Bill Amendment: IL SB1531 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REAL ESTATE APPRAISER-BOARD
Status: 2019-01-09 - Session Sine Die [SB1531 Detail]
Download: Illinois-2017-SB1531-House_Amendment_004.html
Bill Title: REAL ESTATE APPRAISER-BOARD
Status: 2019-01-09 - Session Sine Die [SB1531 Detail]
Download: Illinois-2017-SB1531-House_Amendment_004.html
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1 | AMENDMENT TO SENATE BILL 1531
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2 | AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by changing | ||||||
5 | Sections 16-115A, 16-118, 19-115, 19-130, 19-135, and 20-110 | ||||||
6 | and by adding Sections 16-115E and 19-116 as follows:
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7 | (220 ILCS 5/16-115A)
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8 | Sec. 16-115A.
Obligations of alternative retail electric
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9 | suppliers.
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10 | (a) An alternative retail electric supplier shall :
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11 | (i) shall comply with the requirements imposed on | ||||||
12 | public
utilities by Sections 8-201 through 8-207, 8-301, | ||||||
13 | 8-505
and 8-507 of this Act, to the extent that these | ||||||
14 | Sections
have application to the services being offered by | ||||||
15 | the
alternative retail electric supplier; and
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16 | (ii) shall continue to comply with the requirements for
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1 | certification stated in subsection (d) of Section 16-115 ; .
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2 | (iii) on January 1, 2019, and every first day of each | ||||||
3 | quarter thereafter, shall submit to the Commission and the | ||||||
4 | Office of the Attorney General the rates the retail | ||||||
5 | electric supplier charged to residential customers in the | ||||||
6 | prior quarter, including each distinct rate charged and | ||||||
7 | whether the rate was a fixed or variable rate, the basis | ||||||
8 | for the variable rate, and any fees charged in addition to | ||||||
9 | the supply rate, including monthly fees, flat fees, or | ||||||
10 | other service charges; | ||||||
11 | (iv) shall make publicly available on its website, | ||||||
12 | without the need for a customer login, rate information for | ||||||
13 | all of its variable, time-of-use, and fixed rate contracts | ||||||
14 | currently available to residential customers, including, | ||||||
15 | but not limited to, fixed monthly charges, early | ||||||
16 | termination charges, and kilowatt-hour charges; | ||||||
17 | (v) no less than 30 days but no more than 60 days | ||||||
18 | before a residential customer's price per kilowatt hour or | ||||||
19 | other charge changes, shall send a separate written notice | ||||||
20 | by United States Mail or electronic mail, as specified by | ||||||
21 | the residential customer, addressed to the residential | ||||||
22 | customer informing the residential customer of the | ||||||
23 | upcoming change in price or other charge; the changed price | ||||||
24 | per kilowatt hour or other charge shall be included in the | ||||||
25 | notice and shall not require the residential customer to | ||||||
26 | visit or log on to a website to obtain the change in price |
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1 | or other charge; the telephone number and email address to | ||||||
2 | contact the supplier shall be included in the notice; and | ||||||
3 | (vi) shall not automatically renew a contract with a | ||||||
4 | residential customer at a rate higher than the initial term | ||||||
5 | of the contract or automatically change or renew a fixed | ||||||
6 | rate contract to a variable rate contract. A residential | ||||||
7 | customer may agree to a contract renewal at a rate higher | ||||||
8 | than the initial term of the contract if the notice | ||||||
9 | requirements in paragraph (v) have been met and the | ||||||
10 | residential customer expressly consents to the contract | ||||||
11 | renewal in writing or by an electronic signature. A | ||||||
12 | residential customer may void a variable rate contract | ||||||
13 | unless the residential customer received a disclosure | ||||||
14 | showing the prior 12 months of charges under the variable | ||||||
15 | rate contract and the disclosures required by paragraph (i) | ||||||
16 | of subsection (e) before expressly consenting to the | ||||||
17 | contract renewal. | ||||||
18 | (b) An alternative retail electric supplier shall obtain | ||||||
19 | verifiable
authorization from a customer, in a form or manner | ||||||
20 | approved by the Commission
consistent with Section 2EE of the | ||||||
21 | Consumer Fraud and Deceptive Business
Practices Act, before the | ||||||
22 | customer is switched from another supplier.
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23 | (c) No alternative retail electric supplier, or electric
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24 | utility other than the electric utility in whose service area
a | ||||||
25 | customer is located, shall (i) enter into or employ any
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26 | arrangements which have the effect of preventing a retail
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1 | customer with a maximum electrical demand of less than one
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2 | megawatt from having access to the services of the electric
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3 | utility in whose service area the customer is located or (ii)
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4 | charge retail customers for such access. This subsection shall | ||||||
5 | not be
construed to prevent an arms-length agreement between a
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6 | supplier and a retail customer that sets a term of service, | ||||||
7 | notice
period for terminating service and provisions governing | ||||||
8 | early
termination through a tariff or contract as allowed by | ||||||
9 | Section 16-119.
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10 | (d) An alternative retail electric supplier that is
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11 | certified to serve residential or small commercial retail
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12 | customers shall not:
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13 | (1) deny service to a customer or group of customers
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14 | nor establish any differences as to prices, terms,
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15 | conditions, services, products, facilities, or in any
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16 | other respect, whereby such denial or differences are based | ||||||
17 | upon
race, gender or income , except as provided in Section | ||||||
18 | 16-115E .
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19 | (2) deny service to a customer or group of customers | ||||||
20 | based on locality
nor establish any unreasonable | ||||||
21 | difference as to prices,
terms, conditions, services, | ||||||
22 | products, or facilities as
between localities.
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23 | (e) An alternative retail electric supplier shall comply
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24 | with the following requirements with respect to the marketing,
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25 | offering and provision of products or services to residential
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26 | and small commercial retail customers:
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1 | (i) All Any marketing materials , including electronic | ||||||
2 | marketing materials, in-person solicitations, and | ||||||
3 | telephone solicitations, which make
statements concerning | ||||||
4 | prices, terms and conditions
of service shall contain | ||||||
5 | information that adequately
discloses the prices, terms | ||||||
6 | and conditions of the
products or services that the | ||||||
7 | alternative retail
electric supplier is offering or | ||||||
8 | selling to the
customer and shall contain the Historical | ||||||
9 | Prices to Compare from the immediately preceding 12 months | ||||||
10 | as displayed on the Plug-In Illinois website maintained by | ||||||
11 | the Illinois Commerce Commission . The disclosure may group | ||||||
12 | months during which the price to compare was unchanged and | ||||||
13 | may include more than 12 months if the immediately | ||||||
14 | preceding 12 months are included. All marketing materials, | ||||||
15 | including, but not limited to, electronic marketing | ||||||
16 | materials, in-person solicitations, and telephone | ||||||
17 | solicitations, shall include the following statement: | ||||||
18 | "(Name of alternative retail electric supplier) is not the | ||||||
19 | same entity as your electric utility delivery company. You | ||||||
20 | are not required to enroll with (name of alternative retail | ||||||
21 | electric supplier). For information on comparison rates | ||||||
22 | for utility electric supply service and understanding your | ||||||
23 | electric supply choices, go to the Illinois Commerce | ||||||
24 | Commission's free website at www.pluginillinois.org.". | ||||||
25 | This paragraph (i) does not apply to goodwill or | ||||||
26 | institutional advertising.
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1 | (ii) Before any customer is switched from
another | ||||||
2 | supplier, the alternative retail electric
supplier shall | ||||||
3 | give the customer written information
that adequately | ||||||
4 | discloses, in plain language, the
prices, terms and | ||||||
5 | conditions of the products and
services being offered and | ||||||
6 | sold to the customer.
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7 | (iii) An alternative retail electric supplier
shall | ||||||
8 | provide documentation to the Commission and to
customers | ||||||
9 | that substantiates any claims made by the
alternative | ||||||
10 | retail electric supplier regarding the
technologies and | ||||||
11 | fuel types used to generate the
electricity offered or sold | ||||||
12 | to customers.
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13 | (iv) The alternative retail electric supplier
shall | ||||||
14 | provide to the customer (1) itemized billing
statements | ||||||
15 | that describe the products and services
provided to the | ||||||
16 | customer and their prices, and (2)
an additional statement, | ||||||
17 | at least annually, that
adequately discloses the average | ||||||
18 | monthly prices, and
the terms and conditions, of the | ||||||
19 | products and
services sold to the customer.
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20 | (f) An alternative retail electric supplier may limit
the | ||||||
21 | overall size or availability of a service offering by
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22 | specifying one or more of the following: a maximum number of
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23 | customers, maximum amount of electric load to be served, time
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24 | period during which the offering will be available, or other
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25 | comparable limitation, but not including the geographic
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26 | locations of customers within the area which the alternative
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1 | retail electric supplier is certificated to serve. The
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2 | alternative retail electric supplier shall file the terms and
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3 | conditions of such service offering including the applicable
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4 | limitations with the Commission prior to making the service
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5 | offering available to customers.
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6 | (g) Nothing in this Section shall be construed as
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7 | preventing an alternative retail electric supplier,
which is an | ||||||
8 | affiliate of, or which contracts with, (i) an
industry or trade | ||||||
9 | organization or association, (ii) a
membership organization or | ||||||
10 | association that exists for a
purpose other than the purchase | ||||||
11 | of electricity, or (iii)
another organization that meets | ||||||
12 | criteria established in a rule
adopted by the Commission, from | ||||||
13 | offering through the
organization or association services at | ||||||
14 | prices, terms and
conditions that are available solely to the | ||||||
15 | members of the
organization or association.
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16 | (Source: P.A. 90-561, eff. 12-16-97.)
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17 | (220 ILCS 5/16-115E new) | ||||||
18 | Sec. 16-115E. Alternative retail electric supplier; | ||||||
19 | utility assistance recipient. | ||||||
20 | (a) Beginning 90 days after the effective date of this | ||||||
21 | amendatory Act of the 100th General Assembly, no customer who | ||||||
22 | has received financial assistance within the preceding 12 | ||||||
23 | months from the Low Income Home Energy Assistance Program or | ||||||
24 | the Percentage of Income Payment Plan shall be switched to an | ||||||
25 | alternative retail electric supplier, unless: (1) the customer |
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1 | is switched pursuant to a government aggregation program | ||||||
2 | adopted in accordance with Section 1-92 of the Illinois Power | ||||||
3 | Agency Act if the government aggregation program does not | ||||||
4 | charge a supply charge that exceeds the public utility supply | ||||||
5 | price, which is determined by comparing the total supply charge | ||||||
6 | from the government aggregation program with the total supply | ||||||
7 | charge that would apply to the customer for the billing period | ||||||
8 | if the customer obtained supply from the utility; or (2) the | ||||||
9 | customer is switched to a Commission-approved savings | ||||||
10 | guarantee plan as described in subsection (b). | ||||||
11 | (b) Beginning January 1, 2020, an alternative retail | ||||||
12 | electric supplier may apply to the Commission to offer a | ||||||
13 | savings guarantee plan to recipients of Low Income Home Energy | ||||||
14 | Assistance Program funding or Percentage of Income Payment Plan | ||||||
15 | funding. The Commission shall initiate a public, docketed | ||||||
16 | proceeding to consider whether or not to approve an alternative | ||||||
17 | retail electric supplier's application to offer a savings | ||||||
18 | guarantee plan. At a minimum, the savings guarantee plan shall | ||||||
19 | charge customers for electric supply an amount that is less | ||||||
20 | than the amount the public utility charges for electric supply. | ||||||
21 | The Commission shall adopt rules to implement this subsection. | ||||||
22 | (c) An agreement entered into between an alternative retail | ||||||
23 | electric supplier and a customer in violation of this Section | ||||||
24 | is void and unenforceable. If an alternative retail electric | ||||||
25 | supplier attempts to enroll a customer in violation of this | ||||||
26 | Section, the electric utility shall deny the supplier switch |
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1 | and inform the alternative retail electric supplier of the | ||||||
2 | reason.
