Bill Text: IL SB1605 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Removes provisions requiring payment of reasonable fees for a customer, alternative retail electric supplier, or unit of local government to access specified information from an electric utility. Requires each electric utility serving at least 100,000 customers that procures power and energy in accordance with a specified provision under the Act to file a tariff with the Illinois Commerce Commission that modifies its current tariff to require all retail customer advanced metering infrastructure meter usage data used for electric power and energy supply service. Provides that the tariff shall: (i) provide for the utility to reconcile load serving entity wholesale settlement statements with any necessary regional transmission organization or independent system operator using actual customer meter data; and (ii) require that such customer's validated interval meter usage data be provided the next calendar day for all retail customers enrolled with an alternative retail electric supplier according to the electric utility's records that have contractually authorized release of such data. Provides that an alternative retail electric supplier, and its affiliates and contracted third parties, shall use such interval meter usage data for the development, marketing, and provision of providing current and future products or services related to retail electric supply service. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that an alternative retail electric supplier shall not warrant or otherwise represent to an electric utility that the alternative retail electric supplier is authorized to access the interval data of a current or prospective residential or small commercial retail customer, unless the alternative retail electric supplier has obtained authorization. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [SB1605 Detail]

Download: Illinois-2021-SB1605-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1605 Introduced 2/26/2021, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
220 ILCS 5/16-122
815 ILCS 505/2EE
Amends the Public Utilities Act. Removes provisions requiring payment of reasonable fees for a customer, alternative retail electric supplier, or unit of local government to access specified information from an electric utility. Requires that each electric utility serving at least 100,000 customers that procures power to file a tariff with the Commission that modifies its current tariff to require all retail customer advanced metering infrastructure meter usage data used for electric power and energy supply service. Provides that the tariff shall provide for the utility to reconcile load serving entity wholesale settlement statements with any necessary regional transmission organization or independent system operator using actual customer meter data and also provide that such customer's validated interval meter usage data be provided the next calendar day for all retail customers enrolled with an alternative retail electric supplier according to the electric utility's records that have contractually authorized release of such data. Provides that an alternative retail electric supplier and its affiliates and contracted third parties shall use such interval meter usage data for the development, marketing, and provision of providing current and future products or services related to retail electric supply service. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that an alternative retail electric supplier shall not warrant or otherwise represent to an electric utility that the alternative retail electric supplier is authorized to access the interval data of a current or prospective residential or small commercial retail customer unless the alternative retail electric supplier has obtained authorization. Effective immediately.
LRB102 14743 SPS 20096 b
A BILL FOR
SB1605 LRB102 14743 SPS 20096 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Findings.
(a) The General Assembly finds that retail electricity
supply products and services that vary by the time of day when
electricity is consumed benefits all energy customers by
providing greater opportunities for decreasing peak demand,
reducing the strain on utility distribution assets, promoting
energy efficiency, providing timely energy information alerts
(one day lag), and supporting clean energy resources thereby
thus promoting the health, safety, and welfare of all citizens
of the State of Illinois.
(b) The General Assembly finds that significant barriers
to adoption of retail electricity time-variant supply products
and services, such as time of use pricing, time relevant
informational alerts, and demand response products, by
alternative retail electric suppliers serving residential and
small commercial customers exist under present law and that
the Illinois Commerce Commission has held that access to
customer interval meter usage data to accurately price
products and provide services based upon customer specific and
unique electricity usage patterns is most appropriately
resolved by the General Assembly.

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(c) The General Assembly finds that such advance metering
infrastructure interval meter usage data can be utilized by
alternative retail electric suppliers to develop product and
service offerings to consumers that will provide consumers
bill and usage alerts and a broader selection of specifically
tailored renewable energy, energy efficiency, and vehicle
electrification products that will further enhance the State's
goals of moving toward a green economy.
(d) The General Assembly further finds that to enhance
customer benefits of advanced metering infrastructure meter
usage data and to facilitate alternative retail electric
suppliers' ability to offer such products enabled by advanced
metering infrastructure meters for the provision of
competitive retail electric supply services certain
modifications to existing utility tariffs relating to access
to customer usage data are necessary in order for customers to
have more frequent access to their monthly billing and daily
real-time usage information to fully use the investments
therein and to enable customers to more easily and effectively
manage their energy consumption.
Section 5. The Public Utilities Act is amended by changing
Section 16-122 as follows:
(220 ILCS 5/16-122)
Sec. 16-122. Customer information.

