Bill Text: IL SB1653 | 2011-2012 | 97th General Assembly | Engrossed

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 not more than 90 days after the effective date of the amendatory Act, the Illinois Commerce Commission shall direct the Office of Retail Market Development to update the consumer education materials for residential consumers and small business consumers. Provides that the Commission may form another working group to prepare and review the consumer education materials prior to their adoption by the Commission.

Spectrum: Slight Partisan Bill (Democrat 17-9)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1653 Detail]

Download: Illinois-2011-SB1653-Engrossed.html

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AN ACT concerning public utilities.
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
Section 16-117 as follows:
(220 ILCS 5/16-117)
Sec. 16-117. Commission consumer education program.
(a) The restructuring of the electricity industry will
create a new electricity market with new marketers and sellers
offering new goods and services, many of which the average
consumer will not be able to readily evaluate. It is the intent
of the General Assembly that (i) electricity consumers be
provided with sufficient and reliable information so that they
are able to compare and make informed selections of products
and services provided in the electricity market; and (ii)
mechanisms be provided to enable consumers to protect
themselves from marketing practices that are unfair or abusive.
(b) The Commission shall implement and maintain a consumer
education program to provide residential and small commercial
retail customers with information to help them understand their
service options in a competitive electric services market, and
their rights and responsibilities.
(c) The Commission shall form a working group following the

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enactment of this amendatory Act of 1997. This group shall
consist of 5 representatives of the investor-owned electric
utilities in this State, 2 of which shall be appointed by
electric utilities serving over 1,000,000 retail customers in
this State; 2 representatives of alternative retail electric
suppliers; 3 representatives of organizations representing the
interests of residential and small commercial retail
customers; and the Commission.
(d) By March 1, 1999, with respect to educational materials
for small commercial customers and by November 1, 2001 with
respect to educational materials for residential customers,
the working group appointed pursuant to this Section shall
develop a package of printed educational materials which meet
the requirements of subsection (e) and shall submit such
package to the Commission for approval, along with
recommendations for implementing this consumer education
program. Such materials shall consider the needs of different
types of consumers in this State, such as elderly, low-income,
multilingual, minority, rural and disabled customers. The
working group shall issue recommendations to the Commission on
how such education program can be implemented through a variety
of communication methods, including specifically mass media,
distribution of printed material, public service
announcements, and posting on the Internet.
Not more than 90 days after the effective date of this
amendatory Act of the 97th General Assembly, the Commission

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shall direct the Office of Retail Market Development to update
the consumer education materials for residential consumers and
small business consumers. The Commission may form another
working group to prepare and review the consumer education
materials prior to their adoption by the Commission.
(e) At a minimum, the materials constituting the consumer
education program submitted to the Commission by the working
group shall include concise explanations or descriptions of the
following:
(1) the structure of the electric utility industry
following this amendatory Act of 1997 and a glossary of
basic terms;
(2) the choices available to consumers to take electric
service from an alternative retail electric supplier or
remain as a retail customer of an electric utility;
(3) a customer's rights, risks and responsibilities in
receiving service from an alternative retail electric
supplier or remaining as a retail customer of an electric
utility;
(4) the legal obligations of alternative retail
electric suppliers;
(5) those services that may be offered on a competitive
basis in a deregulated electric services market, including
services that could be packaged with the delivery of
electric power and energy;
(6) services that an electric utility is required to

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provide pursuant to tariffed rates;
(7) the components of a bill that could be received by
a customer taking delivery services;
(8) the complaint procedures set forth in Section
10-108 of this Act by which consumers may seek a redress of
grievances against an electric utility or an alternative
retail electric supplier and a list of phone numbers of the
Commission, the Attorney General or other entities that can
provide information and assistance to customers; and
(9) additional information available from the
Commission upon request.
(f) Within 45 days following the submission required of the
working group by subsection (d) of this Section, the Commission
shall approve or disapprove the educational materials and
recommendations for program implementation. The Commission
shall be deemed to have approved the educational program
materials and recommendations unless the Commission
disapproves of any such material or recommendation within 45
days following the date of receipt.
(g) Once approved by the Commission, materials comprising
the consumer education program contemplated by this Section
shall be distributed as follows:
(1) Electric utilities shall mail printed educational
materials specified by the working group and approved by
the Commission (a) to all residential and small commercial
retail customers within a reasonable period prior to the

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date that such customers become eligible to purchase power
from alternative retail electric suppliers, such
"reasonable period" to be determined by the Commission; and
(b) once the applicable customer class becomes eligible to
receive delivery services, to all new residential and small
commercial retail customers at the time that such customers
begin taking services from the electric utility.
(2) Alternative retail electric suppliers shall
include such materials with all initial mailings to
potential residential and small commercial retail
customers but in all circumstances prior to the time by
which an alternative retail electric supplier executes any
agreements or contracts with such customers for the supply
of electric services.
(3) Both electric utilities and alternative retail
electric suppliers shall provide such materials at no
charge to residential and small commercial retail
customers upon request.
(4) The Commission shall make available upon request
and at no charge, and shall make available to the public on
the Internet through the State of Illinois World Wide Web
Site:
(A) all printed educational materials developed by
the working group and approved by the Commission;
(B) a list of all certified alternative retail
electric suppliers serving residential and small

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commercial retail customers within the service
territory of each electric utility;
(C) a list of alternative retail electric
suppliers serving residential or small commercial
retail customers which have been found in the last 3
years by the Commission pursuant to Section 10-108 to
have failed to provide service in accordance with the
terms of their contracts with such retail customers;
and
(D) guidelines to assist customers in determining
which energy supplier is most appropriate for each
customer.
(h) The Commission may also adopt a uniform disclosure form
which alternative retail electric suppliers would be required
to complete enabling consumers to compare prices, terms and
conditions offered by such suppliers.
(i) The Commission shall make available to the public staff
with the ability and knowledge to respond to consumer
inquiries.
(j) The costs of printing educational materials approved by
the Commission pursuant to this Section shall be payable solely
from funding as provided in this subsection.
Each year the General Assembly shall appropriate money to
the Commission from the General Revenue Fund for the expenses
of the Commission associated with this Section. The cost of the
consumer education program contemplated by this Section shall

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not exceed the amount of such appropriation. In no event shall
any electric utility, alternative retail electric supplier or
customer be liable for the costs of printing consumer education
program material in accordance with this Section. The
obligations associated with this consumer education program
shall not exceed the amounts appropriated for this program
pursuant to this Section.
(k) The Commission shall study the effectiveness of the
consumer education program. Such study shall include a notice
and an opportunity for participation and comment by all
interested and potentially affected parties. Such study shall
be completed by January 31st of each year during the mandatory
transition period and a summary thereof, together with any
legislative recommendations, shall be included in the
Commission's Annual Report due in accordance with Section 4-304
of this Act.
(Source: P.A. 90-561, eff. 12-16-97.)