Bill Text: IL HB5101 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Public Utilities Act. In provisions concerning services provided by electric utilities to alternative retail electric suppliers, requires that customers are enrolled with an alternative retail electric supplier through the municipal aggregation process described in the Illinois Power Agency Act when certain electric utilities file a tariff. Creates a natural gas aggregation process by municipalities, townships, and counties. Provides that the corporate authorities of a municipality, township board, or county board of a county may adopt an ordinance under which it may aggregate residential and small commercial retail natural gas loads located within the municipality, township, or county and may enter into service agreements to facilitate for those loads the sale and purchase of natural gas and related services and equipment. Provides that a single billing option shall be offered to customers for both the services provided by the alternative gas supplier and the delivery services provided by the gas utility, provided that the customers are enrolled with the natural gas aggregation process. Requires a gas utility to file a tariff that allows alternative gas suppliers to issue single bills to residential and small commercials customers, provided that the customers are enrolled with the natural gas aggregation process. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Introduced) 2018-07-02 - Rule 19(b) / Motion Referred to Rules Committee [HB5101 Detail]

Download: Illinois-2017-HB5101-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5101

Introduced , by Rep. Marcus C. Evans, Jr.

SYNOPSIS AS INTRODUCED:
220 ILCS 5/16-101A
220 ILCS 5/16-118
220 ILCS 5/19-107 new
220 ILCS 5/19-135

Amends the Public Utilities Act. In provisions concerning services provided by electric utilities to alternative retail electric suppliers, requires that customers are enrolled with an alternative retail electric supplier through the municipal aggregation process described in the Illinois Power Agency Act when certain electric utilities file a tariff. Creates a natural gas aggregation process by municipalities, townships, and counties. Provides that the corporate authorities of a municipality, township board, or county board of a county may adopt an ordinance under which it may aggregate residential and small commercial retail natural gas loads located within the municipality, township, or county and may enter into service agreements to facilitate for those loads the sale and purchase of natural gas and related services and equipment. Provides that a single billing option shall be offered to customers for both the services provided by the alternative gas supplier and the delivery services provided by the gas utility, provided that the customers are enrolled with the natural gas aggregation process. Requires a gas utility to file a tariff that allows alternative gas suppliers to issue single bills to residential and small commercials customers, provided that the customers are enrolled with the natural gas aggregation process. Makes other changes. Effective immediately.
LRB100 18968 SMS 34218 b

A BILL FOR

HB5101LRB100 18968 SMS 34218 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Public Utilities Act is amended by changing
5Sections 16-101A, 16-118, and 19-135 and by adding Section
619-107 as follows:
7 (220 ILCS 5/16-101A)
8 Sec. 16-101A. Legislative findings.
9 (a) The citizens and businesses of the State of Illinois
10have been well-served by a comprehensive electrical utility
11system which has provided safe, reliable, and affordable
12service. The electrical utility system in the State of Illinois
13has historically been subject to State and federal regulation,
14aimed at assuring the citizens and businesses of the State of
15safe, reliable, and affordable service, while at the same time
16assuring the utility system of a return on its investment.
17 (b) Competitive forces are affecting the market for
18electricity as a result of recent federal regulatory and
19statutory changes and the activities of other states.
20Competition in the electric services market may create
21opportunities for new products and services for customers and
22lower costs for users of electricity. Long-standing regulatory
23relationships need to be altered to accommodate the competition