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3 | (220 ILCS 5/16-118)
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4 | Sec. 16-118. Services provided by electric utilities to
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5 | alternative retail electric suppliers.
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6 | (a) It is in the best interest of Illinois energy
consumers | ||||||
7 | to promote fair and open competition in the
provision of | ||||||
8 | electric power and energy and to prevent
anticompetitive | ||||||
9 | practices in the provision of electric power
and energy.
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10 | Therefore, to the extent an electric utility provides electric | ||||||
11 | power and energy
or delivery services to alternative retail | ||||||
12 | electric suppliers and such services
are not subject to the | ||||||
13 | jurisdiction of the Federal Energy
Regulatory Commission, and | ||||||
14 | are not competitive services, they
shall be provided through | ||||||
15 | tariffs that are filed with the
Commission, pursuant to Article | ||||||
16 | IX of this Act.
Each electric utility shall permit alternative
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17 | retail electric suppliers to interconnect facilities to those
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18 | owned by the utility provided they meet established standards
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19 | for such interconnection, and may provide standby or other
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20 | services to alternative retail electric suppliers. The
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21 | alternative retail electric supplier shall sign a contract
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22 | setting forth the prices, terms and conditions for
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23 | interconnection with the electric utility and the prices,
terms | ||||||
24 | and conditions for services provided by the electric
utility to | ||||||
25 | the alternative retail electric supplier in
connection with the |
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1 | delivery by the electric utility of
electric power and energy | ||||||
2 | supplied by the alternative retail
electric supplier.
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3 | (b) An electric utility shall file a tariff pursuant to | ||||||
4 | Article IX of the
Act that would allow alternative retail | ||||||
5 | electric suppliers or electric
utilities other than the | ||||||
6 | electric utility in whose service area retail
customers are
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7 | located to issue single bills to the retail customers for both | ||||||
8 | the services
provided by such alternative retail electric | ||||||
9 | supplier or other electric utility
and the delivery services | ||||||
10 | provided by the electric utility to such customers.
The tariff | ||||||
11 | filed pursuant to this subsection shall (i) require partial | ||||||
12 | payments
made by retail customers to be credited first to the | ||||||
13 | electric utility's
tariffed services, (ii) impose commercially | ||||||
14 | reasonable terms with respect to
credit and collection, | ||||||
15 | including requests for deposits, (iii) retain the
electric | ||||||
16 | utility's right to disconnect the retail customers, if it does | ||||||
17 | not
receive payment for its tariffed services, in the same | ||||||
18 | manner that it would be
permitted to if it had billed for the | ||||||
19 | services itself, and (iv) require the
alternative retail | ||||||
20 | electric supplier or other electric utility that elects the
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21 | billing option provided by this tariff to include on each bill | ||||||
22 | to retail
customers an identification of the electric utility | ||||||
23 | providing the delivery
services and a listing of the charges | ||||||
24 | applicable to such services. The tariff
filed pursuant to this | ||||||
25 | subsection may also include other just and reasonable
terms and | ||||||
26 | conditions. In addition,
an electric utility, an alternative |
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1 | retail electric
supplier or electric utility other than the | ||||||
2 | electric utility
in whose service area the customer is located, | ||||||
3 | and a customer
served by such alternative retail electric | ||||||
4 | supplier or other
electric utility, may enter into an agreement | ||||||
5 | pursuant to
which the alternative retail electric supplier or | ||||||
6 | other
electric utility pays the charges specified in Section | ||||||
7 | 16-108,
or other customer-related charges, including taxes and | ||||||
8 | fees,
in lieu of such charges being recovered by the electric
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9 | utility directly from the customer. | ||||||
10 | (c) An electric utility with more than 100,000 customers | ||||||
11 | shall file a tariff pursuant to Article IX of this Act that | ||||||
12 | provides alternative retail electric suppliers, and electric | ||||||
13 | utilities other than the electric utility in whose service area | ||||||
14 | the retail customers are located, with the option to have the | ||||||
15 | electric utility purchase their receivables for power and | ||||||
16 | energy service provided to residential retail customers and | ||||||
17 | non-residential retail customers with a non-coincident peak | ||||||
18 | demand of less than 400 kilowatts. Receivables for power and | ||||||
19 | energy service of alternative retail electric suppliers or | ||||||
20 | electric utilities other than the electric utility in whose | ||||||
21 | service area the retail customers are located shall be | ||||||
22 | purchased by the electric utility at a just and reasonable | ||||||
23 | discount rate to be reviewed and approved by the Commission | ||||||
24 | after notice and hearing. The discount rate shall be based on | ||||||
25 | the electric utility's historical bad debt and any reasonable | ||||||
26 | start-up costs and administrative costs associated with the |
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1 | electric utility's purchase of receivables. The discounted | ||||||
2 | rate for purchase of receivables shall be included in the | ||||||
3 | tariff filed pursuant to this subsection (c). The discount rate | ||||||
4 | filed pursuant to this subsection (c) shall be subject to | ||||||
5 | periodic Commission review. The electric utility retains the | ||||||
6 | right to impose the same terms on retail customers with respect | ||||||
7 | to credit and collection, including requests for deposits, and | ||||||
8 | retain the electric utility's right to disconnect the retail | ||||||
9 | customers, if it does not receive payment for its tariffed | ||||||
10 | services or purchased receivables, in the same manner that it | ||||||
11 | would be permitted to if the retail customers purchased power | ||||||
12 | and energy from the electric utility. The tariff filed pursuant | ||||||
13 | to this subsection (c) shall permit the electric utility to | ||||||
14 | recover from retail customers any uncollected receivables that | ||||||
15 | may arise as a result of the purchase of receivables under this | ||||||
16 | subsection (c), may also include other just and reasonable | ||||||
17 | terms and conditions, and shall provide for the prudently | ||||||
18 | incurred costs associated with the provision of this service | ||||||
19 | pursuant to this subsection (c). Nothing in this subsection (c) | ||||||
20 | permits the double recovery of bad debt expenses from | ||||||
21 | customers. | ||||||
22 | (d) An electric utility with more than 100,000 customers | ||||||
23 | shall file a tariff pursuant to Article IX of this Act that | ||||||
24 | would provide alternative retail electric suppliers or | ||||||
25 | electric utilities other than the electric utility in whose | ||||||
26 | service area retail customers are located with the option to |
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1 | have the electric utility produce and provide single bills to | ||||||
2 | the retail customers for both the electric power and energy | ||||||
3 | service provided by the alternative retail electric supplier or | ||||||
4 | other electric utility and the delivery services provided by | ||||||
5 | the electric utility to the customers. The tariffs filed | ||||||
6 | pursuant to this subsection shall require the electric utility | ||||||
7 | to collect and remit customer payments for electric power and | ||||||
8 | energy service provided by alternative retail electric | ||||||
9 | suppliers or electric utilities other than the electric utility | ||||||
10 | in whose service area retail customers are located. The tariff | ||||||
11 | filed pursuant to this subsection shall require the electric | ||||||
12 | utility to include on each bill to retail customers an | ||||||
13 | identification of the alternative retail electric supplier or | ||||||
14 | other electric utility that elects the billing option. The | ||||||
15 | tariff filed pursuant to this subsection (d) may also include | ||||||
16 | other just and reasonable terms and conditions and shall | ||||||
17 | provide for the recovery of prudently incurred costs associated | ||||||
18 | with the provision of service pursuant to this subsection (d). | ||||||
19 | The costs associated with the provision of service pursuant to | ||||||
20 | this Section shall be subject to periodic Commission review.
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21 | (e) An electric utility with more than 100,000 customers in | ||||||
22 | this State shall file a tariff pursuant to Article IX of this | ||||||
23 | Act that provides alternative retail electric suppliers, and | ||||||
24 | electric utilities other than the electric utility in whose | ||||||
25 | service area the retail customers are located, with the option | ||||||
26 | to have the electric utility purchase 2 billing cycles worth of |
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1 | uncollectible receivables for power and energy service | ||||||
2 | provided to residential retail customers and to | ||||||
3 | non-residential retail customers with a non-coincident peak | ||||||
4 | demand of less than 400 kilowatts upon returning that customer | ||||||
5 | to that electric utility for delivery and energy service after | ||||||
6 | that alternative retail electric supplier, or an electric | ||||||
7 | utility other than the electric utility in whose service area | ||||||
8 | the retail customer is located, has made reasonable collection | ||||||
9 | efforts on that account. Uncollectible receivables for power | ||||||
10 | and energy service of alternative retail electric suppliers, or | ||||||
11 | electric utilities other than the electric utility in whose | ||||||
12 | service area the retail customers are located, shall be | ||||||
13 | purchased by the electric utility at a just and reasonable | ||||||
14 | discount rate to be reviewed and approved by the Commission, | ||||||
15 | after notice and hearing. The discount rate shall be based on | ||||||
16 | the electric utility's historical bad debt for receivables that | ||||||
17 | are outstanding for a similar length of time and any reasonable | ||||||
18 | start-up costs and administrative costs associated with the | ||||||
19 | electric utility's purchase of receivables. The discounted | ||||||
20 | rate for purchase of uncollectible receivables shall be | ||||||
21 | included in the tariff filed pursuant to this subsection (e). | ||||||
22 | The electric utility retains the right to impose the same terms | ||||||
23 | on these retail customers with respect to credit and | ||||||
24 | collection, including requests for deposits, and retains the | ||||||
25 | right to disconnect these retail customers, if it does not | ||||||
26 | receive payment for its tariffed services or purchased |
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1 | receivables, in the same manner that it would be permitted to | ||||||
2 | if the retail customers had purchased power and energy from the | ||||||
3 | electric utility. The tariff filed pursuant to this subsection | ||||||
4 | (e) shall permit the electric utility to recover from retail | ||||||
5 | customers any uncollectable receivables that may arise as a | ||||||
6 | result of the purchase of uncollectible receivables under this | ||||||
7 | subsection (e), may also include other just and reasonable | ||||||
8 | terms and conditions, and shall provide for the prudently | ||||||
9 | incurred costs associated with the provision of this service | ||||||
10 | pursuant to this subsection (e). Nothing in this subsection (e) | ||||||
11 | permits the double recovery of utility bad debt expenses from | ||||||
12 | customers. The electric utility may file a joint tariff for | ||||||
13 | this subsection (e) and subsection (c) of this Section.
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14 | (f) Every electric utility that provides delivery-only and | ||||||
15 | supply service to consumers shall include on each bill to | ||||||
16 | residential retail customers the electric utility's total | ||||||
17 | supply charge that would apply to the customer for the billing | ||||||
18 | period if the customer obtained supply from the utility. This | ||||||
19 | disclosure shall be made on the bill of each residential retail | ||||||
20 | customer who purchases supply services from an alternative | ||||||
21 | retail electric supplier and on the bill of each residential | ||||||
22 | retail customer who purchases electric supply from the utility. | ||||||
23 | (Source: P.A. 95-700, eff. 11-9-07.)
