, shall be recorded and retained for a minimum of 6 | 11 | | months. | 12 | | (4) During an inbound enrollment call, an alternative | 13 | | retail electric supplier shall state that he or she | 14 | | represents an independent seller of electric power and | 15 | | energy service certified by the Illinois Commerce | 16 | | Commission. All inbound enrollment calls that lead to an | 17 | | enrollment shall be recorded, and the recordings shall be | 18 | | retained for a minimum of 2 years. An inbound enrollment | 19 | | call that does not lead to an enrollment, but lasts at | 20 | | least 2 minutes, shall be retained for a minimum of 6 | 21 | | months. The alternative retail electric supplier shall | 22 | | send the Uniform Disclosure Statement and contract to the | 23 | | customer within 3 business days after the electric | 24 | | utility's confirmation to the alternative retail electric | 25 | | supplier of an accepted enrollment. | 26 | | (5) If a direct mail solicitation to a consumer |
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| 1 | | includes a written letter of agency, it shall include the | 2 | | Uniform Disclosure Statement described in 83 Ill. Adm. | 3 | | Code 412.115 and 412.Appendix A. The Uniform Disclosure | 4 | | Statement shall be provided on a separate page from the | 5 | | other marketing materials included in the direct mail | 6 | | solicitation. If a written letter of agency is being used | 7 | | to authorize a consumer's enrollment, the written letter | 8 | | of agency shall comply with this Section. A copy of the | 9 | | contract must be sent to consumer within 3 business days | 10 | | after the electric utility's confirmation to the | 11 | | alternative retail electric supplier of an accepted | 12 | | enrollment. | 13 | | (6) Online Solicitation. | 14 | | (A) Each alternative retail electric supplier | 15 | | offering electric power and energy service to | 16 | | consumers online shall clearly and conspicuously make | 17 | | all disclosures for any services offered through | 18 | | online enrollment before requiring the consumer to | 19 | | enter any personal information other than zip code, | 20 | | electric utility service territory, or type of service | 21 | | sought. | 22 | | (B) Notwithstanding any requirements in this | 23 | | Section to the contrary, an alternative retail | 24 | | electric supplier may secure consent from the consumer | 25 | | to obtain customer-specific billing and usage | 26 | | information for the sole purpose of determining and |
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| 1 | | pricing a product through a letter of agency or method | 2 | | approved through an Illinois Commerce Commission | 3 | | docket before making all disclosure for services | 4 | | offered through online enrollment. It is a violation | 5 | | of this Act for an alternative retail electric | 6 | | supplier to use a consumer's utility account number to | 7 | | execute or change a consumer's enrollment unless the | 8 | | consumer expressly consents to that enrollment as | 9 | | required by law. | 10 | | (C) The enrollment website of the alternative | 11 | | retail electric supplier shall, at a minimum, include: | 12 | | (i) disclosure of all material terms and conditions of | 13 | | the offer; (ii) a statement that electronic acceptance | 14 | | of the terms and conditions is an agreement to | 15 | | initiate service and begin enrollment; (iii) a | 16 | | statement that the consumer shall review the contract | 17 | | or contact the current supplier to learn if any early | 18 | | termination fees are applicable; and (iv) an email | 19 | | address and toll-free phone number of the alternative | 20 | | retail electric supplier where the customer can | 21 | | express a decision to rescind the contract. | 22 | | (7)(A) Beginning January 1, 2020, an alternative | 23 | | retail electric supplier shall not sell or offer to sell | 24 | | any products or services to a consumer pursuant to a | 25 | | contract in which the contract automatically renews, | 26 | | unless an alternative retail electric supplier provides to |
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| 1 | | the consumer at the outset of the offer, in addition to | 2 | | other disclosures required by law, a separate written | 3 | | statement titled "Automatic Contract Renewal" that clearly | 4 | | and conspicuously discloses in bold lettering in at least | 5 | | 12-point font the terms and conditions of the automatic | 6 | | contract renewal provision, including: (i) the estimated | 7 | | bill cycle on which the initial contract term expires and | 8 | | a statement that it could be later based on when the | 9 | | utility accepts the initial enrollment; (ii) the estimated | 10 | | bill cycle on which the new contract term begins and a | 11 | | statement that it will immediately follow the last billing | 12 | | cycle of the current term; (iii) the procedure to | 13 | | terminate the contract before the new contract term | 14 | | applies; and (iv) the cancellation procedure. If the | 15 | | alternative retail electric supplier sells or offers to | 16 | | sell the products or services to a consumer during an | 17 | | in-person solicitation or telemarketing solicitation, the | 18 | | disclosures described in this subparagraph (A) shall also | 19 | | be made to the consumer verbally during the solicitation. | 20 | | Nothing in this subparagraph (A) shall be construed to | 21 | | apply to contracts entered into before January 1, 2020. | 22 | | (B) At least 30 days before, but not more than 60 | 23 | | days prior, to the end of the initial contract term, in | 24 | | any and all contracts that automatically renew after | 25 | | the initial term, the alternative retail electric | 26 | | supplier shall send, in addition to other disclosures |
