Bill Text: IL HB3116 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Public Utilities Act. Provides that an alternative retail electric supplier by May 31, 2020 and every June 30 (rather than May 31) thereafter, shall submit to the Illinois Commerce Commission and the Office of the Attorney General the rates the retail electric supplier charged to residential customers in the prior year. Provides that alternative gas suppliers serving or seeking to serve residential or small commercial customers shall, by January 1, 2020 and every September 30 (rather than January 1) thereafter, submit to the Commission and the Office of the Attorney General the rates the alternative gas supplier charged to residential customers in the prior year. Provides that on or before October 31 (rather than October 1), the Director of the Commission's Office of Retail Market Development shall submit an annual report regarding the development of competitive retail natural gas markets in Illinois to the Commission, the General Assembly, and the Governor. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0459 [HB3116 Detail]

Download: Illinois-2021-HB3116-Enrolled.html

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HB3116 Enrolled LRB102 04391 SPS 14409 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Sections 16-115A, 19-115, and 19-130 as follows:
(220 ILCS 5/16-115A)
Sec. 16-115A. Obligations of alternative retail electric
suppliers.
(a) An alternative retail electric supplier:
(i) shall comply with the requirements imposed on
public utilities by Sections 8-201 through 8-207, 8-301,
8-505 and 8-507 of this Act, to the extent that these
Sections have application to the services being offered by
the alternative retail electric supplier;
(ii) shall continue to comply with the requirements
for certification stated in subsection (d) of Section
16-115;
(iii) by May 31, 2020 and every June 30 May 31
thereafter, shall submit to the Commission and the Office
of the Attorney General the rates the retail electric
supplier charged to residential customers in the prior
year, including each distinct rate charged and whether the
rate was a fixed or variable rate, the basis for the

HB3116 Enrolled - 2 - LRB102 04391 SPS 14409 b
variable rate, and any fees charged in addition to the
supply rate, including monthly fees, flat fees, or other
service charges; and
(iv) shall make publicly available on its website,
without the need for a customer login, rate information
for all of its variable, time-of-use, and fixed rate
contracts currently available to residential customers,
including, but not limited to, fixed monthly charges,
early termination fees, and kilowatt-hour charges.
(b) An alternative retail electric supplier shall obtain
verifiable authorization from a customer, in a form or manner
approved by the Commission consistent with Section 2EE of the
Consumer Fraud and Deceptive Business Practices Act, before
the customer is switched from another supplier.
(c) No alternative retail electric supplier, or electric
utility other than the electric utility in whose service area
a customer is located, shall (i) enter into or employ any
arrangements which have the effect of preventing a retail
customer with a maximum electrical demand of less than one
megawatt from having access to the services of the electric
utility in whose service area the customer is located or (ii)
charge retail customers for such access. This subsection shall
not be construed to prevent an arms-length agreement between a
supplier and a retail customer that sets a term of service,
notice period for terminating service and provisions governing
early termination through a tariff or contract as allowed by

HB3116 Enrolled - 3 - LRB102 04391 SPS 14409 b
Section 16-119.
(d) An alternative retail electric supplier that is
certified to serve residential or small commercial retail
customers shall not:
(1) deny service to a customer or group of customers
nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are
based upon race, gender or income, except as provided in
Section 16-115E.
(2) deny service to a customer or group of customers
based on locality nor establish any unreasonable
difference as to prices, terms, conditions, services,
products, or facilities as between localities.
(e) An alternative retail electric supplier shall comply
with the following requirements with respect to the marketing,
offering and provision of products or services to residential
and small commercial retail customers:
(i) All marketing materials, including, but not
limited to, electronic marketing materials, in-person
solicitations, and telephone solicitations, shall contain
information that adequately discloses the prices, terms,
and conditions of the products or services that the
alternative retail electric supplier is offering or
selling to the customer and shall disclose the current
utility electric supply price to compare applicable at the