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24 | (220 ILCS 5/19-115)
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25 | Sec. 19-115. Obligations of alternative gas suppliers.
|
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1 | (a) The provisions of this Section shall apply only to | ||||||
2 | alternative gas
suppliers
serving or seeking to serve | ||||||
3 | residential or small commercial customers and
only to the | ||||||
4 | extent such
alternative gas suppliers provide services to | ||||||
5 | residential or small
commercial customers.
| ||||||
6 | (b) An alternative gas supplier shall :
| ||||||
7 | (1) shall comply with the requirements imposed on | ||||||
8 | public utilities by Sections
8-201 through 8-207, 8-301, | ||||||
9 | 8-505 and 8-507 of this Act, to the
extent that these | ||||||
10 | Sections have application to the services being
offered by | ||||||
11 | the alternative gas supplier;
| ||||||
12 | (2) shall continue to comply with the requirements for | ||||||
13 | certification stated
in
Section 19-110;
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14 | (3) shall comply with complaint procedures established | ||||||
15 | by the Commission; | ||||||
16 | (4) except as provided in subsection (h) of this | ||||||
17 | Section, shall file with the Chief Clerk of the Commission, | ||||||
18 | within 20 business days after the effective date of this | ||||||
19 | amendatory Act of the 95th General Assembly, a copy of bill | ||||||
20 | formats, standard customer contract and customer complaint | ||||||
21 | and resolution procedures, and the name and telephone | ||||||
22 | number of the company representative whom Commission | ||||||
23 | employees may contact to resolve customer complaints and | ||||||
24 | other matters. In the case of a gas supplier that engages | ||||||
25 | in door-to-door solicitation, the company shall file with | ||||||
26 | the Commission the consumer information disclosure |
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| |||||||
1 | required by item (3) of subsection (c) of Section 2DDD of | ||||||
2 | the Consumer Fraud and Deceptive Business Practices Act and | ||||||
3 | shall file updated information within 10 business days | ||||||
4 | after changes in any of the documents or information | ||||||
5 | required to be filed by this item (4); and | ||||||
6 | (5) shall maintain a customer call center where | ||||||
7 | customers can reach a representative and receive current | ||||||
8 | information. At least once every 6 months, each alternative | ||||||
9 | gas supplier shall provide written information to | ||||||
10 | customers explaining how to contact the call center. The | ||||||
11 | average answer time for calls placed to the call center | ||||||
12 | shall not exceed 60 seconds where a representative or | ||||||
13 | automated system is ready to render assistance and/or | ||||||
14 | accept information to process calls. The abandon rate for | ||||||
15 | calls placed to the call center shall not exceed 10%. Each | ||||||
16 | alternative gas supplier shall maintain records of the call | ||||||
17 | center's telephone answer time performance and abandon | ||||||
18 | call rate. These records shall be kept for a minimum of 2 | ||||||
19 | years and shall be made available to Commission personnel | ||||||
20 | upon request. In the event that answer times and/or abandon | ||||||
21 | rates exceed the limits established above, the reporting | ||||||
22 | alternative gas supplier may provide the Commission or its | ||||||
23 | personnel with explanatory details. At a minimum, these | ||||||
24 | records shall contain the following information in monthly | ||||||
25 | increments: | ||||||
26 | (A) total number of calls received; |
| |||||||
| |||||||
1 | (B) number of calls answered; | ||||||
2 | (C) average answer time; | ||||||
3 | (D) number of abandoned calls; and | ||||||
4 | (E) abandon call rate ; . | ||||||
5 | (6) on January 1, 2019, and every first day of each | ||||||
6 | quarter thereafter, shall submit to the Commission and the | ||||||
7 | Office of the Attorney General the rates the retail gas | ||||||
8 | supplier charged to residential customers in the prior | ||||||
9 | quarter, including each distinct rate charged and whether | ||||||
10 | the rate was a fixed or variable rate, the basis for the | ||||||
11 | variable rate, and any fees charged in addition to the | ||||||
12 | supply rate, including monthly fees, flat fees, or other | ||||||
13 | service charges; | ||||||
14 | (7) shall make publicly available on its website, | ||||||
15 | without the need for a customer login, rate information for | ||||||
16 | all of its variable, time-of-use, and fixed rate contracts | ||||||
17 | currently available to residential customers, including, | ||||||
18 | but not limited to, fixed monthly charges, early | ||||||
19 | termination charges, and per therm charges; | ||||||
20 | (8) no less than 30 days but no more than 60 days | ||||||
21 | before a residential customer's price per therm or other | ||||||
22 | charge changes, shall send a separate written notice by | ||||||
23 | United States Mail or electronic mail, as specified by the | ||||||
24 | residential customer, addressed to the residential | ||||||
25 | customer informing the residential customer of the | ||||||
26 | upcoming change in price or other charge; the changed price |
| |||||||
| |||||||
1 | per therm or other charge shall be included in the notice | ||||||
2 | and shall not require the residential customer to visit or | ||||||
3 | log on to a website to obtain the change in price or other | ||||||
4 | charge; the telephone number and email address to contact | ||||||
5 | the supplier shall be included in the notice; and | ||||||
6 | (9) shall not automatically renew a contract with a | ||||||
7 | residential customer at a rate higher than the initial term | ||||||
8 | of the contract or automatically change or renew a fixed | ||||||
9 | rate contract to a variable rate contract. A residential | ||||||
10 | customer may agree to a contract renewal at a rate higher | ||||||
11 | than the initial term of the contract if the notice | ||||||
12 | requirements in paragraph (8) have been met and the | ||||||
13 | residential customer expressly consents to the contract | ||||||
14 | renewal in writing or by an electronic signature. A | ||||||
15 | residential customer may void a variable rate contract | ||||||
16 | unless the residential customer received a disclosure | ||||||
17 | showing the prior 12 months of charges under the variable | ||||||
18 | rate contract and the disclosures required by paragraph (1) | ||||||
19 | of subsection (g) before expressly consenting to the | ||||||
20 | contract renewal. | ||||||
21 | Alternative gas suppliers that do not have electronic | ||||||
22 | answering capability that meets these requirements shall | ||||||
23 | notify the Manager of the Commission's Consumer Services | ||||||
24 | Division or its successor within 30 days following the | ||||||
25 | effective date of this amendatory Act of the 95th General | ||||||
26 | Assembly and work with Staff to develop individualized |
| |||||||
| |||||||
1 | reporting requirements as to the call volume and responsiveness | ||||||
2 | of the call center. | ||||||
3 | On or before March 1 of every year, each entity shall file | ||||||
4 | a report with the Chief Clerk of the Commission for the | ||||||
5 | preceding calendar year on its answer time and abandon call | ||||||
6 | rate for its call center. A copy of the report shall be sent to | ||||||
7 | the Manager of the Consumer Services Division or its successor. | ||||||
8 | (c) An alternative gas supplier shall not submit or execute | ||||||
9 | a change in a customer's selection of a natural gas provider | ||||||
10 | unless and until (i) the alternative gas supplier first | ||||||
11 | discloses all material terms and conditions of the offer , | ||||||
12 | including price, to the customer; (ii) the alternative gas | ||||||
13 | supplier has obtained the customer's express agreement to | ||||||
14 | accept the offer after the disclosure of all material terms and | ||||||
15 | conditions of the offer; and (iii) the alternative gas supplier | ||||||
16 | has confirmed the request for a change in accordance with one | ||||||
17 | of the following procedures: | ||||||
18 | (1) The alternative gas supplier has obtained the | ||||||
19 | customer's written or electronically signed authorization | ||||||
20 | in a form that meets the following requirements: | ||||||
21 | (A) An alternative gas supplier shall obtain any | ||||||
22 | necessary written or electronically signed | ||||||
23 | authorization from a customer for a change in natural | ||||||
24 | gas service by using a letter of agency as specified in | ||||||
25 | this Section. Any letter of agency that does not | ||||||
26 | conform with this Section is invalid. |
| |||||||
| |||||||
1 | (B) The letter of agency shall be a separate | ||||||
2 | document (or an easily separable document containing | ||||||
3 | only the authorization language described in item (E) | ||||||
4 | of this paragraph (1)) whose sole purpose is to | ||||||
5 | authorize a natural gas provider change. The letter of | ||||||
6 | agency must be signed and dated by the customer | ||||||
7 | requesting the natural gas provider change. | ||||||
8 | (C) The letter of agency shall not be combined with | ||||||
9 | inducements of any kind on the same document. | ||||||
10 | (D) Notwithstanding items (A) and (B) of this | ||||||
11 | paragraph (1), the letter of agency may be combined | ||||||
12 | with checks that contain only the required letter of | ||||||
13 | agency language prescribed in item (E) of this | ||||||
14 | paragraph (1) and the necessary information to make the | ||||||
15 | check a negotiable instrument. The letter of agency | ||||||
16 | check shall not contain any promotional language or | ||||||
17 | material. The letter of agency check shall contain in | ||||||
18 | easily readable, bold face type on the face of the | ||||||
19 | check a notice that the consumer is authorizing a | ||||||
20 | natural gas provider change by signing the check. The | ||||||
21 | letter of agency language also shall be placed near the | ||||||
22 | signature line on the back of the check. | ||||||
23 | (E) At a minimum, the letter of agency must be | ||||||
24 | printed with a print of sufficient size to be clearly | ||||||
25 | legible and must contain clear and unambiguous | ||||||
26 | language that confirms: |
| |||||||
| |||||||
1 | (i) the customer's billing name and address; | ||||||
2 | (ii) the decision to change the natural gas | ||||||
3 | provider from the current provider to the | ||||||
4 | prospective alternative gas supplier; | ||||||
5 | (iii) the terms, conditions, and nature of the | ||||||
6 | service to be provided to the customer, including, | ||||||
7 | but not limited to, the rates for the service | ||||||
8 | contracted for by the customer; and | ||||||
9 | (iv) that the customer understands that any | ||||||
10 | natural gas provider selection the customer | ||||||
11 | chooses may involve a charge to the customer for | ||||||
12 | changing the customer's natural gas provider. | ||||||
13 | (F) Letters of agency shall not suggest or require | ||||||
14 | that a customer take some action in order to retain the | ||||||
15 | customer's current natural gas provider. | ||||||
16 | (G) If any portion of a letter of agency is | ||||||
17 | translated into another language, then all portions of | ||||||
18 | the letter of agency must be translated into that | ||||||
19 | language. | ||||||
20 | (2) An appropriately qualified independent third party | ||||||
21 | has obtained, in accordance with the procedures set forth | ||||||
22 | in this paragraph (2), the customer's oral authorization to | ||||||
23 | change natural gas providers that confirms and includes | ||||||
24 | appropriate verification data. The independent third party | ||||||
25 | must (i) not be owned, managed, controlled, or directed by | ||||||
26 | the alternative gas supplier or the alternative gas |
| |||||||
| |||||||
1 | supplier's marketing agent; (ii) not have any financial | ||||||
2 | incentive to confirm provider change requests for the | ||||||
3 | alternative gas supplier or the alternative gas supplier's | ||||||
4 | marketing agent; and (iii) operate in a location physically | ||||||
5 | separate from the alternative gas supplier or the | ||||||
6 | alternative gas supplier's marketing agent. Automated | ||||||
7 | third-party verification systems and 3-way conference | ||||||
8 | calls may be used for verification purposes so long as the | ||||||
9 | other requirements of this paragraph (2) are satisfied. An | ||||||
10 | alternative gas supplier or alternative gas supplier's | ||||||
11 | sales representative initiating a 3-way conference call or | ||||||
12 | a call through an automated verification system must drop | ||||||
13 | off the call once the 3-way connection has been | ||||||
14 | established. All third-party verification methods shall | ||||||
15 | elicit, at a minimum, the following information: | ||||||
16 | (A) the identity of the customer; | ||||||
17 | (B) confirmation that the person on the call is | ||||||
18 | authorized to make the provider change; | ||||||
19 | (C) confirmation that the person on the call wants | ||||||