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(a) Upon the request of a retail customer, or a person who
presents verifiable authorization and is acting as the
customer's agent, and payment of a reasonable fee, electric
utilities shall provide to the customer or its authorized
agent the customer's billing and usage data.
(b) Upon request from any alternative retail electric
supplier and payment of a reasonable fee, an electric utility
serving retail customers in its service area shall make
available generic information concerning the usage, load shape
curve or other general characteristics of customers by rate
classification. Provided however, no customer specific
billing, usage or load shape data shall be provided under this
subsection unless authorization to provide such information is
provided by the customer pursuant to subsection (a) of this
Section or as otherwise authorized by this subsection (b).
Not later than 90 days after the effective date of this
amendatory Act of the 102nd General Assembly, each electric
utility serving at least 100,000 customers that procures power
and energy pursuant to Section 16-111.5 of this Act shall file
a tariff with the Commission that modifies its current tariff
to require all retail customer advanced metering
infrastructure meter usage data used for electric power and
energy supply service, including billing, settlement, and
capacity requirements by a regional transmission organization
or independent system operator with said meter usage data in
intervals as recorded by the advanced metering be provided as

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the standard meter data to an alternative retail electric
supplier upon express authorization by the customer of record.
The tariff shall provide for the utility to reconcile load
serving entity wholesale settlement statements with any
necessary regional transmission organization or independent
system operator using actual customer meter data. The tariff
shall also provide that such customer's validated interval
meter usage data of not less than 15-minute basis intervals be
provided the next calendar day for all retail customers
enrolled with an alternative retail electric supplier
according to the electric utility's records that have
contractually authorized release of such data. Any contractual
term or contract authorizing such release must include
instructions on how to contact the alternative retail electric
supplier and electric utility to opt out of release of the data
at any time. An alternative retail electric supplier and its
affiliates and contracted third parties shall use such
interval meter usage data for the development, marketing, and
provision of providing current and future products or services
related to retail electric supply service, including, but not
limited to, onsite or community generation, energy efficiency
or management, time of use pricing, demand response, vehicle
electrification, or any other electricity-related products or
services. An alternative retail electric supplier and its
affiliates and contracted third parties shall be prohibited
from selling, licensing, or disclosing such information to a

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third party for any other purpose.
Such electric utility shall file a tariff in accordance
with this subsection to provide an alternative retail electric
supplier with 24 consecutive months of historical AMI interval
data and 24 months of interval meter usage data for each of the
following 24 monthly billing periods effective with the month
the utility receives such request and upon authorization from
the alternative retail electric supplier on behalf of its
prospective customer that is not a customer of record. Such
tariff shall also allow an alternative retail electric
supplier, their affiliates, and contracted third parties,
access to 12 months of historical interval meter usage data
for new customers and daily access, in the normal course of
business, to all existing retail customers of that alternative
retail electric supplier, in bulk, using a web portal or
comparable interface provided by the electric utility. An
alternative retail electric supplier and its affiliates and
contracted third parties shall use such data for the
development, marketing, and provision of current and future
products or services related to retail electric supply
service, including, but not limited to, onsite or community
generation, energy efficiency or management, time of use
pricing, demand response, vehicle electrification, or any
other electricity-related products or services. An alternative
retail electric supplier and its affiliates and contracted
third parties shall be prohibited from selling, licensing, or