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time the alternative retail electric supplier is offering
or selling the products or services to the customer and
shall disclose the date on which the utility electric
supply price to compare became effective and the date on
which it will expire. The utility electric supply price to
compare shall be the sum of the electric supply charge and
the transmission services charge and shall not include the
purchased electricity adjustment. The disclosure shall
include a statement that the price to compare does not
include the purchased electricity adjustment, and, if
applicable, the range of the purchased electricity
adjustment. All marketing materials, including, but not
limited to, electronic marketing materials, in-person
solicitations, and telephone solicitations, shall include
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).
Beginning on (effective date), the electric supply
price to compare is (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 Illinois Commerce Commission's free website at

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www.pluginillinois.org.".
If applicable, the statement shall also include the
following statement:
"The purchased electricity adjustment factor may
range between +.5 cents and -.5 cents per kilowatt
hour.".
This paragraph (i) does not apply to goodwill or
institutional advertising.
(ii) Before any customer is switched from another
supplier, the alternative retail electric supplier shall
give the customer written information that adequately
discloses, in plain language, the prices, terms and
conditions of the products and services being offered and
sold to the customer. This written information shall be
provided in a language in which the customer subject to
the marketing or solicitation is able to understand and
communicate, and the alternative retail electric supplier
shall not switch a customer who is unable to understand
and communicate in a language in which the marketing or
solicitation was conducted. The alternative retail
electric supplier shall comply with Section 2N of the
Consumer Fraud and Deceptive Business Practices Act.
(iii) An alternative retail electric supplier shall
provide documentation to the Commission and to customers
that substantiates any claims made by the alternative
retail electric supplier regarding the technologies and

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fuel types used to generate the electricity offered or
sold to customers.
(iv) The alternative retail electric supplier shall
provide to the customer (1) itemized billing statements
that describe the products and services provided to the
customer and their prices, and (2) an additional
statement, at least annually, that adequately discloses
the average monthly prices, and the terms and conditions,
of the products and services sold to the customer.
(v) 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 the Consumer Fraud and
Deceptive Business Practices Act.
(vi) Each alternative retail electric supplier shall
conduct training for individual representatives engaged in
in-person solicitation and telemarketing to residential
customers on behalf of that alternative retail electric
supplier prior to conducting any such solicitations on the
alternative retail electric supplier's behalf. Each

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alternative retail electric supplier shall submit a copy
of its training material to the Commission on an annual
basis and the Commission shall have the right to review
and require updates to the material. After initial
training, each alternative retail electric supplier shall
be required to conduct refresher training for its
individual representatives every 6 months.
(f) An alternative retail electric supplier may limit the
overall size or availability of a service offering by
specifying one or more of the following: a maximum number of
customers, maximum amount of electric load to be served, time
period during which the offering will be available, or other
comparable limitation, but not including the geographic
locations of customers within the area which the alternative
retail electric supplier is certificated to serve. The
alternative retail electric supplier shall file the terms and
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(g) Nothing in this Section shall be construed as
preventing an alternative retail electric supplier, which is
an affiliate of, or which contracts with, (i) an industry or
trade organization or association, (ii) a membership
organization or association that exists for a purpose other
than the purchase of electricity, or (iii) another
organization that meets criteria established in a rule adopted

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by the Commission, from offering through the organization or
association services at prices, terms and conditions that are
available solely to the members of the organization or
association.
(Source: P.A. 101-590, eff. 1-1-20.)
(220 ILCS 5/19-115)
Sec. 19-115. Obligations of alternative gas suppliers.
(a) The provisions of this Section shall apply only to
alternative gas suppliers serving or seeking to serve
residential or small commercial customers and only to the
extent such alternative gas suppliers provide services to
residential or small commercial customers.
(b) An alternative gas supplier:
(1) shall comply with the requirements imposed on
public utilities by Sections 8-201 through 8-207, 8-301,
8-505 and 8-507 of this Act, to the extent that these
Sections have application to the services being offered by
the alternative gas supplier;
(2) shall continue to comply with the requirements for
certification stated in Section 19-110;
(3) shall comply with complaint procedures established
by the Commission;
(4) except as provided in subsection (h) of this
Section, shall file with the Chief Clerk of the
Commission, within 20 business days after the effective