20 | to make the provider change; | ||||||
21 | (D) the names of the providers affected by the | ||||||
22 | change; | ||||||
23 | (E) the service address of the service to be | ||||||
24 | switched; and | ||||||
25 | (F) the price of the service to be provided and the | ||||||
26 | material terms and conditions of the service being |
| |||||||
| |||||||
1 | offered, including whether any early termination fees | ||||||
2 | apply. | ||||||
3 | Third-party verifiers may not market the alternative | ||||||
4 | gas supplier's services by providing additional | ||||||
5 | information. All third-party verifications shall be | ||||||
6 | conducted in the same language that was used in the | ||||||
7 | underlying sales transaction and shall be recorded in their | ||||||
8 | entirety. Submitting alternative gas suppliers shall | ||||||
9 | maintain and preserve audio records of verification of | ||||||
10 | customer authorization for a minimum period of 2 years | ||||||
11 | after obtaining the verification. Automated systems must | ||||||
12 | provide customers with an option to speak with a live | ||||||
13 | person at any time during the call. | ||||||
14 | (3) The alternative gas supplier has obtained the | ||||||
15 | customer's authorization via an automated verification | ||||||
16 | system to change natural gas service via telephone. An | ||||||
17 | automated verification system is an electronic system | ||||||
18 | that, through pre-recorded prompts, elicits voice | ||||||
19 | responses, touchtone responses, or both, from the customer | ||||||
20 | and records both the prompts and the customer's responses. | ||||||
21 | Such authorization must elicit the information in | ||||||
22 | paragraph (2)(A) through (F) of this subsection (c). | ||||||
23 | Alternative gas suppliers electing to confirm sales | ||||||
24 | electronically through an automated verification system | ||||||
25 | shall establish one or more toll-free telephone numbers | ||||||
26 | exclusively for that purpose. Calls to the number or |
| |||||||
| |||||||
1 | numbers shall connect a customer to a voice response unit, | ||||||
2 | or similar mechanism, that makes a date-stamped, | ||||||
3 | time-stamped recording of the required information | ||||||
4 | regarding the alternative gas supplier change. | ||||||
5 | The alternative gas supplier shall not use such | ||||||
6 | electronic authorization systems to market its services. | ||||||
7 | (4) When a consumer initiates the call to the | ||||||
8 | prospective alternative gas supplier, in order to enroll | ||||||
9 | the consumer as a customer, the prospective alternative gas | ||||||
10 | supplier must, with the consent of the customer, make a | ||||||
11 | date-stamped, time-stamped audio recording that elicits, | ||||||
12 | at a minimum, the following information: | ||||||
13 | (A) the identity of the customer; | ||||||
14 | (B) confirmation that the person on the call is | ||||||
15 | authorized to make the provider change; | ||||||
16 | (C) confirmation that the person on the call wants | ||||||
17 | to make the provider change; | ||||||
18 | (D) the names of the providers affected by the | ||||||
19 | change; | ||||||
20 | (E) the service address of the service to be | ||||||
21 | switched; and | ||||||
22 | (F) the price of the service to be supplied and the | ||||||
23 | material terms and conditions of the service being | ||||||
24 | offered, including whether any early termination fees | ||||||
25 | apply. | ||||||
26 | Submitting alternative gas suppliers shall maintain |
| |||||||
| |||||||
1 | and preserve the audio records containing the information | ||||||
2 | set forth above for a minimum period of 2 years. | ||||||
3 | (5) In the event that a customer enrolls for service | ||||||
4 | from an alternative gas supplier via an Internet website, | ||||||
5 | the alternative gas supplier shall obtain an | ||||||
6 | electronically signed letter of agency in accordance with | ||||||
7 | paragraph (1) of this subsection (c) and any customer | ||||||
8 | information shall be protected in accordance with all | ||||||
9 | applicable statutes and regulations. In addition, an | ||||||
10 | alternative gas supplier shall provide the following when | ||||||
11 | marketing via an Internet website: | ||||||
12 | (A) The Internet enrollment website shall, at a | ||||||
13 | minimum, include: | ||||||
14 | (i) a copy of the alternative gas supplier's | ||||||
15 | customer contract that clearly and conspicuously | ||||||
16 | discloses all terms and conditions; and | ||||||
17 | (ii) a conspicuous prompt for the customer to | ||||||
18 | print or save a copy of the contract. | ||||||
19 | (B) Any electronic version of the contract shall be | ||||||
20 | identified by version number, in order to ensure the | ||||||
21 | ability to verify the particular contract to which the | ||||||
22 | customer assents. | ||||||
23 | (C) Throughout the duration of the alternative gas | ||||||
24 | supplier's contract with a customer, the alternative | ||||||
25 | gas supplier shall retain and, within 3 business days | ||||||
26 | of the customer's request, provide to the customer an |
| |||||||
| |||||||
1 | e-mail, paper, or facsimile of the terms and conditions | ||||||
2 | of the numbered contract version to which the customer | ||||||
3 | assents. | ||||||
4 | (D) The alternative gas supplier shall provide a | ||||||
5 | mechanism by which both the submission and receipt of | ||||||
6 | the electronic letter of agency are recorded by time | ||||||
7 | and date. | ||||||
8 | (E) After the customer completes the electronic | ||||||
9 | letter of agency, the alternative gas supplier shall | ||||||
10 | disclose conspicuously through its website that the | ||||||
11 | customer has been enrolled, and the alternative gas | ||||||
12 | supplier shall provide the customer an enrollment | ||||||
13 | confirmation number. | ||||||
14 | (6) When a customer is solicited in person by the | ||||||
15 | alternative gas supplier's sales agent, the alternative | ||||||
16 | gas supplier may only obtain the customer's authorization | ||||||
17 | to change natural gas service through the method provided | ||||||
18 | for in paragraph (2) of this subsection (c). | ||||||
19 | Alternative gas suppliers must be in compliance with this | ||||||
20 | subsection (c) within 90 days after the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly. | ||||||
22 | (d) Complaints may be filed with the Commission under this | ||||||
23 | Section by a customer whose natural gas service has been | ||||||
24 | provided by an alternative gas supplier in a manner not in | ||||||
25 | compliance with subsection (c) of this Section. If, after | ||||||
26 | notice and hearing, the Commission finds that an alternative |
| |||||||
| |||||||
1 | gas supplier has violated subsection (c), then the Commission | ||||||
2 | may in its discretion do any one or more of the following: | ||||||
3 | (1) Require the violating alternative gas supplier to | ||||||
4 | refund the customer charges collected in excess of those | ||||||
5 | that would have been charged by the customer's authorized | ||||||
6 | natural gas provider. | ||||||
7 | (2) Require the violating alternative gas supplier to | ||||||
8 | pay to the customer's authorized natural gas provider the | ||||||
9 | amount the authorized natural gas provider would have | ||||||
10 | collected for natural gas service. The Commission is | ||||||
11 | authorized to reduce this payment by any amount already | ||||||
12 | paid by the violating alternative gas supplier to the | ||||||
13 | customer's authorized natural gas provider. | ||||||
14 | (3) Require the violating alternative gas supplier to | ||||||
15 | pay a fine of up to $1,000 into the Public Utility Fund for | ||||||
16 | each repeated and intentional violation of this Section. | ||||||
17 | (4) Issue a cease and desist order. | ||||||
18 | (5) For a pattern of violation of this Section or for | ||||||
19 | intentionally violating a cease and desist order, revoke | ||||||
20 | the violating alternative gas supplier's certificate of | ||||||
21 | service authority.
| ||||||
22 | (e) No alternative gas supplier shall:
| ||||||
23 | (1) enter into or employ any
arrangements which have | ||||||
24 | the effect of preventing any customer from having
access to
| ||||||
25 | the services of the gas utility in whose service area the | ||||||
26 | customer is located;
|
| |||||||
| |||||||
1 | (2) charge customers for such access;
| ||||||
2 | (3) bill for goods or services not authorized by the | ||||||
3 | customer; or | ||||||
4 | (4) bill for a disputed amount where the alternative | ||||||
5 | gas supplier has been provided notice of such dispute. The | ||||||
6 | supplier shall attempt to resolve a dispute with the | ||||||
7 | customer. When the dispute is not resolved to the | ||||||
8 | customer's satisfaction, the supplier shall inform the | ||||||
9 | customer of the right to file an informal complaint with | ||||||
10 | the Commission and provide contact information. While the | ||||||
11 | pending dispute is active at the Commission, an alternative | ||||||
12 | gas supplier may bill only for the undisputed amount until | ||||||
13 | the Commission has taken final action on the complaint. | ||||||
14 | (f) An alternative gas supplier that is certified to serve | ||||||
15 | residential
or small commercial customers shall not:
| ||||||
16 | (1) deny service to a customer or group of customers | ||||||
17 | nor
establish any differences as to prices, terms,
| ||||||
18 | conditions, services, products, facilities, or in any | ||||||
19 | other respect, whereby
such denial or differences are based | ||||||
20 | upon race, gender, or income , except as provided in Section | ||||||
21 | 19-116 ;
| ||||||
22 | (2) deny service based on locality, nor establish any | ||||||
23 | unreasonable
difference as to prices, terms, conditions, | ||||||
24 | services, products, or facilities
as
between localities;
| ||||||
25 | (3) include in any agreement a provision that obligates | ||||||
26 | a customer to the terms of the agreement if the customer |
| |||||||
| |||||||
1 | (i) moves outside the State of Illinois; (ii) moves to a | ||||||
2 | location without a transportation service program; or | ||||||
3 | (iii) moves to a location where the customer will not | ||||||
4 | require natural gas service, provided that nothing in this | ||||||
5 | subsection precludes an alternative gas supplier from | ||||||
6 | taking any action otherwise available to it to collect a | ||||||
7 | debt that arises out of service provided to the customer | ||||||
8 | before the customer moved; or | ||||||
9 | (4) assign the agreement to any alternative natural gas | ||||||
10 | supplier, unless: | ||||||
11 | (A) the supplier is an alternative gas supplier | ||||||
12 | certified by the Commission; | ||||||
13 | (B) the rates, terms, and conditions of the | ||||||
14 | agreement being assigned do not change during the | ||||||
15 | remainder of the time covered by the agreement; | ||||||
16 | (C) the customer is given no less than 30 days | ||||||
17 | prior written notice of the assignment and contact | ||||||
18 | information for the new supplier; and | ||||||
19 | (D) the supplier assigning the contract provides | ||||||
20 | contact information that a customer can use to resolve | ||||||
21 | a dispute. | ||||||
22 | (g) An alternative gas supplier shall comply with the | ||||||
23 | following requirements
with respect to the marketing, | ||||||
24 | offering, and provision of products or services:
| ||||||
25 | (1) All Any marketing materials , including electronic | ||||||
26 | marketing materials, in-person solicitations, and |
| |||||||
| |||||||
1 | telephone solicitations, which make statements concerning | ||||||
2 | prices,
terms, and conditions of service shall contain | ||||||
3 | information that
adequately discloses the prices, terms | ||||||
4 | and conditions of the products
or services and shall | ||||||
5 | contain the immediately preceding 12 months' current | ||||||
6 | utility gas supply charge as displayed on the Natural Gas | ||||||
7 | Choice website maintained by the Illinois Commerce | ||||||
8 | Commission and the suppliers' charges for the same 12-month | ||||||
9 | period for the contract rate offered to the customer . The | ||||||
10 | disclosure may group months during which the price to | ||||||
11 | compare was unchanged and may include more than 12 months | ||||||
12 | if the immediately preceding 12 months are included. All | ||||||
13 | marketing materials, including, but not limited to, | ||||||
14 | electronic marketing materials, in-person solicitations, | ||||||
15 | and telephone solicitations, that include a price per | ||||||
16 | kilowatt hour for competitive electricity service shall | ||||||
17 | include the following statement: "(Name of alternative gas | ||||||
18 | supplier) is not the same entity as your gas utility | ||||||
19 | delivery company. You are not required to enroll with (name | ||||||
20 | of alternative gas supplier). For information on | ||||||
21 | comparison rates for gas electric supply service and | ||||||
22 | understanding your gas supply choices, go to the Illinois | ||||||
23 | Commerce Commission's free website at | ||||||
24 | www.icc.illinois.gov/ags/consumereducation.aspx.". This | ||||||
25 | paragraph (1) does not apply to goodwill or institutional | ||||||
26 | marketing.