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disclosing such information to a third party for any other
purpose.
Use of such interval meter usage data by an alternative
retail electric supplier contrary to the purposes and
provisions of this subsection shall constitute a violation of
Section 16-115A of this Act.
(c) Upon request from a unit of local government and
payment of a reasonable fee, an electric utility shall make
available information concerning the usage, load shape curves,
and other characteristics of customers by customer
classification and location within the boundaries of the unit
of local government, however, no customer specific billing,
usage, or load shape data shall be provided under this
subsection unless authorization to provide that information is
provided by the customer.
(d) All such customer information shall be made available
in a timely fashion in an electronic format, if available.
(Source: P.A. 92-585, eff. 6-26-02.)
Section 10. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2EE as follows:
(815 ILCS 505/2EE)
Sec. 2EE. Alternative retail electric supplier selection.
(a) An alternative retail electric supplier shall not
submit or execute a change in a consumer's selection of a

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provider of electric service unless and until:
(i) the alternative retail electric supplier first
discloses all material terms and conditions of the offer
to the consumer;
(ii) if the consumer is a small commercial retail
customer as that term is defined in subsection (c) of this
Section or a residential consumer, the alternative retail
electric supplier discloses the utility electric supply
price to compare, which shall be the sum of the electric
supply charge and the transmission services charge, and
shall not include the purchased electricity adjustment,
applicable at the time the offer is made to the consumer;
(iii) if the consumer is a small commercial retail
customer as that term is defined in subsection (c) of this
Section or a residential consumer, the alternative retail
electric provider discloses the following statement:
"(Name of the alternative retail electric
supplier) is not the same entity as your electric
delivery company. You are not required to enroll with
(name of alternative retail electric supplier). As of
(effective date), the electric supply price to compare
is currently (price in cents per kilowatt hour). The
electric utility electric supply price will expire on
(expiration date). The utility electric supply price
to compare does not include the purchased electricity
adjustment factor. For more information go to the

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Illinois Commerce Commission's free website at
www.pluginillinois.org.".
If applicable, the statement shall include the
following statement:
"The purchased electricity adjustment factor may
range between +.5 cents and -.5 cents per kilowatt
hour.";
(iv) the alternative retail electric supplier has
obtained the consumer's express agreement to accept the
offer after the disclosure of all material terms and
conditions of the offer; and
(v) the alternative retail electric supplier has
confirmed the request for a change in accordance with one
of the following procedures:
(A) The new alternative retail electric supplier
has obtained the consumer's written or electronically
signed authorization in a form that meets the
following requirements:
(1) An alternative retail electric supplier
shall obtain any necessary written or
electronically signed authorization from a
consumer for a change in electric service by using
a letter of agency as specified in this Section.
Any letter of agency that does not conform with
this Section is invalid.
(2) The letter of agency shall be a separate

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document (an easily separable document containing
only the authorization language described in
subparagraph (5)) whose sole purpose is to
authorize an electric service provider change. The
letter of agency must be signed and dated by the
consumer requesting the electric service provider
change.
(3) The letter of agency shall not be combined
with inducements of any kind on the same document.
(4) Notwithstanding subparagraphs (1) and (2),
the letter of agency may be combined with checks
that contain only the required letter of agency
language prescribed in subparagraph (5) and the
necessary information to make the check a
negotiable instrument. The letter of agency check
shall not contain any promotional language or
material. The letter of agency check shall contain
in easily readable, bold-face type on the face of
the check, a notice that the consumer is
authorizing an electric service provider change by
signing the check. The letter of agency language
also shall be placed near the signature line on
the back of the check.
(5) At a minimum, the letter of agency must be
printed with a print of sufficient size to be
clearly legible, and must contain clear and

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unambiguous language that confirms:
(i) The consumer's billing name and
address;
(ii) The decision to change the electric
service provider from the current provider to
the prospective provider;
(iii) The terms, conditions, and nature of
the service to be provided to the consumer
must be clearly and conspicuously disclosed,
in writing, and an alternative retail electric
supplier must directly establish the rates for
the service contracted for by the consumer;
and
(iv) That the consumer understand that any
alternative retail electric supplier selection
the consumer chooses may involve a charge to
the consumer for changing the consumer's
electric service provider.
(6) Letters of agency shall not suggest or
require that a consumer take some action in order
to retain the consumer's current electric service
provider.
(7) If any portion of a letter of agency is
translated into another language, then all
portions of the letter of agency must be
translated into that language.