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date of this amendatory Act of the 95th General Assembly,
a copy of bill formats, standard customer contract and
customer complaint and resolution procedures, and the name
and telephone number of the company representative whom
Commission employees may contact to resolve customer
complaints and other matters. In the case of a gas
supplier that engages in door-to-door solicitation, the
company shall file with the Commission the consumer
information disclosure required by item (3) of subsection
(c) of Section 2DDD of the Consumer Fraud and Deceptive
Business Practices Act and shall file updated information
within 10 business days after changes in any of the
documents or information required to be filed by this item
(4);
(5) shall maintain a customer call center where
customers can reach a representative and receive current
information. At least once every 6 months, each
alternative gas supplier shall provide written information
to customers explaining how to contact the call center.
The average answer time for calls placed to the call
center shall not exceed 60 seconds where a representative
or automated system is ready to render assistance and/or
accept information to process calls. The abandon rate for
calls placed to the call center shall not exceed 10%. Each
alternative gas supplier shall maintain records of the
call center's telephone answer time performance and

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abandon call rate. These records shall be kept for a
minimum of 2 years and shall be made available to
Commission personnel upon request. In the event that
answer times and/or abandon rates exceed the limits
established above, the reporting alternative gas supplier
may provide the Commission or its personnel with
explanatory details. At a minimum, these records shall
contain the following information in monthly increments:
(A) total number of calls received;
(B) number of calls answered;
(C) average answer time;
(D) number of abandoned calls; and
(E) abandon call rate.
Alternative gas suppliers that do not have electronic
answering capability that meets these requirements shall
notify the Manager of the Commission's Consumer Services
Division or its successor within 30 days following the
effective date of this amendatory Act of the 95th General
Assembly and work with Staff to develop individualized
reporting requirements as to the call volume and
responsiveness of the call center.
On or before March 1 of every year, each entity shall
file a report with the Chief Clerk of the Commission for
the preceding calendar year on its answer time and abandon
call rate for its call center. A copy of the report shall
be sent to the Manager of the Consumer Services Division

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or its successor;
(6) by January 1, 2020 and every September 30 January
1 thereafter, shall submit to the Commission and the
Office of the Attorney General the rates the alternative
gas supplier charged to residential customers in the prior
year, including each distinct rate charged and whether the
rate was a fixed or variable rate, the basis for the
variable rate, and any fees charged in addition to the
supply rate, including monthly fees, flat fees, or other
service charges; and
(7) shall make publicly available on its website,
without the need for a customer login, rate information
for all of its variable, time-of-use, and fixed rate
contracts currently available to residential customers,
including but not limited to, fixed monthly charges, early
termination fees, and per therm charges.
(c) An alternative gas supplier shall not submit or
execute a change in a customer's selection of a natural gas
provider unless and until (i) the alternative gas supplier
first discloses all material terms and conditions of the
offer, including price, to the customer; (ii) the alternative
gas supplier has obtained the customer's express agreement to
accept the offer after the disclosure of all material terms
and conditions of the offer; and (iii) the alternative gas
supplier has confirmed the request for a change in accordance
with one of the following procedures:

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(1) The alternative gas supplier has obtained the
customer's written or electronically signed authorization
in a form that meets the following requirements:
(A) An alternative gas supplier shall obtain any
necessary written or electronically signed
authorization from a customer for a change in natural
gas 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.
(B) The letter of agency shall be a separate
document (or an easily separable document containing
only the authorization language described in item (E)
of this paragraph (1)) whose sole purpose is to
authorize a natural gas provider change. The letter of
agency must be signed and dated by the customer
requesting the natural gas provider change.
(C) The letter of agency shall not be combined
with inducements of any kind on the same document.
(D) Notwithstanding items (A) and (B) of this
paragraph (1), the letter of agency may be combined
with checks that contain only the required letter of
agency language prescribed in item (E) of this
paragraph (1) 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