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1that could fundamentally alter the structure of the electric
2services market.
3 (c) With the advent of increasing competition in this
4industry, the State has a continued interest in assuring that
5the safety, reliability, and affordability of electrical power
6is not sacrificed to competitive pressures, and to that end,
7intends to implement safeguards to assure that the industry
8continues to operate the electrical system in a manner that
9will serve the public's interest. Under the existing regulatory
10framework, the industry has been encouraged to undertake
11certain investments in its physical plant and personnel to
12enhance its efficient operation, the cost of which it has been
13permitted to pass on to consumers. The State has an interest in
14providing the existing utilities a reasonable opportunity to
15obtain a return on certain investments on which they depended
16in undertaking those commitments in the first instance while,
17at the same time, not permitting new entrants into the industry
18to take unreasonable advantage of the investments made by the
19formerly regulated industry.
20 (d) A competitive wholesale and retail market must benefit
21all Illinois citizens. The Illinois Commerce Commission should
22act to promote the development of an effectively competitive
23electricity market that operates efficiently and is equitable
24to all consumers. Consumer protections must be in place to
25ensure that all customers continue to receive safe, reliable,
26affordable, and environmentally safe electric service. The

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1sale and marketing of electricity by door-to-door and
2telephonic means have proven an ineffective way to ensure
3access to affordable, competitive electricity. Electricity is
4a fundamental necessity for the people of the State of
5Illinois, and in order to protect the people of this State and
6State energy assistance funds from price gouging and misleading
7marketing, the State shall pursue municipal aggregation of
8retail customers as the competitive model.
9 (e) All consumers must benefit in an equitable and timely
10fashion from the lower costs for electricity that result from
11retail and wholesale competition and receive sufficient
12information to make informed choices among suppliers and
13services. The use of renewable resources and energy efficiency
14resources should be encouraged in competitive markets.
15 (f) The efficiency of electric markets depends both upon
16the competitiveness of supply and upon the
17price-responsiveness of the demand for service. Therefore, to
18ensure the lowest total cost of service and to enhance the
19reliability of service, all classes of the electricity
20customers of electric utilities should have access to and be
21able to voluntarily use real-time pricing and other
22price-response and demand-response mechanisms.
23 (g) Including cost-effective renewable resources and
24demand-response resources in a diverse electricity supply
25portfolio will reduce long-term direct and indirect costs to
26consumers by decreasing environmental impacts and by avoiding

HB5101- 4 -LRB100 18968 SMS 34218 b
1or delaying the need for new generation, transmission, and
2distribution infrastructure. It serves the public interest to
3allow electric utilities to recover costs for reasonably and
4prudently incurred expenses for electricity generated by
5renewable resources and demand-response resources.
6 (h) Including electricity generated by clean coal
7facilities, as defined under Section 1-10 of the Illinois Power
8Agency Act, in a diverse electricity procurement portfolio will
9reduce the need to purchase, directly or indirectly, carbon
10dioxide emission credits and will decrease environmental
11impacts. It serves the public interest to allow electric
12utilities to recover costs for reasonably and prudently
13incurred expenses for sourcing electricity generated by clean
14coal facilities.
15(Source: P.A. 94-977, eff. 6-30-06; 95-481, eff. 8-28-07;
1695-1027, eff. 6-1-09.)
17 (220 ILCS 5/16-118)
18 Sec. 16-118. Services provided by electric utilities to
19alternative retail electric suppliers.
20 (a) It is in the best interest of Illinois energy consumers
21to promote fair and open competition in the provision of
22electric power and energy and to prevent anticompetitive
23practices in the provision of electric power and energy.
24Therefore, to the extent an electric utility provides electric
25power and energy or delivery services to alternative retail

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1electric suppliers and such services are not subject to the
2jurisdiction of the Federal Energy Regulatory Commission, and
3are not competitive services, they shall be provided through
4tariffs that are filed with the Commission, pursuant to Article
5IX of this Act. Each electric utility shall permit alternative
6retail electric suppliers to interconnect facilities to those
7owned by the utility provided they meet established standards
8for such interconnection, and may provide standby or other
9services to alternative retail electric suppliers. The
10alternative retail electric supplier shall sign a contract
11setting forth the prices, terms and conditions for
12interconnection with the electric utility and the prices, terms
13and conditions for services provided by the electric utility to
14the alternative retail electric supplier in connection with the
15delivery by the electric utility of electric power and energy
16supplied by the alternative retail electric supplier.
17 (b) An electric utility shall file a tariff pursuant to
18Article IX of the Act that would allow alternative retail
19electric suppliers or electric utilities other than the
20electric utility in whose service area retail customers are
21located to issue single bills to the retail customers for both
22the services provided by such alternative retail electric
23supplier or other electric utility and the delivery services
24provided by the electric utility to such customers, provided
25that customers are enrolled with an alternative retail electric
26supplier through the municipal aggregation process described