|
| |||||||
| |||||||
1 | (2) Before any customer is switched from another | ||||||
2 | supplier, the
alternative gas supplier shall give the | ||||||
3 | customer written information
that clearly and | ||||||
4 | conspicuously discloses, in plain language, the prices, | ||||||
5 | terms, and
conditions of the products and services being | ||||||
6 | offered and sold to the
customer. Nothing in this paragraph | ||||||
7 | (2) may be read to relieve an alternative gas supplier from | ||||||
8 | the duties imposed on it by item (3) of subsection (c) of | ||||||
9 | Section 2DDD of the Consumer Fraud and Deceptive Business | ||||||
10 | Practices Act.
| ||||||
11 | (3) The alternative gas supplier shall provide to the | ||||||
12 | customer:
| ||||||
13 | (A) accurate, timely, and itemized billing | ||||||
14 | statements that describe
the products and services
| ||||||
15 | provided to the customer and their prices
and that | ||||||
16 | specify the
gas consumption amount and any service
| ||||||
17 | charges and taxes; provided that this item (g)(3)(A) | ||||||
18 | does not apply to small
commercial customers;
| ||||||
19 | (B) billing statements that clearly and | ||||||
20 | conspicuously discloses the name and contact | ||||||
21 | information for the alternative gas supplier; | ||||||
22 | (C) an additional
statement, at least annually, | ||||||
23 | that adequately discloses the average
monthly prices, | ||||||
24 | and the terms and conditions, of the products and
| ||||||
25 | services sold to the customer; provided that this item | ||||||
26 | (g)(3)(C) does not
apply to small commercial |
| |||||||
| |||||||
1 | customers;
| ||||||
2 | (D) refunds of any deposits with interest within 30 | ||||||
3 | days after the
date
that the customer changes gas | ||||||
4 | suppliers or discontinues service if the customer
has | ||||||
5 | satisfied all of his or her outstanding financial | ||||||
6 | obligations to the
alternative gas supplier at an | ||||||
7 | interest rate set by the Commission which shall
be the | ||||||
8 | same as that required of gas utilities; and
| ||||||
9 | (E) refunds, in a timely fashion, of all undisputed | ||||||
10 | overpayments upon
the oral or written request of the | ||||||
11 | customer.
| ||||||
12 | (4) An alternative gas supplier and its sales agents | ||||||
13 | shall refrain from any direct marketing or soliciting to | ||||||
14 | consumers on the gas utility's "Do Not Contact List", which | ||||||
15 | the alternative gas supplier shall obtain on the 15th | ||||||
16 | calendar day of the month from the gas utility in whose | ||||||
17 | service area the consumer is provided with gas service. If | ||||||
18 | the 15th calendar day is a non-business day, then the | ||||||
19 | alternative gas supplier shall obtain the list on the next | ||||||
20 | business day following the 15th calendar day of that month. | ||||||
21 | (5) Early Termination. | ||||||
22 | (A) Any agreement that contains an early | ||||||
23 | termination clause shall disclose the amount of the | ||||||
24 | early termination fee, provided that any early | ||||||
25 | termination fee or penalty shall not exceed $50 total, | ||||||
26 | regardless of whether or not the agreement is a |
| |||||||
| |||||||
1 | multiyear agreement. | ||||||
2 | (B) In any agreement that contains an early | ||||||
3 | termination clause, an alternative gas supplier shall | ||||||
4 | provide the customer the opportunity to terminate the | ||||||
5 | agreement without any termination fee or penalty | ||||||
6 | within 10 business days after the date of the first | ||||||
7 | bill issued to the customer for products or services | ||||||
8 | provided by the alternative gas supplier. The | ||||||
9 | agreement shall disclose the opportunity and provide a | ||||||
10 | toll-free phone number that the customer may call in | ||||||
11 | order to terminate the agreement. | ||||||
12 | (6) Within 2 business days after electronic receipt of | ||||||
13 | a customer switch from the alternative gas supplier and | ||||||
14 | confirmation of eligibility, the gas utility shall provide | ||||||
15 | the customer written notice confirming the switch. The gas | ||||||
16 | utility shall not switch the service until 10 business days | ||||||
17 | after the date on the notice to the customer. | ||||||
18 | (7) The alternative gas supplier shall provide each | ||||||
19 | customer the opportunity to rescind its agreement without | ||||||
20 | penalty within 10 business days after the date on the gas | ||||||
21 | utility notice to the customer. The alternative gas | ||||||
22 | supplier shall disclose all of the following: | ||||||
23 | (A) that the gas utility shall send a notice | ||||||
24 | confirming the switch; | ||||||
25 | (B) that from the date the utility issues the | ||||||
26 | notice confirming the switch, the customer shall have |
| |||||||
| |||||||
1 | 10 business days to rescind the switch without penalty; | ||||||
2 | (C) that the customer shall contact the gas utility | ||||||
3 | or the alternative gas supplier to rescind the switch; | ||||||
4 | and | ||||||
5 | (D) the contact information for the gas utility. | ||||||
6 | The alternative gas supplier disclosure shall be | ||||||
7 | included in its sales solicitations, contracts, and all | ||||||
8 | applicable sales verification scripts. | ||||||
9 | (h) An alternative gas supplier may limit the overall size | ||||||
10 | or availability
of
a
service offering by specifying one or more | ||||||
11 | of the following:
| ||||||
12 | (1) a maximum number
of
customers and maximum amount of | ||||||
13 | gas load to be served;
| ||||||
14 | (2) time period during which
the
offering will be | ||||||
15 | available; or
| ||||||
16 | (3) other comparable limitation, but not including
the
| ||||||
17 | geographic locations of customers within the area which the | ||||||
18 | alternative gas
supplier is
certificated to serve.
| ||||||
19 | The alternative gas supplier shall file the terms and
| ||||||
20 | conditions of
such service offering including the applicable | ||||||
21 | limitations with the Commission
prior to
making the service | ||||||
22 | offering available to customers.
| ||||||
23 | (i) Nothing in this Section shall be construed as | ||||||
24 | preventing an alternative
gas
supplier that is an affiliate of, | ||||||
25 | or which contracts with,
(i) an industry or
trade
organization | ||||||
26 | or association,
(ii) a membership organization or association |
| |||||||
| |||||||
1 | that
exists for
a purpose other than the purchase of gas, or
| ||||||
2 | (iii) another organization that
meets criteria
established in a | ||||||
3 | rule adopted by the Commission from offering through the
| ||||||
4 | organization
or association services at prices, terms and | ||||||
5 | conditions that are available
solely to the
members of the | ||||||
6 | organization or association.
| ||||||
7 | (Source: P.A. 95-1051, eff. 4-10-09.)
| ||||||
8 | (220 ILCS 5/19-116 new) | ||||||
9 | Sec. 19-116. Alternative gas supplier; utility assistance | ||||||
10 | recipient. | ||||||
11 | (a) Beginning 90 days after the effective date of this | ||||||
12 | amendatory Act of the 100th General Assembly, no customer who | ||||||
13 | has received financial assistance within the preceding 12 | ||||||
14 | months from the Low Income Home Energy Assistance Program or | ||||||
15 | the Percentage of Income Payment Plan shall be switched to an | ||||||
16 | alternative gas supplier unless the customer is switched to a | ||||||
17 | Commission-approved savings guarantee plan as described in | ||||||
18 | subsection (b). | ||||||
19 | (b) Beginning January 1, 2020, an alternative gas supplier | ||||||
20 | may apply to the Commission to offer a savings guarantee plan | ||||||
21 | to recipients of Low Income Home Energy Assistance Program | ||||||
22 | funding or Percentage of Income Payment Plan funding. The | ||||||
23 | Commission shall initiate a public, docketed proceeding to | ||||||
24 | consider whether or not to approve an alternative gas | ||||||
25 | supplier's application to offer a savings guarantee plan. At a |
| |||||||
| |||||||
1 | minimum, the savings guarantee plan shall charge customers for | ||||||
2 | gas supply an amount that is less than the amount the public | ||||||
3 | utility charges for gas supply. The Commission shall adopt | ||||||
4 | rules to implement this subsection. | ||||||
5 | (c) An agreement entered into between an alternative gas | ||||||
6 | supplier and a customer in violation of this Section is void | ||||||
7 | and unenforceable. If an alternative gas supplier attempts to | ||||||
8 | enroll a customer in violation of this Section, the gas utility | ||||||
9 | shall deny the supplier switch and inform the alternative gas | ||||||
10 | supplier of the reason.
| ||||||
11 | (220 ILCS 5/19-130)
| ||||||
12 | Sec. 19-130. Commission study and report. The Commission's | ||||||
13 | Office of Retail Market Development shall prepare an annual
| ||||||
14 | report regarding the
development of competitive retail natural | ||||||
15 | gas markets in Illinois. The Office shall monitor existing | ||||||
16 | competitive conditions in Illinois, identify barriers to | ||||||
17 | retail competition for all customer classes, and actively | ||||||
18 | explore and propose to the Commission and to the General | ||||||
19 | Assembly solutions to overcome identified barriers. Solutions | ||||||
20 | proposed by the Office to promote retail competition must also | ||||||
21 | promote safe, reliable, and affordable natural gas service. | ||||||
22 | On or before October 1 of each year, beginning in 2015, the | ||||||
23 | Director shall submit a report to the Commission, the General | ||||||
24 | Assembly, and the Governor, that includes, at a minimum, the | ||||||
25 | following
information:
|
| |||||||
| |||||||
1 | (1) an analysis of the status and development of the | ||||||
2 | retail natural gas
market in the State of Illinois; and | ||||||
3 | (2) a discussion of any identified barriers to the | ||||||
4 | development of competitive retail natural gas markets in | ||||||
5 | Illinois and proposed solutions to overcome identified | ||||||
6 | barriers; and
| ||||||
7 | (3) any other information the Office considers | ||||||
8 | significant in
assessing
the development of natural gas
| ||||||
9 | markets in the State of Illinois.