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contain in easily readable, bold face type on the face
of the check a notice that the consumer is authorizing
a natural gas 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.
(E) 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 unambiguous
language that confirms:
(i) the customer's billing name and address;
(ii) the decision to change the natural gas
provider from the current provider to the
prospective alternative gas supplier;
(iii) the terms, conditions, and nature of the
service to be provided to the customer, including,
but not limited to, the rates for the service
contracted for by the customer; and
(iv) that the customer understands that any
natural gas provider selection the customer
chooses may involve a charge to the customer for
changing the customer's natural gas provider.
(F) Letters of agency shall not suggest or require
that a customer take some action in order to retain the
customer's current natural gas provider.
(G) If any portion of a letter of agency is
translated into another language, then all portions of

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the letter of agency must be translated into that
language.
(2) An appropriately qualified independent third party
has obtained, in accordance with the procedures set forth
in this paragraph (2), the customer's oral authorization
to change natural gas providers that confirms and includes
appropriate verification data. The independent third party
must (i) not be owned, managed, controlled, or directed by
the alternative gas supplier or the alternative gas
supplier's marketing agent; (ii) not have any financial
incentive to confirm provider change requests for the
alternative gas supplier or the alternative gas supplier's
marketing agent; and (iii) operate in a location
physically separate from the alternative gas supplier or
the alternative gas 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 paragraph (2) are satisfied. An
alternative gas supplier or alternative gas 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:
(A) the identity of the customer;
(B) confirmation that the person on the call is

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authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;
(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) the price of the service to be provided 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 alternative
gas supplier's services by providing additional
information. 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 alternative gas suppliers shall
maintain and preserve audio records of verification of
customer authorization for a minimum period of 2 years
after obtaining the verification. Automated systems must
provide customers with an option to speak with a live
person at any time during the call.
(3) The alternative gas supplier has obtained the
customer's authorization via an automated verification
system to change natural gas service via telephone. An
automated verification system is an electronic system

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that, through pre-recorded prompts, elicits voice
responses, touchtone responses, or both, from the customer
and records both the prompts and the customer's responses.
Such authorization must elicit the information in
paragraph (2)(A) through (F) of this subsection (c).
Alternative gas suppliers electing to confirm sales
electronically through an automated verification system
shall establish one or more toll-free telephone numbers
exclusively for that purpose. Calls to the number or
numbers shall connect a customer to a voice response unit,
or similar mechanism, that makes a date-stamped,
time-stamped recording of the required information
regarding the alternative gas supplier change.
The alternative gas supplier shall not use such
electronic authorization systems to market its services.
(4) When a consumer initiates the call to the
prospective alternative gas supplier, in order to enroll
the consumer as a customer, the prospective alternative
gas supplier must, with the consent of the customer, make
a date-stamped, time-stamped audio recording that elicits,
at a minimum, the following information:
(A) the identity of the customer;
(B) confirmation that the person on the call is
authorized to make the provider change;
(C) confirmation that the person on the call wants
to make the provider change;

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(D) the names of the providers affected by the
change;
(E) the service address of the service to be
switched; and
(F) 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 alternative gas suppliers shall maintain
and preserve the audio records containing the information
set forth above for a minimum period of 2 years.
(5) In the event that a customer enrolls for service
from an alternative gas supplier via an Internet website,
the alternative gas supplier shall obtain an
electronically signed letter of agency in accordance with
paragraph (1) of this subsection (c) and any customer
information shall be protected in accordance with all
applicable statutes and regulations. In addition, an
alternative gas supplier shall provide the following when
marketing via an Internet website:
(A) The Internet enrollment website shall, at a
minimum, include:
(i) a copy of the alternative gas supplier's
customer contract that clearly and conspicuously
discloses all terms and conditions; and
(ii) a conspicuous prompt for the customer to