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1in Section 1-92 of the Illinois Power Agency Act. The tariff
2filed pursuant to this subsection shall (i) require partial
3payments made by retail customers to be credited first to the
4electric utility's tariffed services, (ii) impose commercially
5reasonable terms with respect to credit and collection,
6including requests for deposits, (iii) retain the electric
7utility's right to disconnect the retail customers, if it does
8not receive payment for its tariffed services, in the same
9manner that it would be permitted to if it had billed for the
10services itself, and (iv) require the alternative retail
11electric supplier or other electric utility that elects the
12billing option provided by this tariff to include on each bill
13to retail customers an identification of the electric utility
14providing the delivery services and a listing of the charges
15applicable to such services. The tariff filed pursuant to this
16subsection may also include other just and reasonable terms and
17conditions. In addition, an electric utility, an alternative
18retail electric supplier or electric utility other than the
19electric utility in whose service area the customer is located,
20and a customer served by such alternative retail electric
21supplier or other electric utility, may enter into an agreement
22pursuant to which the alternative retail electric supplier or
23other electric utility pays the charges specified in Section
2416-108, or other customer-related charges, including taxes and
25fees, in lieu of such charges being recovered by the electric
26utility directly from the customer.

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1 (c) An electric utility with more than 100,000 customers
2shall file a tariff pursuant to Article IX of this Act that
3provides alternative retail electric suppliers, and electric
4utilities other than the electric utility in whose service area
5the retail customers are located, with the option to have the
6electric utility purchase their receivables for power and
7energy service provided to residential retail customers and
8non-residential retail customers with a non-coincident peak
9demand of less than 400 kilowatts, provided that customers are
10enrolled with an alternative retail electric supplier through
11the municipal aggregation process described in Section 1-92 of
12the Illinois Power Agency Act. Receivables for power and energy
13service of alternative retail electric suppliers or electric
14utilities other than the electric utility in whose service area
15the retail customers are located shall be purchased by the
16electric utility at a just and reasonable discount rate to be
17reviewed and approved by the Commission after notice and
18hearing. The discount rate shall be based on the electric
19utility's historical bad debt and any reasonable start-up costs
20and administrative costs associated with the electric
21utility's purchase of receivables. The discounted rate for
22purchase of receivables shall be included in the tariff filed
23pursuant to this subsection (c). The discount rate filed
24pursuant to this subsection (c) shall be subject to periodic
25Commission review. The electric utility retains the right to
26impose the same terms on retail customers with respect to

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1credit and collection, including requests for deposits, and
2retain the electric utility's right to disconnect the retail
3customers, if it does not receive payment for its tariffed
4services or purchased receivables, in the same manner that it
5would be permitted to if the retail customers purchased power
6and energy from the electric utility. The tariff filed pursuant
7to this subsection (c) shall permit the electric utility to
8recover from retail customers any uncollected receivables that
9may arise as a result of the purchase of receivables under this
10subsection (c), may also include other just and reasonable
11terms and conditions, and shall provide for the prudently
12incurred costs associated with the provision of this service
13pursuant to this subsection (c). Nothing in this subsection (c)
14permits the double recovery of bad debt expenses from
15customers.
16 (d) An electric utility with more than 100,000 customers
17shall file a tariff pursuant to Article IX of this Act that
18would provide alternative retail electric suppliers or
19electric utilities other than the electric utility in whose
20service area retail customers are located with the option to
21have the electric utility produce and provide single bills to
22the retail customers for both the electric power and energy
23service provided by the alternative retail electric supplier or
24other electric utility and the delivery services provided by
25the electric utility to the customers, provided that customers
26are enrolled with an alternative retail electric supplier