| ||||||
10 | Beginning in 2020, the report shall include the information | ||||||
11 | submitted to the Commission pursuant to paragraph (6) of | ||||||
12 | subsection (b) of Section 19-115. | ||||||
13 | (Source: P.A. 97-223, eff. 1-1-12; 98-1121, eff. 8-26-14.)
| ||||||
14 | (220 ILCS 5/19-135)
| ||||||
15 | Sec. 19-135. Single billing. | ||||||
16 | (a) It is the intent of the General Assembly
that in any | ||||||
17 | service
area where customers are able to choose their natural | ||||||
18 | gas supplier, a single
billing option shall be offered to | ||||||
19 | customers for both the services provided by
the alternative gas | ||||||
20 | supplier and the delivery services provided by the gas
utility. | ||||||
21 | A gas utility shall file a tariff pursuant to Article IX of | ||||||
22 | this Act
that allows alternative gas suppliers to issue single | ||||||
23 | bills to residential and
small commercial customers for both | ||||||
24 | the services provided by the alternative
gas supplier and the | ||||||
25 | delivery services provided by the gas utility to
customers; |
| |||||||
| |||||||
1 | provided that if a form of single billing is being offered in a | ||||||
2 | gas
utility's service area on the effective date of this | ||||||
3 | amendatory Act of the
92nd General Assembly, that form of | ||||||
4 | single billing shall remain in effect
unless and until | ||||||
5 | otherwise ordered by the Commission. The gas utility shall | ||||||
6 | include its current supply rate on the single bills issued to | ||||||
7 | residential customers.
| ||||||
8 | (b) Every gas utility that provides delivery-only and | ||||||
9 | supply service to consumers shall include on each bill to each | ||||||
10 | residential retail customer the gas utility's total supply | ||||||
11 | charge for the billing period, including all fixed or monthly | ||||||
12 | supply charges and other charges, credits, or rates that are | ||||||
13 | part of the gas supply price. This disclosure shall be made on | ||||||
14 | the bill of each residential retail customer who purchases | ||||||
15 | supply services from an alternative gas supplier and on the | ||||||
16 | bill of each residential retail customer who purchases gas | ||||||
17 | supply from the utility. | ||||||
18 | (Source: P.A. 92-852, eff. 8-26-02.)
| ||||||
19 | (220 ILCS 5/20-110) | ||||||
20 | Sec. 20-110. Office of Retail Market Development. Within 90 | ||||||
21 | days after the effective date of this amendatory Act of the | ||||||
22 | 94th General Assembly, subject to appropriation, the | ||||||
23 | Commission shall establish an Office of Retail Market | ||||||
24 | Development and employ on its staff a Director of Retail Market | ||||||
25 | Development to oversee the Office. The Director shall have |
| |||||||
| |||||||
1 | authority to employ or otherwise retain at least 2 | ||||||
2 | professionals dedicated to the task of actively seeking out | ||||||
3 | ways to promote retail competition in Illinois to benefit all | ||||||
4 | Illinois consumers. | ||||||
5 | The Office shall actively seek input from all interested | ||||||
6 | parties and shall develop a thorough understanding and critical | ||||||
7 | analyses of the tools and techniques used to promote retail | ||||||
8 | competition in other states. | ||||||
9 | The Office shall monitor existing competitive conditions | ||||||
10 | in Illinois, identify barriers to retail competition for all | ||||||
11 | customer classes, and actively explore and propose to the | ||||||
12 | Commission and to the General Assembly solutions to overcome | ||||||
13 | identified barriers. The Director may include municipal | ||||||
14 | aggregation of customers and creating and designing customer | ||||||
15 | choice programs as tools for retail market development. | ||||||
16 | Solutions proposed by the Office to promote retail competition | ||||||
17 | must also promote safe, reliable, and affordable electric | ||||||
18 | service. | ||||||
19 | On or before June 30 of each year, the Director shall | ||||||
20 | submit a report to the Commission, the General Assembly, and | ||||||
21 | the Governor, that details specific accomplishments achieved | ||||||
22 | by the Office in the prior 12 months in promoting retail | ||||||
23 | electric competition and that suggests administrative and | ||||||
24 | legislative action necessary to promote further improvements | ||||||
25 | in retail electric competition. On or before June 30, 2020, and | ||||||
26 | every year thereafter, the report shall include the information |
| |||||||
| |||||||
1 | submitted to the Commission pursuant to paragraph (iii) of | ||||||
2 | subsection (a) of Section 16-115A.
| ||||||
3 | (Source: P.A. 94-1095, eff. 2-2-07.)
| ||||||
4 | Section 10. The Consumer Fraud and Deceptive Business | ||||||
5 | Practices Act is amended by changing Sections 2EE and 2DDD as | ||||||
6 | follows:
| ||||||
7 | (815 ILCS 505/2EE)
| ||||||
8 | Sec. 2EE. Electric service provider selection. An electric | ||||||
9 | service provider shall not submit or execute
a change in a | ||||||
10 | subscriber's selection of a provider of electric
service unless | ||||||
11 | and until (i) the provider first discloses all material terms | ||||||
12 | and conditions of the offer to the subscriber , including | ||||||
13 | information that adequately discloses the prices, terms, and | ||||||
14 | conditions of the products or services that the alternative | ||||||
15 | retail electric supplier is offering or selling to the customer | ||||||
16 | and the Historical Prices to Compare from the preceding 12 | ||||||
17 | months as displayed on the Plug-In Illinois website maintained | ||||||
18 | by the Illinois Commerce Commission for the distribution | ||||||
19 | utility serving the customer; (ii) the provider meets the | ||||||
20 | requirements of Sections 16-115A and 16-115E of the Public | ||||||
21 | Utilities Act ; (iii) (ii) the provider has obtained the | ||||||
22 | subscriber's express agreement to accept the offer after the | ||||||
23 | disclosure of all material terms and conditions of the offer; | ||||||
24 | and (iv) (iii) the provider has confirmed the request for a |
| |||||||
| |||||||
1 | change in accordance with one of the following procedures:
| ||||||
2 | (a) The new electric service provider has obtained the
| ||||||
3 | subscriber's
written or electronically signed
authorization in | ||||||
4 | a form that meets the
following requirements:
| ||||||
5 | (1) An electric service provider shall obtain any
| ||||||
6 | necessary written or electronically signed authorization | ||||||
7 | from a subscriber for a
change in electric service by using | ||||||
8 | a letter of agency as
specified in this
Section. Any letter | ||||||
9 | of agency that does
not conform with this
Section is | ||||||
10 | invalid.
| ||||||
11 | (2) The letter of agency shall be a separate
document | ||||||
12 | (an easily separable document containing only
the | ||||||
13 | authorization language described in subparagraph (a)(5)
of | ||||||
14 | this
Section) whose sole purpose is to authorize an
| ||||||
15 | electric service provider change. The letter of agency
must | ||||||
16 | be signed and dated by the subscriber requesting the
| ||||||
17 | electric service provider change.
| ||||||
18 | (3) The letter of agency shall not be combined with
| ||||||
19 | inducements of any kind on the same document.
| ||||||
20 | (4) Notwithstanding subparagraphs (a)(1) and (a)(2) of
| ||||||
21 | this
Section, the letter of agency may be combined with
| ||||||
22 | checks that contain only the required letter of agency
| ||||||
23 | language prescribed in subparagraph (a)(5)
of this Section | ||||||
24 | and
the necessary information to make the check a | ||||||
25 | negotiable
instrument. The letter of agency check shall not | ||||||
26 | contain
any promotional language or material. The letter of
|
| |||||||
| |||||||
1 | agency check shall contain in easily readable, bold-face
| ||||||
2 | type on the face of the check, a notice that the consumer
| ||||||
3 | is authorizing an electric service provider change by
| ||||||
4 | signing the check. The letter of agency language also
shall | ||||||
5 | be placed near the signature line on the back of
the check.
| ||||||
6 | (5) At a minimum, the letter of agency must be
printed | ||||||
7 | with a print of sufficient size to be clearly
legible, and | ||||||
8 | must contain clear and unambiguous language
that confirms:
| ||||||
9 | (i) The subscriber's billing name and address;
| ||||||
10 | (ii) The decision to change the electric service
| ||||||
11 | provider from the current provider to the
prospective | ||||||
12 | provider;
| ||||||
13 | (iii) The terms, conditions, and nature of the
| ||||||
14 | service to be provided to the subscriber must be
| ||||||
15 | clearly and conspicuously disclosed, in writing, and
| ||||||
16 | an electric service provider must directly establish
| ||||||
17 | the rates for the service contracted for by the
| ||||||
18 | subscriber; and
| ||||||
19 | (iv) That the subscriber understand that any
| ||||||
20 | electric service provider selection the subscriber
| ||||||
21 | chooses may involve a charge to the subscriber for
| ||||||
22 | changing the subscriber's electric service provider.
| ||||||
23 | (6) Letters of agency shall not suggest or require
that | ||||||
24 | a subscriber take some action in order to retain the
| ||||||
25 | subscriber's current electric service provider.
| ||||||
26 | (7) If any portion of a letter of agency is
translated |
| |||||||
| |||||||
1 | into another language, then all portions of
the letter of | ||||||
2 | agency must be translated into that
language.
| ||||||
3 | (b) An appropriately qualified independent third party has | ||||||
4 | obtained, in accordance with the procedures set forth in this | ||||||
5 | subsection (b), the subscriber's oral authorization to change | ||||||
6 | electric suppliers that confirms and includes appropriate | ||||||
7 | verification data. The independent third party (i) must not be | ||||||
8 | owned, managed, controlled, or directed by the supplier or the | ||||||
9 | supplier's marketing agent; (ii) must not have any financial | ||||||
10 | incentive to confirm supplier change requests for the supplier | ||||||
11 | or the supplier's marketing agent; and (iii) must operate in a | ||||||
12 | location physically separate from the supplier or the | ||||||
13 | supplier's marketing agent.
| ||||||
14 | Automated third-party verification systems and 3-way | ||||||
15 | conference calls may be used for verification purposes so long | ||||||
16 | as the other requirements of this subsection (b) are satisfied. | ||||||
17 | A supplier or supplier's sales representative initiating a | ||||||
18 | 3-way conference call or a call through an automated | ||||||
19 | verification system must drop off the call once the 3-way | ||||||
20 | connection has been established. | ||||||
21 | All third-party verification methods shall elicit, at a | ||||||
22 | minimum, the following information: (i) the identity of the | ||||||
23 | subscriber; (ii) confirmation that the person on the call is | ||||||
24 | authorized to make the supplier change; (iii) confirmation that | ||||||
25 | the person on the call wants to make the supplier change; (iv) | ||||||
26 | the names of the suppliers affected by the change; (v) the |
| |||||||
| |||||||
1 | service address of the supply to be switched; and (vi) the | ||||||
2 | price of the service to be supplied and the material terms and | ||||||
3 | conditions of the service being offered, including whether any | ||||||
4 | early termination fees apply. Third-party verifiers may not | ||||||
5 | market the supplier's services by providing additional | ||||||
6 | information, including information regarding procedures to | ||||||
7 | block or otherwise freeze an account against further changes. | ||||||
8 | All third-party verifications shall be conducted in the | ||||||
9 | same language that was used in the underlying sales transaction | ||||||
10 | and shall be recorded in their entirety. Submitting suppliers | ||||||
11 | shall maintain and preserve audio records of verification of | ||||||
12 | subscriber authorization for a minimum period of 2 years after | ||||||
13 | obtaining the verification. Automated systems must provide | ||||||
14 | consumers with an option to speak with a live person at any | ||||||
15 | time during the call.