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print or save a copy of the contract.
(B) Any electronic version of the contract shall
be identified by version number, in order to ensure
the ability to verify the particular contract to which
the customer assents.
(C) Throughout the duration of the alternative gas
supplier's contract with a customer, the alternative
gas supplier shall retain and, within 3 business days
of the customer's request, provide to the customer an
e-mail, paper, or facsimile of the terms and
conditions of the numbered contract version to which
the customer assents.
(D) The alternative gas supplier shall provide a
mechanism by which both the submission and receipt of
the electronic letter of agency are recorded by time
and date.
(E) After the customer completes the electronic
letter of agency, the alternative gas supplier shall
disclose conspicuously through its website that the
customer has been enrolled, and the alternative gas
supplier shall provide the customer an enrollment
confirmation number.
(6) When a customer is solicited in person by the
alternative gas supplier's sales agent, the alternative
gas supplier may only obtain the customer's authorization
to change natural gas service through the method provided

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for in paragraph (2) of this subsection (c).
Alternative gas suppliers must be in compliance with this
subsection (c) within 90 days after the effective date of this
amendatory Act of the 95th General Assembly.
(d) Complaints may be filed with the Commission under this
Section by a customer whose natural gas service has been
provided by an alternative gas supplier in a manner not in
compliance with subsection (c) of this Section. If, after
notice and hearing, the Commission finds that an alternative
gas supplier has violated subsection (c), then the Commission
may in its discretion do any one or more of the following:
(1) Require the violating alternative gas supplier to
refund the customer charges collected in excess of those
that would have been charged by the customer's authorized
natural gas provider.
(2) Require the violating alternative gas supplier to
pay to the customer's authorized natural gas provider the
amount the authorized natural gas provider would have
collected for natural gas service. The Commission is
authorized to reduce this payment by any amount already
paid by the violating alternative gas supplier to the
customer's authorized natural gas provider.
(3) Require the violating alternative gas 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.

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(5) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating alternative gas supplier's certificate of
service authority.
(e) No alternative gas supplier shall:
(1) enter into or employ any arrangements which have
the effect of preventing any customer from having access
to the services of the gas utility in whose service area
the customer is located;
(2) charge customers for such access;
(3) bill for goods or services not authorized by the
customer; or
(4) bill for a disputed amount where the alternative
gas supplier has been provided notice of such dispute. The
supplier shall attempt to resolve a dispute with the
customer. When the dispute is not resolved to the
customer's satisfaction, the supplier shall inform the
customer of the right to file an informal complaint with
the Commission and provide contact information. While the
pending dispute is active at the Commission, an
alternative gas supplier may bill only for the undisputed
amount until the Commission has taken final action on the
complaint.
(f) An alternative gas supplier that is certified to serve
residential or small commercial customers shall not:
(1) deny service to a customer or group of customers

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nor establish any differences as to prices, terms,
conditions, services, products, facilities, or in any
other respect, whereby such denial or differences are
based upon race, gender, or income, except as provided in
Section 19-116;
(2) deny service based on locality, nor establish any
unreasonable difference as to prices, terms, conditions,
services, products, or facilities as between localities;
(3) include in any agreement a provision that
obligates a customer to the terms of the agreement if the
customer (i) moves outside the State of Illinois; (ii)
moves to a location without a transportation service
program; or (iii) moves to a location where the customer
will not require natural gas service, provided that
nothing in this subsection precludes an alternative gas
supplier from taking any action otherwise available to it
to collect a debt that arises out of service provided to
the customer before the customer moved; or
(4) assign the agreement to any alternative natural
gas supplier, unless:
(A) the supplier is an alternative gas supplier
certified by the Commission;
(B) the rates, terms, and conditions of the
agreement being assigned do not change during the
remainder of the time covered by the agreement;
(C) the customer is given no less than 30 days