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1through the municipal aggregation process described in Section
21-92 of the Illinois Power Agency Act. The tariffs filed
3pursuant to this subsection shall require the electric utility
4to collect and remit customer payments for electric power and
5energy service provided by alternative retail electric
6suppliers or electric utilities other than the electric utility
7in whose service area retail customers are located. The tariff
8filed pursuant to this subsection shall require the electric
9utility to include on each bill to retail customers an
10identification of the alternative retail electric supplier or
11other electric utility that elects the billing option. The
12tariff filed pursuant to this subsection (d) may also include
13other just and reasonable terms and conditions and shall
14provide for the recovery of prudently incurred costs associated
15with the provision of service pursuant to this subsection (d).
16The costs associated with the provision of service pursuant to
17this Section shall be subject to periodic Commission review.
18 (e) An electric utility with more than 100,000 customers in
19this State shall file a tariff pursuant to Article IX of this
20Act that provides alternative retail electric suppliers, and
21electric utilities other than the electric utility in whose
22service area the retail customers are located, with the option
23to have the electric utility purchase 2 billing cycles worth of
24uncollectible receivables for power and energy service
25provided to residential retail customers and to
26non-residential retail customers with a non-coincident peak

HB5101- 10 -LRB100 18968 SMS 34218 b
1demand of less than 400 kilowatts upon returning that customer
2to that electric utility for delivery and energy service after
3that alternative retail electric supplier, or an electric
4utility other than the electric utility in whose service area
5the retail customer is located, has made reasonable collection
6efforts on that account, provided that customers are enrolled
7with an alternative retail electric supplier through the
8municipal aggregation process described in Section 1-92 of the
9Illinois Power Agency Act. Uncollectible receivables for power
10and energy service of alternative retail electric suppliers, or
11electric utilities other than the electric utility in whose
12service area the retail customers are located, shall be
13purchased by the electric utility at a just and reasonable
14discount rate to be reviewed and approved by the Commission,
15after notice and hearing. The discount rate shall be based on
16the electric utility's historical bad debt for receivables that
17are outstanding for a similar length of time and any reasonable
18start-up costs and administrative costs associated with the
19electric utility's purchase of receivables. The discounted
20rate for purchase of uncollectible receivables shall be
21included in the tariff filed pursuant to this subsection (e).
22The electric utility retains the right to impose the same terms
23on these retail customers with respect to credit and
24collection, including requests for deposits, and retains the
25right to disconnect these retail customers, if it does not
26receive payment for its tariffed services or purchased

HB5101- 11 -LRB100 18968 SMS 34218 b
1receivables, in the same manner that it would be permitted to
2if the retail customers had purchased power and energy from the
3electric utility. The tariff filed pursuant to this subsection
4(e) shall permit the electric utility to recover from retail
5customers any uncollectable receivables that may arise as a
6result of the purchase of uncollectible receivables under this
7subsection (e), may also include other just and reasonable
8terms and conditions, and shall provide for the prudently
9incurred costs associated with the provision of this service
10pursuant to this subsection (e). Nothing in this subsection (e)
11permits the double recovery of utility bad debt expenses from
12customers. The electric utility may file a joint tariff for
13this subsection (e) and subsection (c) of this Section.
14(Source: P.A. 95-700, eff. 11-9-07.)
15 (220 ILCS 5/19-107 new)
16 Sec. 19-107. Aggregation of natural gas load by
17municipalities, townships, and counties.
18 (a) The sale and marketing of natural gas by door-to-door
19and telephonic means has proven an ineffective way to ensure
20access to affordable, competitive natural gas. Natural gas is a
21fundamental necessity for the people of the State of Illinois,
22and in order to protect the people of this State and State
23energy assistance funds from price gouging and misleading
24marketing, the State shall pursue municipal aggregation of
25retail customers as the competitive model.