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(B) An appropriately qualified independent third
party has obtained, in accordance with the procedures
set forth in this subsection (b), the consumer's oral
authorization to change electric suppliers that
confirms and includes appropriate verification data.
The independent third party (i) must not be owned,
managed, controlled, or directed by the supplier or
the supplier's marketing agent; (ii) must not have any
financial incentive to confirm supplier change
requests for the supplier or the supplier's marketing
agent; and (iii) must operate in a location physically
separate from the supplier or the supplier's marketing
agent.
Automated third-party verification systems and
3-way conference calls may be used for verification
purposes so long as the other requirements of this
subsection (b) are satisfied.
A supplier or supplier's sales representative
initiating a 3-way conference call or a call through
an automated verification system must drop off the
call once the 3-way connection has been established.
All third-party verification methods shall elicit,
at a minimum, the following information: (i) the
identity of the consumer; (ii) confirmation that the
person on the call is the account holder, has been
specifically and explicitly authorized by the account

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holder, or possesses lawful authority to make the
supplier change; (iii) confirmation that the person on
the call wants to make the supplier change; (iv) the
names of the suppliers affected by the change; (v) the
service address of the supply to be switched; and (vi)
the price of the service to be supplied and the
material terms and conditions of the service being
offered, including whether any early termination fees
apply. Third-party verifiers may not market the
supplier's services by providing additional
information, including information regarding
procedures to block or otherwise freeze an account
against further changes.
All third-party verifications shall be conducted
in the same language that was used in the underlying
sales transaction and shall be recorded in their
entirety. Submitting suppliers shall maintain and
preserve audio records of verification of subscriber
authorization for a minimum period of 2 years after
obtaining the verification. Automated systems must
provide consumers with an option to speak with a live
person at any time during the call. Each disclosure
made during the third-party verification must be made
individually to obtain clear acknowledgment of each
disclosure. The alternative retail electric supplier
must be in a location where he or she cannot hear the

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customer while the third-party verification is
conducted. The alternative retail electric supplier
shall not contact the customer after the third-party
verification for a period of 24 hours unless the
customer initiates the contact.
(C) When a consumer initiates the call to the
prospective alternative retail electric supplier, in
order to enroll the consumer as a customer, the
prospective alternative retail electric supplier must,
with the consent of the customer, make a date-stamped,
time-stamped audio recording that elicits, at a
minimum, the following information:
(1) the identity of the customer;
(2) confirmation that the person on the call
is authorized to make the supplier change;
(3) confirmation that the person on the call
wants to make the supplier change;
(4) the names of the suppliers affected by the
change;
(5) the service address of the supply to be
switched; and
(6) the price of the service to be supplied
and the material terms and conditions of the
service being offered, including whether any early
termination fees apply.
Submitting suppliers shall maintain and preserve

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the audio records containing the information set forth
above for a minimum period of 2 years.
(b)(1) An alternative retail electric supplier shall not
utilize the name of a public utility in any manner that is
deceptive or misleading, including, but not limited to
implying or otherwise leading a consumer to believe that an
alternative retail electric supplier is soliciting on behalf
of or is an agent of a utility. An alternative retail electric
supplier shall not utilize the name, or any other identifying
insignia, graphics, or wording that has been used at any time
to represent a public utility company or its services, to
identify, label, or define any of its electric power and
energy service offers. An alternative retail electric supplier
may state the name of a public electric utility in order to
accurately describe the electric utility service territories
in which the supplier is currently offering an electric power
and energy service. An alternative retail electric supplier
that is the affiliate of an Illinois public utility and that
was doing business in Illinois providing alternative retail
electric service on January 1, 2016 may continue to use that
public utility's name, logo, identifying insignia, graphics,
or wording in its business operations occurring outside the
service territory of the public utility with which it is
affiliated.
(2) An alternative retail electric supplier shall not
state or otherwise imply that the alternative retail electric

