Public Act 103-0237

SB1879 Enrolled LRB103 25115 AMQ 51452 b

AN ACT concerning 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

Sections 16-115A and 16-122 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 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 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

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.

(3) warrant that it has a residential customer or

small commercial retail customer's express consent

agreement to access interval data as described in

subsection (b) of Section 16-122, unless the alternative

retail electric supplier has:

(A) disclosed to the consumer at the outset of the

offer that the alternative retail electric supplier

will access the consumer's interval data from the

consumer's utility with the consumer's express

agreement and the consumer's option to refuse to

provide express agreement to access the consumer's

interval data; and

(B) obtained the consumer's express agreement for

the alternative retail electric supplier to access the

consumer's interval data from the consumer's utility

in a separate letter of agency, a distinct response to

a third-party verification, or as a separate

affirmative consent during a recorded enrollment

initiated by the consumer. The disclosure by the

alternative retail electric supplier to the consumer

in this Section shall be conducted in, translated

into, and provided in a language in which the consumer

subject to the disclosure is able to understand and

communicate.

(4) release, sell, license, or otherwise disclose any

customer interval data obtained under Section 16-122 to

any third person except as provided for in Section 16-122

and paragraphs (1) through (4) of subsection (d-5) of

Section 2EE of the Consumer Fraud and Deceptive Business

Practices Act.

(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

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

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

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

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

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; 102-459, eff. 8-20-21.)

(220 ILCS 5/16-122)

Sec. 16-122. Customer information.

(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.

Notwithstanding the requirements of this Section, if an

alternative retail electric supplier warrants to an electric

utility serving more than 500,000 retail customers that the

alternative retail electric supplier's customer has provided

consent as described in subsection (d-5) of Section 2EE of the

Consumer Fraud and Deceptive Business Practices Act, then

until either the customer contacts the alternative retail

electric supplier to opt out or the customer is no longer

served by the alternative retail electric supplier:

(1) An electric utility serving more than 500,000

retail customers shall electronically transmit interval

meter usage data at the end of each monthly billing period

for each residential retail customer for which the

alternative retail electric supplier is providing electric

power and energy supply service, for which the alternative

retail electric supplier has requested such information,

and for which the electric utility meters the residential

customer using automated metering infrastructure

equipment. Such data transmission shall occur no later

than one business day after the electric utility serving

more than 500,000 retail customers validates the interval

meter usage data with the monthly billing period for such

residential retail customer through an electronic data

interchange or secure interface for which the alternative

retail electric supplier has requested such information

and upon payment of a reasonable and amortized fee to

recover the utility's prudently and reasonably incurred

costs, approved by the Commission after notice and

hearing, to provide this service. The interval meter usage

data shall be provided at a minimum on an hourly basis or

on a 30-minute basis. In addition, not later than the

following day, the electric utility shall provide

unverified interval data through an electronic data

interchange or secure interface for which the alternative

retail electric supplier has requested such information

and upon payment of a reasonable and amortized fee to

recover the utility's prudently and reasonably incurred

costs, approved by the Commission after notice and

hearing, to provide this service. The unverified interval

meter usage data shall be provided at a minimum on an

hourly basis or on a 30-minute basis. The same processes

shall apply for nonresidential retail customers.

(2) An electric utility serving more than 500,000

retail customers shall submit tariffs to the Commission

for approval within 120 days of the effective date of this

amendatory Act of the 103rd General Assembly to meet the

minimum requirements of paragraph (1) and provide such

services no later than June 1, 2025. The Commission shall

issue an order approving, or approving with modification

to ensure compliance with this Section, the tariff no

later than 240 days after such filing of the tariffs filed

as described in this Section.

(3) Nothing in this amendatory Act of the 103rd

General Assembly prohibits such utility proposing new

tariffs as described in Article IX to the extent such

tariffs are consistent with the requirements of this

amendatory Act of the 103rd General Assembly. Nothing in

this amendatory Act of the 103rd General Assembly shall

require such electric utility to alter its tariffs or

practices to the extent that they: (i) provide interval

data with shorter intervals; (ii) provide interval data

more frequently than monthly; or (iii) provide other

enhancements beyond the minimum standards required by

paragraph (1).

(4) An alternative retail electric supplier shall use

such interval meter usage data exclusively for the

development, marketing, and provision of current and

future products and services to enable such customers to

more easily and effectively manage their energy

consumption, including, but not limited to, time-of-use

pricing, demand response, energy efficiency or management,

beneficial electrification, on-site or community

generation, or any other electricity-related products or

services or customer billing or as otherwise authorized by

the Commission.

(5) An alternative retail electric supplier shall not

sell interval data obtained under this Section. An

alternative retail electric supplier shall not provide,

share, or otherwise disclose a consumer's interval meter

data obtained under this Section, except an alternative

retail electric supplier may license or disclose a

customer's interval meter data obtained under this Section

if the following conditions are met: (i) the license or

disclosure is made to an alternative retail electric

supplier's affiliate or a third party with which the

alternative retail electric supplier has a contract; (ii)

the disclosure of a customer's interval meter data is made

only to perform the following functions on behalf of the

alternative retail electric supplier: billing and

invoicing, administration of the product or service

provided to the customer, or pricing products and services

for the customer; and (iii) the alternative retail

electric supplier maintains responsibility for ensuring

that its affiliates and contracted third parties purge

such data upon termination of their contract, ownership,

affiliation, or license or other agreement, or to the

extent that the customer interval data is no longer

necessary for the affiliate or contracted third party to

perform the function for which the customer interval data

was provided. An alternative retail electric supplier may

not provide a customer's interval meter data obtained

under this Section to a sales agent, broker, or consultant

for the purpose of marketing to that specific customer. An

alternative retail electric supplier shall be strictly

liable under the Consumer Fraud and Deceptive Business

Practices Act, this Act, and any other applicable law for

any improper or unauthorized disclosure of customer

interval data by it or any entity to which it discloses

such customer interval data, regardless of whether such

data was disclosed under the terms of this Section.