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| 1 | | required by law, a separate written notice of the | 2 | | contract renewal to the consumer that clearly and | 3 | | conspicuously discloses the following: | 4 | | (i) a statement printed or visible from the | 5 | | outside of the envelope or in the subject line of | 6 | | the email, if the customer has agreed to receive | 7 | | official documents by email, that states "Contract | 8 | | Renewal Notice"; | 9 | | (ii) a statement in bold lettering, in at | 10 | | least 12-point font, that the contract will | 11 | | automatically renew unless the customer cancels | 12 | | it; | 13 | | (iii) the billing cycle in which service under | 14 | | the current term will expire; | 15 | | (iv) the billing cycle in which service under | 16 | | the new term will begin; | 17 | | (v) the process and options available to the | 18 | | consumer to reject the new contract terms; | 19 | | (vi) the cancellation process if the | 20 | | consumer's contract automatically renews before | 21 | | the consumer rejects the new contract terms; | 22 | | (vii) the terms and conditions of the new | 23 | | contract term; | 24 | | (viii) for a fixed rate contract, a | 25 | | side-by-side comparison of the current price and | 26 | | the new price; for a variable rate contract or |
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| 1 | | time-of-use product in which the first month's | 2 | | renewal price can be determined, a side-by-side | 3 | | comparison of the current price and the price for | 4 | | the first month of the new variable or time-of-use | 5 | | price; or for a variable or time-of-use contract | 6 | | based on a publicly available index, a | 7 | | side-by-side comparison of the current formula and | 8 | | the new formula; and | 9 | | (ix) the phone number and email address to | 10 | | submit a consumer inquiry or complaint to the | 11 | | Illinois Commerce Commission and the Office of the | 12 | | Attorney General. | 13 | | (C) An alternative retail electric supplier shall | 14 | | not automatically renew a consumer's enrollment after | 15 | | the current term of the contract expires when the | 16 | | current term of the contract provides that the | 17 | | consumer will be charged a fixed rate and the renewed | 18 | | contract provides that the consumer will be charged a | 19 | | variable rate, unless: (i) the alternative retail | 20 | | electric supplier complies with subparagraphs (A) and | 21 | | (B); and (ii) the customer expressly consents to the | 22 | | contract renewal in writing or by electronic signature | 23 | | at least 30 days, but no more than 60 days, before the | 24 | | contract expires. | 25 | | (D) This paragraph (7) does not apply to customers | 26 | | enrolled in a municipal aggregation program pursuant |
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| 1 | | to Section 1-92 of the Illinois Power Agency Act. | 2 | | (8) All in-person and telephone solicitations shall be | 3 | | conducted in, translated into, and provided in a language | 4 | | in which the consumer subject to the marketing or | 5 | | solicitation is able to understand and communicate. An | 6 | | alternative retail electric supplier shall terminate a | 7 | | solicitation if the consumer subject to the marketing or | 8 | | communication is unable to understand and communicate in | 9 | | the language in which the marketing or solicitation is | 10 | | being conducted. An alternative retail electric supplier | 11 | | shall comply with Section 2N of this Act. | 12 | | (9) Beginning January 1, 2020, consumers shall have | 13 | | the right to terminate their contract with the alternative | 14 | | retail electric supplier at any time without any | 15 | | termination fees or penalties. | 16 | | (10) An alternative retail electric supplier shall not | 17 | | submit a change to a customer's electric service provider | 18 | | in violation of Section 16-115E of the Public Utilities | 19 | | Act. | 20 | | (c) Complaints may be filed with the Illinois Commerce | 21 | | Commission under this Section by a consumer whose electric | 22 | | service has been provided by an alternative retail electric | 23 | | supplier in a manner not in compliance with this Section or by | 24 | | the Illinois Commerce Commission on its own motion when it | 25 | | appears to the Commission that an alternative retail electric | 26 | | supplier has provided service in a manner not in compliance |
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| 1 | | with this Section. If, after notice and hearing, the | 2 | | Commission finds that an alternative retail electric supplier | 3 | | has violated this Section, the Commission may in its | 4 | | discretion do any one or more of the following: | 5 | | (1) Require the violating alternative retail electric | 6 | | supplier to refund to the consumer charges collected in | 7 | | excess of those that would have been charged by the | 8 | | consumer's authorized electric service provider. | 9 | | (2) Require the violating alternative retail electric | 10 | | supplier to pay to the consumer's authorized electric | 11 | | service provider the amount the authorized electric | 12 | | service provider would have collected for the electric | 13 | | service. The Commission is authorized to reduce this | 14 | | payment by any amount already paid by the violating | 15 | | alternative retail electric supplier to the consumer's | 16 | | authorized provider for electric service. | 17 | | (3) Require the violating alternative retail electric | 18 | | supplier to pay a fine of up to $1,000 into the Public | 19 | | Utility Fund for each repeated and intentional violation | 20 | | of this Section. | 21 | | (4) Issue a cease and desist order. | 22 | | (5) For a pattern of violation of this Section or for | 23 | | intentionally violating a cease and desist order, revoke | 24 | | the violating alternative retail electric supplier's | 25 | | certificate of service authority.
| 26 | | (d) For purposes of this
Section: |
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| 1 | | "Electric service provider"
shall have the meaning given | 2 | | that phrase in
Section 6.5 of the
Attorney General Act.
| 3 | | "Alternative retail electric supplier" has the meaning | 4 | | given to that term in Section 16-102 of the Public Utilities | 5 | | Act. | 6 | | (Source: P.A. 101-590, eff. 1-1-20 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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