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supplier is employed by, representing, endorsed by, or acting
on behalf of a utility or utility program, a consumer group or
consumer group program, or a governmental body, unless the
alternative retail electric supplier has entered into a
contractual arrangement with the governmental body and has
been authorized by the governmental body to make the
statements.
(3) An alternative retail electric supplier shall not
warrant or otherwise represent to an electric utility that the
alternative retail electric supplier is authorized to access
the interval data of a current or prospective residential or
small commercial retail customer unless the alternative retail
electric supplier has obtained authorization pursuant to
Section 16-122 of the Public Utilities Act or as otherwise
authorized by the Commission.
(c) An alternative retail electric supplier shall not
submit or execute a change in a consumer's selection of a
provider of electric service unless the alternative retail
electric supplier complies with the following requirements of
this subsection (c). It is a violation of this Section for an
alternative retail electric supplier to fail to comply with
this subsection (c). The requirements of this subsection (c)
shall only apply to residential and small commercial retail
customers. For purposes of this subsection (c) only, "small
commercial retail customer" has the meaning given to that term
in Section 16-102 of the Public Utilities Act.

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(1) During a solicitation an alternative retail
electric supplier shall state that he or represents an
independent seller of electric power and energy service
certified by the Illinois Commerce Commission and that he
or she is not employed by, representing, endorsed by, or
acting on behalf of, a utility, or a utility program, a
consumer group or consumer group program, or a
governmental body, unless the alternative retail electric
supplier has entered into a contractual arrangement with
the governmental body and has been authorized with the
governmental body to make the statements.
(2) Alternative retail electric suppliers who engage
in in-person solicitation for the purpose of selling
electric power and energy service offered by the
alternative retail electric supplier shall display
identification on an outer garment. This identification
shall be visible at all times and prominently display the
following: (i) the alternative retail electric supplier
agent's full name in reasonable size font; (ii) an agent
identification number; (iii) a photograph of the
alternative retail electric supplier agent; and (iv) the
trade name and logo of the alternative retail electric
supplier the agent is representing. If the agent is
selling electric power and energy services from multiple
alternative retail electric suppliers to the consumer, the
identification shall display the trade name and logo of

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the agent, broker, or consultant entity as that entity is
defined in Section 16-115C of the Public Utilities Act. An
alternative retail electric supplier shall leave the
premises at the consumer's, owner's, or occupant's
request. A copy of the Uniform Disclosure Statement
described in 83 Ill. Adm. Code 412.115 and 412.Appendix A
is to be left with the consumer, at the conclusion of the
visit unless the consumer refuses to accept a copy. An
alternative retail electric supplier may provide the
Uniform Disclosure Statement electronically instead of in
paper form to a consumer upon that customer's request. The
alternative retail electric supplier shall also offer to
the consumer, at the time of the initiation of the
solicitation, a business card or other material that lists
the agent's name, identification number and title, and the
alternative retail electric supplier's name and contact
information, including phone number. The alternative
retail electric supplier shall not conduct any in-person
solicitations of consumers at any building or premises
where any sign, notice, or declaration of any description
whatsoever is posted that prohibits sales, marketing, or
solicitations. The alternative retail electric supplier
shall obtain consent to enter multi-unit residential
dwellings. Consent obtained to enter a multi-unit dwelling
from one prospective customer or occupant of the dwelling
shall not constitute consent to market to any other