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1 (b) This Section applies to a natural gas utility serving
2more than 700,000 customers in southern and central Illinois
3and a natural gas utility serving more than 1,000,000 customers
4in northern Illinois.
5 (c) The corporate authorities of a municipality, township
6board, or county board of a county may adopt an ordinance under
7which it may aggregate in accordance with this Section
8residential and small commercial retail natural gas loads
9located, respectively, within the municipality, the township,
10or the unincorporated areas of the county and, for that
11purpose, may solicit bids and enter into service agreements to
12facilitate for those loads the sale and purchase of natural gas
13and related services and equipment.
14 The corporate authorities, township board, or county board
15may also exercise such authority jointly with any other
16municipality, township, or county. Two or more municipalities,
17townships, or counties, or a combination of both, may initiate
18a process jointly to authorize aggregation by a majority vote
19of each particular municipality, township, or county as
20required by this Section.
21 If the corporate authorities, township board, or the county
22board seek to operate the aggregation program as an opt-out
23program for residential and small commercial retail customers,
24then prior to the adoption of an ordinance with respect to
25aggregation of residential and small commercial retail natural
26gas loads, the corporate authorities of a municipality, the

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1township board, or the county board of a county shall submit a
2referendum to its residents to determine whether or not the
3aggregation program shall operate as an opt-out program for
4residential and small commercial retail customers. Any county
5board that seeks to submit such a referendum to its residents
6shall do so only in unincorporated areas of the county where no
7natural gas aggregation ordinance has been adopted.
8 In addition to the notice and conduct requirements of the
9general election law, notice of the referendum shall state
10briefly the purpose of the referendum. The question of whether
11the corporate authorities, the township board, or the county
12board shall adopt an opt-out aggregation program for
13residential and small commercial retail customers shall be
14submitted to the electors of the municipality, township board,
15or county board at a regular election and approved by a
16majority of the electors voting on the question. The corporate
17authorities, township board, or county board must certify to
18the proper election authority, which must submit the question
19at an election in accordance with the Election Code.
20 The election authority must submit the question in
21substantially the following form:
22 Shall the (municipality, township, or county in which
23 the question is being voted upon) have the authority to
24 arrange for the supply of natural gas for its residential
25 and small commercial retail customers who have not opted
26 out of such program?

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1 The election authority must record the votes as "Yes" or
2"No".
3 If a majority of the electors voting on the question vote
4in the affirmative, then the corporate authorities, township
5board, or county board may implement an opt-out aggregation
6program for residential and small commercial retail customers.
7 A referendum must pass in each particular municipality,
8township, or county that is engaged in the aggregation program.
9If the referendum fails, then the corporate authorities,
10township board, or county board shall operate the aggregation
11program as an opt-in program for residential and small
12commercial retail customers.
13 No aggregation shall take effect unless approved by a
14majority of the members of the corporate authority, township
15board, or county board voting upon the ordinance.
16 A governmental aggregator under this Section is not a
17public utility or an alternative gas supplier.
18 For purposes of this Section, "township" means the portion
19of a township that is an unincorporated portion of a county
20that is not otherwise a part of a municipality. In addition to
21such other limitations as are included in this Section, a
22township board shall only have authority to aggregate
23residential and small commercial customer loads in accordance
24with this Section if the county board of the county in which
25the township is located (i) is not also submitting a referendum
26to its residents at the same general election that the township