| ||||||
16 | (c) When a subscriber initiates the call to the prospective | ||||||
17 | electric supplier, in order to enroll the subscriber as a | ||||||
18 | customer, the prospective electric supplier must, with the | ||||||
19 | consent of the customer, make a date-stamped, time-stamped | ||||||
20 | audio recording that elicits, at a minimum, the following | ||||||
21 | information: | ||||||
22 | (1) the identity of the subscriber; | ||||||
23 | (2) confirmation that the person on the call is | ||||||
24 | authorized to make the supplier change; | ||||||
25 | (3) confirmation that the person on the call wants to | ||||||
26 | make the supplier change; |
| |||||||
| |||||||
1 | (4) the names of the suppliers affected by the change; | ||||||
2 | (5) the service address of the supply to be switched; | ||||||
3 | and | ||||||
4 | (6) the price of the service to be supplied and the | ||||||
5 | material terms and conditions of the service being offered, | ||||||
6 | including whether any early termination fees apply.
| ||||||
7 | Submitting suppliers shall maintain and preserve the audio | ||||||
8 | records containing the information set forth above for a | ||||||
9 | minimum period of 2 years.
| ||||||
10 | (c-5) An electric supplier shall not automatically renew a | ||||||
11 | contract with a residential customer at a rate higher than the | ||||||
12 | initial term of the contract or automatically change or renew a | ||||||
13 | fixed rate contract to a variable rate contract. A residential | ||||||
14 | customer may agree to a contract renewal at a rate higher than | ||||||
15 | the initial term of the contract if the requirements in | ||||||
16 | paragraphs (v) and (vi) of subsection (a) of Section 16-115A of | ||||||
17 | the Public Utilities Act have been met and the residential | ||||||
18 | customer expressly consents to the contract renewal in writing | ||||||
19 | or by an electronic signature. A residential customer may void | ||||||
20 | a contract renewal or a variable rate contract if the | ||||||
21 | requirements in paragraphs (v) and (vi) of subsection (a) of | ||||||
22 | Section 16-115A of the Public Utilities Act have not been met. | ||||||
23 | (d) Complaints may be filed with the Illinois Commerce | ||||||
24 | Commission under this Section by a subscriber whose electric | ||||||
25 | service has been provided by an electric service supplier in a | ||||||
26 | manner not in compliance with this Section. If, after notice |
| |||||||
| |||||||
1 | and hearing, the Commission finds that an electric service | ||||||
2 | provider has violated this Section, the Commission may in its | ||||||
3 | discretion do any one or more of the following: | ||||||
4 | (1) Require the violating electric service provider to | ||||||
5 | refund to the subscriber charges collected in excess of | ||||||
6 | those that would have been charged by the subscriber's | ||||||
7 | authorized electric service provider. | ||||||
8 | (2) Require the violating electric service provider to | ||||||
9 | pay to the subscriber's authorized electric supplier the | ||||||
10 | amount the authorized electric supplier would have | ||||||
11 | collected for the electric service. The Commission is | ||||||
12 | authorized to reduce this payment by any amount already | ||||||
13 | paid by the violating electric supplier to the subscriber's | ||||||
14 | authorized provider for electric service. | ||||||
15 | (3) Require the violating electric subscriber to pay a | ||||||
16 | fine of up to $1,000 into the Public Utility Fund for each | ||||||
17 | repeated and intentional violation of this Section. | ||||||
18 | (4) Issue a cease and desist order. | ||||||
19 | (5) For a pattern of violation of this Section or for | ||||||
20 | intentionally violating a cease and desist order, revoke | ||||||
21 | the violating provider's certificate of service authority.
| ||||||
22 | (d-5) A violation of Section 16-115A or 16-115E of the | ||||||
23 | Public Utilities Act or the administrative rules adopted | ||||||
24 | thereunder at 83 Ill. Adm. Code Part 412 constitutes a | ||||||
25 | violation of this Section. | ||||||
26 | (e) For purposes of this
Section, "electric service |
| |||||||
| |||||||
1 | provider"
shall have the meaning given that phrase in
Section | ||||||
2 | 6.5 of the
Attorney General Act.
| ||||||
3 | (Source: P.A. 95-700, eff. 11-9-07.)
| ||||||
4 | (815 ILCS 505/2DDD)
| ||||||
5 | Sec. 2DDD. Alternative gas suppliers. | ||||||
6 | (a) Definitions. | ||||||
7 | (1) "Alternative gas supplier" has the same meaning as | ||||||
8 | in Section 19-105 of the Public Utilities Act. | ||||||
9 | (2) "Gas utility" has the same meaning as in Section | ||||||
10 | 19-105 of the Public Utilities Act. | ||||||
11 | (b) It is an unfair or deceptive act or practice within the | ||||||
12 | meaning of Section 2 of this Act for any person to violate any | ||||||
13 | provision of this Section. A violation of Section 19-115 or | ||||||
14 | 19-116 of the Alternative Gas Supplier Law or the | ||||||
15 | administrative rules adopted thereunder at 83 Ill. Adm. Code | ||||||
16 | Parts 501 and 551 also constitutes a violation of this Section. | ||||||
17 | (c) Solicitation. | ||||||
18 | (1) An alternative gas supplier shall not misrepresent | ||||||
19 | the affiliation of any alternative supplier with the gas | ||||||
20 | utility, governmental bodies, or consumer groups. | ||||||
21 | (2) If any sales solicitation, agreement, contract, or | ||||||
22 | verification is translated into another language and | ||||||
23 | provided to a customer, all of the documents must be | ||||||
24 | provided to the customer in that other language. | ||||||
25 | (3) An alternative gas supplier shall clearly and |
| |||||||
| |||||||
1 | conspicuously disclose the following information to all | ||||||
2 | customers: | ||||||
3 | (A) the prices, terms, and conditions of the | ||||||
4 | products and services being sold to the customer; | ||||||
5 | (B) where the solicitation occurs in person, | ||||||
6 | including through door-to-door solicitation, the | ||||||
7 | salesperson's name; | ||||||
8 | (C) the alternative gas supplier's contact | ||||||
9 | information, including the address, phone number, and | ||||||
10 | website; | ||||||
11 | (D) contact information for the Illinois Commerce | ||||||
12 | Commission, including the toll-free number for | ||||||
13 | consumer complaints and website; | ||||||
14 | (E) a statement of the customer's right to rescind | ||||||
15 | the offer within 10 business days of the date on the | ||||||
16 | utility's notice confirming the customer's decision to | ||||||
17 | switch suppliers, as well as phone numbers for the | ||||||
18 | supplier and utility that the consumer may use to | ||||||
19 | rescind the contract; and | ||||||
20 | (F) the amount of the early termination fee, if | ||||||
21 | any. | ||||||
22 | (4) Except as provided in paragraph (5) of this | ||||||
23 | subsection (c), an alternative gas supplier shall send the | ||||||
24 | information described in paragraph (3) of this subsection | ||||||
25 | (c) to all customers within one business day of the | ||||||
26 | authorization of a switch. |
| |||||||
| |||||||
1 | (5) An alternative gas supplier engaging in | ||||||
2 | door-to-door solicitation of consumers shall provide the | ||||||
3 | information described in paragraph (3) of this subsection | ||||||
4 | (c) during all door-to-door solicitations that result in a | ||||||
5 | customer deciding to switch their supplier. | ||||||
6 | (d) Customer Authorization. An alternative gas supplier | ||||||
7 | shall not submit or execute a change in a customer's selection | ||||||
8 | of a natural gas provider unless and until (i) the alternative | ||||||
9 | gas supplier first discloses all material terms and conditions | ||||||
10 | of the offer to the customer , including information that | ||||||
11 | adequately discloses the prices, terms, and conditions of the | ||||||
12 | products or services that the alternative gas supplier is | ||||||
13 | offering or selling to the customer and the preceding 12 | ||||||
14 | months' current utility gas supply charge as displayed on the | ||||||
15 | Natural Gas Choice website maintained by the Illinois Commerce | ||||||
16 | Commission for the distribution utility serving the customer; | ||||||
17 | (ii) the alternative gas supplier meets the requirements of | ||||||
18 | Sections 19-115 and 19-116 of the Public Utilities Act ; (iii) | ||||||
19 | (ii) the alternative gas supplier has obtained the customer's | ||||||
20 | express agreement to accept the offer after the disclosure of | ||||||
21 | all material terms and conditions of the offer; and (iv) (iii) | ||||||
22 | the alternative gas supplier has confirmed the request for a | ||||||
23 | change in accordance with one of the following procedures: | ||||||
24 | (1) The alternative gas supplier has obtained the | ||||||
25 | customer's written or electronically signed authorization | ||||||
26 | in a form that meets the following requirements: |
| |||||||
| |||||||
1 | (A) An alternative gas supplier shall obtain any | ||||||
2 | necessary written or electronically signed | ||||||
3 | authorization from a customer for a change in natural | ||||||
4 | gas service by using a letter of agency as specified in | ||||||
5 | this Section. Any letter of agency that does not | ||||||
6 | conform with this Section is invalid. | ||||||
7 | (B) The letter of agency shall be a separate | ||||||
8 | document (or an easily separable document containing | ||||||
9 | only the authorization language described in item (E) | ||||||
10 | of this paragraph (1)) whose sole purpose is to | ||||||
11 | authorize a natural gas provider change. The letter of | ||||||
12 | agency must be signed and dated by the customer | ||||||
13 | requesting the natural gas provider change. | ||||||
14 | (C) The letter of agency shall not be combined with | ||||||
15 | inducements of any kind on the same document. | ||||||
16 | (D) Notwithstanding items (A) and (B) of this | ||||||
17 | paragraph (1), the letter of agency may be combined | ||||||
18 | with checks that contain only the required letter of | ||||||
19 | agency language prescribed in item (E) of this | ||||||
20 | paragraph (1) and the necessary information to make the | ||||||
21 | check a negotiable instrument. The letter of agency | ||||||
22 | check shall not contain any promotional language or | ||||||
23 | material. The letter of agency check shall contain in | ||||||
24 | easily readable, bold face type on the face of the | ||||||
25 | check, a notice that the consumer is authorizing a | ||||||
26 | natural gas provider change by signing the check. The |
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1 | letter of agency language also shall be placed near the | ||||||
2 | signature line on the back of the check. | ||||||
3 | (E) At a minimum, the letter of agency must be | ||||||
4 | printed with a print of sufficient size to be clearly | ||||||
5 | legible, and must contain clear and unambiguous | ||||||
6 | language that confirms: | ||||||
7 | (i) the customer's billing name and address; | ||||||
8 | (ii) the decision to change the natural gas | ||||||
9 | provider from the current provider to the | ||||||
10 | prospective alternative gas supplier; | ||||||
11 | (iii) the terms, conditions, and nature of the | ||||||
12 | service to be provided to the customer, including, | ||||||
13 | but not limited to, the rates for the service | ||||||
14 | contracted for by the customer; and | ||||||
15 | (iv) that the customer understands that any | ||||||
16 | natural gas provider selection the customer | ||||||
17 | chooses may involve a charge to the customer for | ||||||
18 | changing the customer's natural gas provider. | ||||||
19 | (F) Letters of agency shall not suggest or require | ||||||
20 | that a customer take some action in order to retain the | ||||||
21 | customer's current natural gas provider. | ||||||
22 | (G) If any portion of a letter of agency is | ||||||