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prospective consumers without separate consent.
(3) An alternative retail electric supplier who
contacts consumers by telephone for the purpose of selling
electric power and energy service shall provide the
agent's name and identification number. Any telemarketing
solicitations that lead to a telephone enrollment of a
consumer must be recorded and retained for a minimum of 2
years. All telemarketing calls of consumers that do not
lead to a telephone enrollment, but last at least 2
minutes, shall be recorded and retained for a minimum of 6
months.
(4) During an inbound enrollment call, an alternative
retail electric supplier shall state that he or she
represents an independent seller of electric power and
energy service certified by the Illinois Commerce
Commission. All inbound enrollment calls that lead to an
enrollment shall be recorded, and the recordings shall be
retained for a minimum of 2 years. An inbound enrollment
call that does not lead to an enrollment, but lasts at
least 2 minutes, shall be retained for a minimum of 6
months. The alternative retail electric supplier shall
send the Uniform Disclosure Statement and contract to the
customer within 3 business days after the electric
utility's confirmation to the alternative retail electric
supplier of an accepted enrollment.
(5) If a direct mail solicitation to a consumer

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includes a written letter of agency, it shall include the
Uniform Disclosure Statement described in 83 Ill. Adm.
Code 412.115 and 412.Appendix A. The Uniform Disclosure
Statement shall be provided on a separate page from the
other marketing materials included in the direct mail
solicitation. If a written letter of agency is being used
to authorize a consumer's enrollment, the written letter
of agency shall comply with this Section. A copy of the
contract must be sent to consumer within 3 business days
after the electric utility's confirmation to the
alternative retail electric supplier of an accepted
enrollment.
(6) Online Solicitation.
(A) Each alternative retail electric supplier
offering electric power and energy service to
consumers online shall clearly and conspicuously make
all disclosures for any services offered through
online enrollment before requiring the consumer to
enter any personal information other than zip code,
electric utility service territory, or type of service
sought.
(B) Notwithstanding any requirements in this
Section to the contrary, an alternative retail
electric supplier may secure consent from the consumer
to obtain customer-specific billing and usage
information for the sole purpose of determining and

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pricing a product through a letter of agency or method
approved through an Illinois Commerce Commission
docket before making all disclosure for services
offered through online enrollment. It is a violation
of this Act for an alternative retail electric
supplier to use a consumer's utility account number to
execute or change a consumer's enrollment unless the
consumer expressly consents to that enrollment as
required by law.
(C) The enrollment website of the alternative
retail electric supplier shall, at a minimum, include:
(i) disclosure of all material terms and conditions of
the offer; (ii) a statement that electronic acceptance
of the terms and conditions is an agreement to
initiate service and begin enrollment; (iii) a
statement that the consumer shall review the contract
or contact the current supplier to learn if any early
termination fees are applicable; and (iv) an email
address and toll-free phone number of the alternative
retail electric supplier where the customer can
express a decision to rescind the contract.
(7)(A) Beginning January 1, 2020, an alternative
retail electric supplier shall not sell or offer to sell
any products or services to a consumer pursuant to a
contract in which the contract automatically renews,
unless an alternative retail electric supplier provides to

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the consumer at the outset of the offer, in addition to
other disclosures required by law, a separate written
statement titled "Automatic Contract Renewal" that clearly
and conspicuously discloses in bold lettering in at least
12-point font the terms and conditions of the automatic
contract renewal provision, including: (i) the estimated
bill cycle on which the initial contract term expires and
a statement that it could be later based on when the
utility accepts the initial enrollment; (ii) the estimated
bill cycle on which the new contract term begins and a
statement that it will immediately follow the last billing
cycle of the current term; (iii) the procedure to
terminate the contract before the new contract term
applies; and (iv) the cancellation procedure. If the
alternative retail electric supplier sells or offers to
sell the products or services to a consumer during an
in-person solicitation or telemarketing solicitation, the
disclosures described in this subparagraph (A) shall also
be made to the consumer verbally during the solicitation.
Nothing in this subparagraph (A) shall be construed to
apply to contracts entered into before January 1, 2020.
(B) At least 30 days before, but not more than 60
days prior, to the end of the initial contract term, in
any and all contracts that automatically renew after
the initial term, the alternative retail electric
supplier shall send, in addition to other disclosures