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1board proposes to submit a referendum under this subsection
2(a), (ii) has not received authorization through passage of a
3referendum to operate an opt-out aggregation program for
4residential and small commercial retail customers under this
5subsection (a), and (iii) has not otherwise enacted an
6ordinance under this subsection (a) authorizing the operation
7of an opt-in aggregation program for residential and small
8commercial retail customers as described in this Section.
9 (d) Upon the applicable requisite authority under this
10Section, the corporate authorities, the township board, or the
11county board, with assistance from the Illinois Power Agency,
12shall develop a plan of operation and governance for the
13aggregation program so authorized. Before adopting a plan under
14this Section, the corporate authorities, township board, or
15county board shall hold at least 2 public hearings on the plan.
16Before the first hearing, the corporate authorities, township
17board, or county board shall publish notice of the hearings
18once a week for 2 consecutive weeks in a newspaper of general
19circulation in the jurisdiction. The notice shall summarize the
20plan and state the date, time, and location of each hearing.
21Any load aggregation plan established pursuant to this Section
22shall:
23 (1) provide for universal access to all applicable
24 residential customers and equitable treatment of
25 applicable residential customers;
26 (2) describe demand management and energy efficiency

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1 services to be provided to each class of customers; and
2 (3) meet any requirements established by law
3 concerning aggregated service offered pursuant to this
4 Section.
5 (e) The process for soliciting bids for natural gas and
6other related services and awarding proposed agreements for the
7purchase of natural gas and other related services shall be
8conducted in the following order:
9 (1) The corporate authorities, township board, or
10 county board may solicit bids for natural gas and other
11 related services. The bid specifications may include a
12 provision requiring the bidder to disclose the fuel type of
13 natural gas to be procured on behalf of the aggregation
14 program customers. The corporate authorities, township
15 board, or county board may consider the proposed source of
16 natural gas to be procured or generated to be put into the
17 gas system on behalf of aggregation program customers in
18 the competitive bidding process. The Commission may issue
19 guidance on voluntary uniform standards for bidder
20 disclosures of the source of natural gas to be procured or
21 generated to be put into the gas system on behalf of
22 aggregation program customers.
23 (2) A township board shall request from the natural gas
24 utility those residential and small commercial customers
25 within their aggregate area either by zip code or zip codes
26 or other means as determined by the natural gas utility.

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1 The natural gas utility shall then provide to the township
2 board the residential and small commercial customers,
3 including the names and addresses of residential and small
4 commercial customers, electronically. The township board
5 shall be responsible for authenticating the residential
6 and small commercial customers contained in this listing
7 and providing edits of the data to affirm, add, or delete
8 the residential and small commercial customers located
9 within its jurisdiction. The township board shall provide
10 the edited list to the natural gas utility in an electronic
11 format or other means selected by the natural gas utility
12 and certify that the information is accurate.
13 (3) Notwithstanding Section 16-122, a natural gas
14 utility that provides residential and small commercial
15 retail natural gas service in the aggregate area must, upon
16 request of the corporate authorities, township board, or
17 the county board in the aggregate area, submit to the
18 requesting party, in an electronic format, those account
19 numbers, names, and addresses of residential and small
20 commercial retail customers in the aggregate area that are
21 reflected in the natural gas utility's records at the time
22 of the request, provided that a township board has first
23 provided an accurate customer list to the natural gas
24 utility as provided in this Section.
25 Any corporate authority, township board, or county
26 board receiving customer information from a natural gas

HB5101- 18 -LRB100 18968 SMS 34218 b
1 utility shall be subject to the limitations on the
2 disclosure of the information described in Section 16-122
3 and Section 2HH of the Consumer Fraud and Deceptive
4 Business Practices Act, and a natural gas utility shall not
5 be held liable for any claims arising out of the provision
6 of information pursuant to this paragraph (3).
7 (f) If the corporate authorities, township board, or county
8board operate under an opt-in program for residential and small
9commercial retail customers, then the corporate authorities,
10township board, or county board shall comply with all of the
11following:
12 (1) Within 60 days after receiving the bids, the
13 corporate authorities, township board, or county board
14 shall allow residential and small commercial retail
15 customers to commit to the terms and conditions of a bid
16 that has been selected by the corporate authorities,
17 township board, or county board.
18 (2) If (A) the corporate authorities, township board,
19 or county board award proposed agreements for the purchase
20 of natural gas and other related services and (B) an
21 agreement is reached between the corporate authorities,
22 township board, or county board for those services, then
23 customers committed to the terms and conditions according
24 to paragraph (1) of this subsection (f) shall be committed
25 to the agreement.
26 (g) If the corporate authorities, township board, or county