23 | translated into another language, then all portions of | ||||||
24 | the letter of agency must be translated into that | ||||||
25 | language. | ||||||
26 | (2) An appropriately qualified independent third party |
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1 | has obtained, in accordance with the procedures set forth | ||||||
2 | in this paragraph (2), the customer's oral authorization to | ||||||
3 | change natural gas providers that confirms and includes | ||||||
4 | appropriate verification data. The independent third party | ||||||
5 | must (i) not be owned, managed, controlled, or directed by | ||||||
6 | the alternative gas supplier or the alternative gas | ||||||
7 | supplier's marketing agent; (ii) not have any financial | ||||||
8 | incentive to confirm provider change requests for the | ||||||
9 | alternative gas supplier or the alternative gas supplier's | ||||||
10 | marketing agent; and (iii) operate in a location physically | ||||||
11 | separate from the alternative gas supplier or the | ||||||
12 | alternative gas supplier's marketing agent. Automated | ||||||
13 | third-party verification systems and 3-way conference | ||||||
14 | calls may be used for verification purposes so long as the | ||||||
15 | other requirements of this paragraph (2) are satisfied. A | ||||||
16 | alternative gas supplier or alternative gas supplier's | ||||||
17 | sales representative initiating a 3-way conference call or | ||||||
18 | a call through an automated verification system must drop | ||||||
19 | off the call once the 3-way connection has been | ||||||
20 | established. All third-party verification methods shall | ||||||
21 | elicit, at a minimum, the following information: | ||||||
22 | (A) the identity of the customer; | ||||||
23 | (B) confirmation that the person on the call is | ||||||
24 | authorized to make the provider change; | ||||||
25 | (C) confirmation that the person on the call wants | ||||||
26 | to make the provider change; |
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1 | (D) the names of the providers affected by the | ||||||
2 | change; | ||||||
3 | (E) the service address of the service to be | ||||||
4 | switched; and | ||||||
5 | (F) the price of the service to be provided and the | ||||||
6 | material terms and conditions of the service being | ||||||
7 | offered, including whether any early termination fees | ||||||
8 | apply. | ||||||
9 | Third-party verifiers may not market the alternative | ||||||
10 | gas supplier's services. All third-party verifications | ||||||
11 | shall be conducted in the same language that was used in | ||||||
12 | the underlying sales transaction and shall be recorded in | ||||||
13 | their entirety. Submitting alternative gas suppliers shall | ||||||
14 | maintain and preserve audio records of verification of | ||||||
15 | customer authorization for a minimum period of 2 years | ||||||
16 | after obtaining the verification. Automated systems must | ||||||
17 | provide customers with an option to speak with a live | ||||||
18 | person at any time during the call. | ||||||
19 | (3) The alternative gas supplier has obtained the | ||||||
20 | customer's electronic authorization to change natural gas | ||||||
21 | service via telephone. Such authorization must elicit the | ||||||
22 | information in paragraph (2)(A) through (F) of this | ||||||
23 | subsection (d). Alternative gas suppliers electing to | ||||||
24 | confirm sales electronically shall establish one or more | ||||||
25 | toll-free telephone numbers exclusively for that purpose. | ||||||
26 | Calls to the number or numbers shall connect a customer to |
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1 | a voice response unit, or similar mechanism, that makes a | ||||||
2 | date-stamped, time-stamped recording of the required | ||||||
3 | information regarding the alternative gas supplier change. | ||||||
4 | The alternative gas supplier shall not use such | ||||||
5 | electronic authorization systems to market its services. | ||||||
6 | (4) When a consumer initiates the call to the | ||||||
7 | prospective alternative gas supplier, in order to enroll | ||||||
8 | the consumer as a customer, the prospective alternative gas | ||||||
9 | supplier must, with the consent of the customer, make a | ||||||
10 | date-stamped, time-stamped audio recording that elicits, | ||||||
11 | at a minimum, the following information: | ||||||
12 | (A) the identity of the customer; | ||||||
13 | (B) confirmation that the person on the call is | ||||||
14 | authorized to make the provider change; | ||||||
15 | (C) confirmation that the person on the call wants | ||||||
16 | to make the provider change; | ||||||
17 | (D) the names of the providers affected by the | ||||||
18 | change; | ||||||
19 | (E) the service address of the service to be | ||||||
20 | switched; and | ||||||
21 | (F) the price of the service to be supplied and the | ||||||
22 | material terms and conditions of the service being | ||||||
23 | offered, including whether any early termination fees | ||||||
24 | apply. | ||||||
25 | Submitting alternative gas suppliers shall maintain | ||||||
26 | and preserve the audio records containing the information |
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1 | set forth above for a minimum period of 2 years. | ||||||
2 | (5) In the event that a customer enrolls for service | ||||||
3 | from an alternative gas supplier via an Internet website, | ||||||
4 | the alternative gas supplier shall obtain an | ||||||
5 | electronically signed letter of agency in accordance with | ||||||
6 | paragraph (1) of this subsection (d) and any customer | ||||||
7 | information shall be protected in accordance with all | ||||||
8 | applicable statutes and rules. In addition, an alternative | ||||||
9 | gas supplier shall provide the following when marketing via | ||||||
10 | an Internet website: | ||||||
11 | (A) The Internet enrollment website shall, at a | ||||||
12 | minimum, include: | ||||||
13 | (i) a copy of the alternative gas supplier's | ||||||
14 | customer contract, which clearly and conspicuously | ||||||
15 | discloses all terms and conditions; and | ||||||
16 | (ii) a conspicuous prompt for the customer to | ||||||
17 | print or save a copy of the contract. | ||||||
18 | (B) Any electronic version of the contract shall be | ||||||
19 | identified by version number, in order to ensure the | ||||||
20 | ability to verify the particular contract to which the | ||||||
21 | customer assents. | ||||||
22 | (C) Throughout the duration of the alternative gas | ||||||
23 | supplier's contract with a customer, the alternative | ||||||
24 | gas supplier shall retain and, within 3 business days | ||||||
25 | of the customer's request, provide to the customer an | ||||||
26 | e-mail, paper, or facsimile of the terms and conditions |
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1 | of the numbered contract version to which the customer | ||||||
2 | assents. | ||||||
3 | (D) The alternative gas supplier shall provide a | ||||||
4 | mechanism by which both the submission and receipt of | ||||||
5 | the electronic letter of agency are recorded by time | ||||||
6 | and date. | ||||||
7 | (E) After the customer completes the electronic | ||||||
8 | letter of agency, the alternative gas supplier shall | ||||||
9 | disclose conspicuously through its website that the | ||||||
10 | customer has been enrolled and the alternative gas | ||||||
11 | supplier shall provide the customer an enrollment | ||||||
12 | confirmation number. | ||||||
13 | (6) When a customer is solicited in person by the | ||||||
14 | alternative gas supplier's sales agent, the alternative | ||||||
15 | gas supplier may only obtain the customer's authorization | ||||||
16 | to change natural gas service through the method provided | ||||||
17 | for in paragraph (2) of this subsection (d). | ||||||
18 | Alternative gas suppliers must be in compliance with the | ||||||
19 | provisions of this subsection (d) within 90 days after the | ||||||
20 | effective date of this amendatory Act of the 95th General | ||||||
21 | Assembly. | ||||||
22 | (d-5) A gas supplier shall not automatically renew a | ||||||
23 | contract with a residential customer at a rate higher than the | ||||||
24 | initial term of the contract or automatically change or renew a | ||||||
25 | fixed rate contract to a variable rate contract. A residential | ||||||
26 | customer may agree to a contract renewal at a rate higher than |
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1 | the initial term of the contract if the requirements in | ||||||
2 | paragraphs (8) and (9) of subsection (b) of Section 19-115 of | ||||||
3 | the Public Utilities Act have been met and the residential | ||||||
4 | customer expressly consents to the contract renewal in writing | ||||||
5 | or by an electronic signature. A residential customer may void | ||||||
6 | a contract renewal or a variable rate contract if the | ||||||
7 | requirements in paragraphs (8) and (9) of subsection (b) of | ||||||
8 | Section 19-115 of the Public Utilities Act have not been met. | ||||||
9 | (e) Early Termination. | ||||||
10 | (1) Any agreement that contains an early termination | ||||||
11 | clause shall disclose the amount of the early termination | ||||||
12 | fee, provided that any early termination fee or penalty | ||||||
13 | shall not exceed $50 total, regardless of whether or not | ||||||
14 | the agreement is a multiyear agreement. | ||||||
15 | (2) In any agreement that contains an early termination | ||||||
16 | clause, an alternative gas supplier shall provide the | ||||||
17 | customer the opportunity to terminate the agreement | ||||||
18 | without any termination fee or penalty within 10 business | ||||||
19 | days after the date of the first bill issued to the | ||||||
20 | customer for products or services provided by the | ||||||
21 | alternative gas supplier. The agreement shall disclose the | ||||||
22 | opportunity and provide a toll-free phone number that the | ||||||
23 | customer may call in order to terminate the agreement. | ||||||
24 | (f) The alternative gas supplier shall provide each | ||||||
25 | customer the opportunity to rescind its agreement without | ||||||
26 | penalty within 10 business days after the date on the gas |
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| |||||||
1 | utility notice to the customer. The alternative gas supplier | ||||||
2 | shall disclose to the customer all of the following: | ||||||
3 | (1) that the gas utility shall send a notice confirming | ||||||
4 | the switch; | ||||||
5 | (2) that from the date the utility issues the notice | ||||||
6 | confirming the switch, the customer shall have 10 business | ||||||
7 | days before the switch will become effective; | ||||||
8 | (3) that the customer may contact the gas utility or | ||||||
9 | the alternative gas supplier to rescind the switch within | ||||||
10 | 10 business days; and | ||||||
11 | (4) the contact information for the gas utility and the | ||||||
12 | alternative gas supplier. | ||||||
13 | The alternative gas supplier disclosure shall be included | ||||||
14 | in its sales solicitations, contracts, and all applicable sales | ||||||
15 | verification scripts. | ||||||
16 | (g) The provisions of this Section shall apply only to | ||||||
17 | alternative gas suppliers serving or seeking to serve | ||||||
18 | residential and small commercial customers and only to the | ||||||
19 | extent such alternative gas suppliers provide services to | ||||||
20 | residential and small commercial customers.
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21 | (Source: P.A. 97-333, eff. 8-12-11.)
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22 | Section 90. This Act supersedes any conflicting provision | ||||||
23 | of 83 Ill. Adm. Code 280, and any ambiguity shall be resolved | ||||||
24 | in favor of the customer or prospective customer.
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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