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required by law, a separate written notice of the
contract renewal to the consumer that clearly and
conspicuously discloses the following:
(i) a statement printed or visible from the
outside of the envelope or in the subject line of
the email, if the customer has agreed to receive
official documents by email, that states "Contract
Renewal Notice";
(ii) a statement in bold lettering, in at
least 12-point font, that the contract will
automatically renew unless the customer cancels
it;
(iii) the billing cycle in which service under
the current term will expire;
(iv) the billing cycle in which service under
the new term will begin;
(v) the process and options available to the
consumer to reject the new contract terms;
(vi) the cancellation process if the
consumer's contract automatically renews before
the consumer rejects the new contract terms;
(vii) the terms and conditions of the new
contract term;
(viii) for a fixed rate contract, a
side-by-side comparison of the current price and
the new price; for a variable rate contract or

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time-of-use product in which the first month's
renewal price can be determined, a side-by-side
comparison of the current price and the price for
the first month of the new variable or time-of-use
price; or for a variable or time-of-use contract
based on a publicly available index, a
side-by-side comparison of the current formula and
the new formula; and
(ix) the phone number and email address to
submit a consumer inquiry or complaint to the
Illinois Commerce Commission and the Office of the
Attorney General.
(C) An alternative retail electric supplier shall
not automatically renew a consumer's enrollment after
the current term of the contract expires when the
current term of the contract provides that the
consumer will be charged a fixed rate and the renewed
contract provides that the consumer will be charged a
variable rate, unless: (i) the alternative retail
electric supplier complies with subparagraphs (A) and
(B); and (ii) the customer expressly consents to the
contract renewal in writing or by electronic signature
at least 30 days, but no more than 60 days, before the
contract expires.
(D) This paragraph (7) does not apply to customers
enrolled in a municipal aggregation program pursuant

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to Section 1-92 of the Illinois Power Agency Act.
(8) All in-person and telephone solicitations shall be
conducted in, translated into, and provided in a language
in which the consumer subject to the marketing or
solicitation is able to understand and communicate. An
alternative retail electric supplier shall terminate a
solicitation if the consumer subject to the marketing or
communication is unable to understand and communicate in
the language in which the marketing or solicitation is
being conducted. An alternative retail electric supplier
shall comply with Section 2N of this Act.
(9) Beginning January 1, 2020, consumers shall have
the right to terminate their contract with the alternative
retail electric supplier at any time without any
termination fees or penalties.
(10) An alternative retail electric supplier shall not
submit a change to a customer's electric service provider
in violation of Section 16-115E of the Public Utilities
Act.
(c) Complaints may be filed with the Illinois Commerce
Commission under this Section by a consumer whose electric
service has been provided by an alternative retail electric
supplier in a manner not in compliance with this Section or by
the Illinois Commerce Commission on its own motion when it
appears to the Commission that an alternative retail electric
supplier has provided service in a manner not in compliance

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with this Section. If, after notice and hearing, the
Commission finds that an alternative retail electric supplier
has violated this Section, the Commission may in its
discretion do any one or more of the following:
(1) Require the violating alternative retail electric
supplier to refund to the consumer charges collected in
excess of those that would have been charged by the
consumer's authorized electric service provider.
(2) Require the violating alternative retail electric
supplier to pay to the consumer's authorized electric
service provider the amount the authorized electric
service provider would have collected for the electric
service. The Commission is authorized to reduce this
payment by any amount already paid by the violating
alternative retail electric supplier to the consumer's
authorized provider for electric service.
(3) Require the violating alternative retail electric
supplier to pay a fine of up to $1,000 into the Public
Utility Fund for each repeated and intentional violation
of this Section.
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating alternative retail electric supplier's
certificate of service authority.
(d) For purposes of this Section:

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"Electric service provider" shall have the meaning given
that phrase in Section 6.5 of the Attorney General Act.
"Alternative retail electric supplier" has the meaning
given to that term in Section 16-102 of the Public Utilities
Act.
(Source: P.A. 101-590, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.