HB5101- 19 -LRB100 18968 SMS 34218 b
1board operate as an opt-out program for residential and small
2commercial retail customers, then it shall be the duty of the
3aggregated entity to fully inform residential and small
4commercial retail customers in advance that they have the right
5to opt out of the aggregation program. The disclosure shall
6prominently state all charges to be made and shall include full
7disclosure of the cost to obtain service pursuant to Section
816-103, how to access it, and the fact that it is available to
9them without penalty, if they are currently receiving service
10under that Section.
11 (h) Any person or entity retained by a municipality or
12county, or jointly by more than one such unit of local
13government, to provide input, guidance, or advice in the
14selection of a natural gas supplier for an aggregation program
15shall disclose in writing to the involved units of local
16government the nature of any relationship through which the
17person or entity may receive, either directly or indirectly,
18commissions or other remuneration as a result of the selection
19of any particular natural gas supplier. The written disclosure
20must be made prior to formal approval by the involved units of
21local government of any professional services agreement with
22the person or entity, or no later than October 1, 2019 with
23respect to any such professional services agreement entered
24into prior to the effective date of this amendatory Act of the
25100th General Assembly. The disclosure shall cover all direct
26and indirect relationships through which commissions or

HB5101- 20 -LRB100 18968 SMS 34218 b
1remuneration may result, including the pooling of commissions
2or remuneration among multiple persons or entities, and shall
3identify all involved natural gas suppliers. The disclosure
4requirements in this subsection (h) are to be liberally
5construed to ensure that the nature of financial interests are
6fully revealed, and these disclosure requirements shall apply
7regardless of whether the involved person or entity is licensed
8under Section 16-115C. Any person or entity that fails to make
9the disclosure required under this subsection (h) is liable to
10the involved units of local government in an amount equal to
11all compensation paid to such person or entity by the units of
12local government for the input, guidance, or advice in the
13selection of a natural gas supplier, plus reasonable attorneys
14fees and court costs incurred by the units of local government
15in connection with obtaining such amount.
16 (i) This Section does not prohibit municipalities or
17counties from entering into an intergovernmental agreement to
18aggregate residential and small commercial retail natural gas
19loads.
20 (220 ILCS 5/19-135)
21 Sec. 19-135. Single billing. It is the intent of the
22General Assembly that in any service area where customers are
23able to choose their natural gas supplier, a single billing
24option shall be offered to customers for both the services
25provided by the alternative gas supplier and the delivery

HB5101- 21 -LRB100 18968 SMS 34218 b
1services provided by the gas utility, provided that customers
2are enrolled with the alternative natural gas supplier through
3the municipal aggregation process described in Section 19-107.
4A gas utility shall file a tariff pursuant to Article IX of
5this Act that allows alternative gas suppliers to issue single
6bills to residential and small commercial customers, provided
7that customers are enrolled with the alternative natural gas
8supplier through the municipal aggregation process described
9in Section 19-107, for both the services provided by the
10alternative gas supplier and the delivery services provided by
11the gas utility to customers; provided that if a form of single
12billing is being offered in a gas utility's service area on the
13effective date of this amendatory Act of the 92nd General
14Assembly, that form of single billing shall remain in effect
15unless and until otherwise ordered by the Commission.
16(Source: P.A. 92-852, eff. 8-26-02.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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