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prior written notice of the assignment and contact
information for the new supplier; and
(D) the supplier assigning the contract provides
contact information that a customer can use to resolve
a dispute.
(g) An alternative gas supplier shall comply with the
following requirements with respect to the marketing,
offering, and provision of products or services:
(1) All marketing materials, including, but not
limited to, electronic marketing materials, in-person
solicitations, and telephone solicitations, concerning
prices, terms, and conditions of service shall contain
information that adequately discloses the prices, terms,
and conditions of the products or services and shall
disclose the utility gas supply cost rates per therm price
available from the Illinois Commerce Commission website
applicable at the time the alternative gas supplier is
offering or selling the products or services to the
customer and shall disclose the date on which the utility
gas supply cost rates per therm became effective and the
date on which they will expire. All marketing materials,
including, but not limited to, electronic marketing
materials, in-person solicitations, and telephone
solicitations, shall include the following statement:
"(Name of the alternative gas supplier) is not the
same entity as your gas delivery company. You are not

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required to enroll with (name of alternative gas
supplier). Beginning on (effective date), the utility
gas supply cost rate per therm is (cost). The utility
gas supply cost will expire on (expiration date). For
more information go to the Illinois Commerce
Commission's free website at
www.icc.illinois.gov/ags/consumereducation.aspx.".
This paragraph (1) does not apply to goodwill or
institutional advertising.
(2) Before any customer is switched from another
supplier, the alternative gas supplier shall give the
customer written information that clearly and
conspicuously discloses, in plain language, the prices,
terms, and conditions of the products and services being
offered and sold to the customer. This written information
shall be provided in a language in which the customer
subject to the marketing or solicitation is able to
understand and communicate, and the alternative gas
supplier shall not switch a customer who is unable to
understand and communicate in a language in which the
marketing or solicitation was conducted. The alternative
gas supplier shall comply with Section 2N of the Consumer
Fraud and Deceptive Business Practices Act. Nothing in
this paragraph (2) may be read to relieve an alternative
gas supplier from the duties imposed on it by item (3) of
subsection (c) of Section 2DDD of the Consumer Fraud and

HB3116 Enrolled - 24 - LRB102 04391 SPS 14409 b
Deceptive Business Practices Act.
(3) The alternative gas supplier shall provide to the
customer:
(A) accurate, timely, and itemized billing
statements that describe the products and services
provided to the customer and their prices and that
specify the gas consumption amount and any service
charges and taxes; provided that this item (g)(3)(A)
does not apply to small commercial customers;
(B) billing statements that clearly and
conspicuously discloses the name and contact
information for the alternative gas supplier;
(C) an additional statement, at least annually,
that adequately discloses the average monthly prices,
and the terms and conditions, of the products and
services sold to the customer; provided that this item
(g)(3)(C) does not apply to small commercial
customers;
(D) refunds of any deposits with interest within
30 days after the date that the customer changes gas
suppliers or discontinues service if the customer has
satisfied all of his or her outstanding financial
obligations to the alternative gas supplier at an
interest rate set by the Commission which shall be the
same as that required of gas utilities; and
(E) refunds, in a timely fashion, of all

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undisputed overpayments upon the oral or written
request of the customer.
(4) An alternative gas supplier and its sales agents
shall refrain from any direct marketing or soliciting to
consumers on the gas utility's "Do Not Contact List",
which the alternative gas supplier shall obtain on the
15th calendar day of the month from the gas utility in
whose service area the consumer is provided with gas
service. If the 15th calendar day is a non-business day,
then the alternative gas supplier shall obtain the list on
the next business day following the 15th calendar day of
that month.
(5) Early Termination.
(A) Any agreement that contains an early
termination clause shall disclose the amount of the
early termination fee, provided that any early
termination fee or penalty shall not exceed $50 total,
regardless of whether or not the agreement is a
multiyear agreement.
(B) In any agreement that contains an early
termination clause, an alternative gas supplier shall
provide the customer the opportunity to terminate the
agreement without any termination fee or penalty
within 10 business days after the date of the first
bill issued to the customer for products or services
provided by the alternative gas supplier. The