(6) Nothing in this Section prohibits an electric

utility serving more than 500,000 retail customers from

providing interval metering data to an alternative retail

electric supplier as otherwise authorized by law or order

of the Commission.

(7) The Commission shall set such fee, after notice

and hearing pursuant to paragraph (1) and cost recovery to

provide data or services, including any and all data or

services provided or proposed under paragraphs (1) through

(3) or otherwise authorized by this amendatory Act of the

103rd General Assembly, which shall be designed to obtain

cost recovery solely from alternative retail electric

suppliers. The fee shall be paid by all alternative retail

electric suppliers that are authorized to provide service

to residential customers in the electric utility's service

territory on a periodic basis as set forth in the tariff.

The Commission shall not establish a fee that is so high as

to deter competition or competitive supply offerings in

the State, or deny a utility a reasonable opportunity to

recover its cost of providing public utility service

pursuant to this Act. The Commission may at any time

review the reasonableness of the fee established pursuant

to this Section upon its own motion or petition of an

interested party.

(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. This subsection (c) does not

prohibit an electric utility from providing a unit of local

government or its designated auditor the materials delineated

in Section 8-11-2.5 of the Illinois Municipal Code for the

purposes of an audit under that Section.

(d) All such customer information shall be made available

in a timely fashion in an electronic format, if available.

(Source: P.A. 102-1144, eff. 3-17-23.)

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

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

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

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

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.

(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

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

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

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

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.

(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.

(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

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

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

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 the 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

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

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

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

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 Internet 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

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.

(d) 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

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 $10,000 into the Public

Utility Fund for each violation of this Section.

(4) Issue a cease and desist order.

(5) For a pattern of violation of this Section or for

violations that continue after a cease and desist order,

revoke the violating alternative retail electric

supplier's certificate of service authority.

(d-5)(1) Before an alternative retail electric supplier

may warrant that it has a residential customer or small

commercial retail customer's express consent agreement to

access interval data as described in subsection (b) of Section

16-122 of the Public Utilities Act, the alternative retail

electric supplier shall: (i) disclose to the consumer at the

outset of the offer that the alternative retail electric

supplier will access the consumer's interval data from the

consumer's utility with the consumer's express agreement, and

the consumer's option to refuse to provide express agreement

to access the consumer's interval data; and (ii) obtain the

consumer's express agreement for the alternative retail

electric supplier to access the consumer's interval data from

the consumer's utility in a separate letter of agency, a

distinct response to a third-party verification, or during a

recorded enrollment initiated by the consumer with the

consumer's consent. The disclosure by the alternative retail

electric supplier to the consumer in this Section shall be

conducted in, translated into, and provided in a language in

which the consumer subject to the disclosure is able to

understand and communicate.

(2) Before an alternative retail electric supplier may

warrant to an electric utility that it has an express

agreement from a residential customer or small commercial

retail customer who was enrolled with the alternative retail

electric supplier prior to the effective date of this

amendatory Act of the 103rd General Assembly to access the

consumer's interval data as described in subsection (b)of

Section 16-122 of the Public Utilities Act, an alternative

retail electric supplier shall: (i) disclose to the consumer

that the alternative retail electric supplier will access the

consumer's interval data from the consumer's utility with the

consumer's express agreement, which is a material change to

the consumer's existing contract terms, and the consumer's

option to refuse to provide express agreement to access the

consumer's interval data; and (ii) obtain the consumer's

express agreement for the alternative retail electric supplier

to change the consumer's material contract terms to access the

consumer's interval data from the consumer's utility in a

separate letter of agency, a distinct response to a

third-party verification, or during a recorded enrollment

initiated by the consumer with the consumer's consent. The

disclosure by the alternative retail electric supplier to the

consumer in this Section shall be conducted in, translated

into, and provided in a language in which the consumer subject

to the disclosure is able to understand and communicate.

(3) An alternative retail electric supplier may refuse to

enroll or may disenroll a residential customer or small

commercial retail customer in a product or service as

described in paragraph (4) of subsection (b) of Section 16-122

of the Public Utilities Act if the residential customer or

small commercial retail customer does not provide or revokes

consent under this subsection.

(4) An alternative retail electric supplier shall not

warrant that it has a non residential customer's, other than a

small commercial retail customer, consent to access interval

data as described in subsection (b) of Section 16-122 of the

Public Utilities Act unless the contract between the

alternative retail electric supplier and the customer

explicitly provides the alternative retail electric supplier

with permission to access the customer's interval meter usage

data. An alternative retail electric supplier shall not

release, sell, license, or otherwise disclose any customer

interval data obtained under Section 16-122 of the Public

Utilities Act to any third person except as provided for in

Section 16-122 of the Public Utilities Act.

(e) For purposes of this Section:

"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; 102-958, eff. 1-1-23;

revised 12-13-22.)