HB3116 Enrolled - 26 - LRB102 04391 SPS 14409 b
agreement shall disclose the opportunity and provide a
toll-free phone number that the customer may call in
order to terminate the agreement. Beginning January 1,
2020, residential and small commercial customers shall
have a right to terminate their agreements with
alternative gas suppliers at any time without any
termination fees or penalties.
(6) Within 2 business days after electronic receipt of
a customer switch from the alternative gas supplier and
confirmation of eligibility, the gas utility shall provide
the customer written notice confirming the switch. The gas
utility shall not switch the service until 10 business
days after the date on the notice to the customer.
(7) The alternative gas supplier shall provide each
customer the opportunity to rescind its agreement without
penalty within 10 business days after the date on the gas
utility notice to the customer. The alternative gas
supplier shall disclose all of the following:
(A) that the gas utility shall send a notice
confirming the switch;
(B) that from the date the utility issues the
notice confirming the switch, the customer shall have
10 business days to rescind the switch without
penalty;
(C) that the customer shall contact the gas
utility or the alternative gas supplier to rescind the

HB3116 Enrolled - 27 - LRB102 04391 SPS 14409 b
switch; and
(D) the contact information for the gas utility.
The alternative gas supplier disclosure shall be
included in its sales solicitations, contracts, and all
applicable sales verification scripts.
(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 gas 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 gas supplier shall comply with Section 2N of
the Consumer Fraud and Deceptive Business Practices Act.
(h) An alternative gas supplier may limit the overall size
or availability of a service offering by specifying one or
more of the following:
(1) a maximum number of customers and maximum amount
of gas load to be served;
(2) time period during which the offering will be
available; or
(3) other comparable limitation, but not including the
geographic locations of customers within the area which
the alternative gas supplier is certificated to serve.
The alternative gas supplier shall file the terms and

HB3116 Enrolled - 28 - LRB102 04391 SPS 14409 b
conditions of such service offering including the applicable
limitations with the Commission prior to making the service
offering available to customers.
(i) Nothing in this Section shall be construed as
preventing an alternative gas supplier that is an affiliate
of, or which contracts with, (i) an industry or trade
organization or association, (ii) a membership organization or
association that exists for a purpose other than the purchase
of gas, or (iii) another organization that meets criteria
established in a rule adopted by the Commission from offering
through the organization or association services at prices,
terms and conditions that are available solely to the members
of the organization or association.
(Source: P.A. 101-590, eff. 1-1-20.)
(220 ILCS 5/19-130)
Sec. 19-130. Commission study and report. The Commission's
Office of Retail Market Development shall prepare an annual
report regarding the development of competitive retail natural
gas markets in Illinois. The Office shall monitor existing
competitive conditions in Illinois, identify barriers to
retail competition for all customer classes, and actively
explore and propose to the Commission and to the General
Assembly solutions to overcome identified barriers. Solutions
proposed by the Office to promote retail competition must also
promote safe, reliable, and affordable natural gas service.

HB3116 Enrolled - 29 - LRB102 04391 SPS 14409 b
On or before October 31 1 of each year, beginning in 2015,
the Director shall submit a report to the Commission, the
General Assembly, and the Governor, that includes, at a
minimum, the following information:
(1) an analysis of the status and development of the
retail natural gas market in the State of Illinois; and
(2) a discussion of any identified barriers to the
development of competitive retail natural gas markets in
Illinois and proposed solutions to overcome identified
barriers; and
(3) any other information the Office considers
significant in assessing the development of natural gas
markets in the State of Illinois.
Beginning in 2021, the report shall also include the
information submitted to the Commission pursuant to paragraph
(6) of subsection (b) of Section 19-115.
(Source: P.A. 101-590, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.