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HB4313 • 2026
ALT RETAIL ELECTRIC SUPPLIER
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
ALT RETAIL ELECTRIC SUPPLIER
Added Co-Sponsor Rep. Laura Faver Dias
Rule 19(a) / Re-referred to Rules Committee
House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
House Committee Amendment No. 1 Rules Refers to Public Utilities Committee
Added Co-Sponsor Rep. Katie Stuart
House Committee Amendment No. 1 Filed with Clerk by Rep. Kimberly Du Buclet
House Committee Amendment No. 1 Referred to Rules Committee
Added Co-Sponsor Rep. Lisa Davis
Added Co-Sponsor Rep. Michael Crawford
Added Co-Sponsor Rep. Dagmara Avelar
Assigned to Public Utilities Committee
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. Kimberly Du Buclet
ALT RETAIL ELECTRIC SUPPLIER
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Full Text of HB4313 Home Legislation Full Text HB4313 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced House Amendment 001 Printer Friendly Version Introduced House Amendment 001 Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4313 Introduced 1/14/2026, by Rep. Kimberly Du Buclet SYNOPSIS AS INTRODUCED: 220 ILCS 5/16-115A 220 ILCS 5/16-118 220 ILCS 5/19-115 815 ILCS 505/2EE 815 ILCS 505/2DDD Amends the Public Utilities Act. In provisions concerning the obligations of alternative retail electric suppliers and provisions concerning the obligations of alternative gas suppliers, provides that the alternative retail electric supplier or alternative gas supplier shall submit to the Illinois Commerce Commission and the Office of the Attorney General certain information about rates that the alternative retail electric supplier or alternative gas supplier charged to residential customers in the prior year, including the number of customers that were enrolled for each rate. Provides that an alternative retail electric supplier or alternative gas supplier shall not pay a commission or any other incentive-based compensation to individuals engaged in in-person solicitation or telemarketing and shall not charge a rate that is more than 25% higher than the current electric supply price or current monthly gas supply rate to any residential or small commercial retail customer at any time. In provisions concerning alternative retail electric supplier selection and provisions concerning alternative gas suppliers, provides that an alternative retail electric supplier or an alternative gas supplier shall not automatically renew a consumer's enrollment after the current term of the contract expires when the renewed contract provides that the consumer will be charged a rate that is higher than the consumer's current contract rate unless: (i) the alternative retail electric supplier or alternative gas supplier complies with certain provisions concerning contract renewal; 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. Makes other changes. LRB104 17063 AAS 30478 b A BILL FOR HB4313 LRB104 17063 AAS 30478 b 1 AN ACT concerning regulation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by changing 5 Sections 16-115A, 16-118, and 19-115 as follows: 6 (220 ILCS 5/16-115A) 7 Sec. 16-115A. Obligations of alternative retail electric 8 suppliers. 9 (a) An alternative retail electric supplier: 10 (i) shall comply with the requirements imposed on 11 public utilities by Sections 8-201 through 8-207, 8-301, 12 8-505 and 8-507 of this Act, to the extent that these 13 Sections have application to the services being offered by 14 the alternative retail electric supplier; 15 (ii) shall continue to comply with the requirements 16 for certification stated in subsection (d) of Section 17 16-115; 18 (iii) by May 31, 2020 and every June 30 thereafter, 19 shall submit to the Commission and the Office of the 20 Attorney General the rates the retail electric supplier 21 charged to residential customers in the prior year, 22 including each distinct rate charged and whether the rate 23 was a fixed or variable rate, the basis for the variable HB4313 - 2 - LRB104 17063 AAS 30478 b 1 rate, the number of residential customers enrolled for 2 each rate, and any fees charged in addition to the supply 3 rate, including monthly fees, flat fees, or other service 4 charges; and 5 (iv) shall make publicly available on its website, 6 without the need for a customer login, rate information 7 for all of its variable, time-of-use, and fixed rate 8 contracts currently available to residential customers, 9 including, but not limited to, fixed monthly charges, 10 early termination fees, and kilowatt-hour charges. 11 (b) An alternative retail electric supplier shall obtain 12 verifiable authorization from a customer, in a form or manner 13 approved by the Commission consistent with Section 2EE of the 14 Consumer Fraud and Deceptive Business Practices Act, before 15 the customer is switched from another supplier. 16 (c) No alternative retail electric supplier, or electric 17 utility other than the electric utility in whose service area 18 a customer is located, shall (i) enter into or employ any 19 arrangements which have the effect of preventing a retail 20 customer with a maximum electrical demand of less than one 21 megawatt from having access to the services of the electric 22 utility in whose service area the customer is located or (ii) 23 charge retail customers for such access. This subsection shall 24 not be construed to prevent an arms-length agreement between a 25 supplier and a retail customer that sets a term of service, 26 notice period for terminating service and provisions governing HB4313 - 3 - LRB104 17063 AAS 30478 b 1 early termination through a tariff or contract as allowed by 2 Section 16-119. 3 (d) An alternative retail electric supplier that is 4 certified to serve residential or small commercial retail 5 customers shall not: 6 (1) deny service to a customer or group of customers 7 nor establish any differences as to prices, terms, 8 conditions, services, products, facilities, or in any 9 other respect, whereby such denial or differences are 10 based upon race, gender or income, except as provided in 11 Section 16-115E. 12 (2) deny service to a customer or group of customers 13 based on locality nor establish any unreasonable 14 difference as to prices, terms, conditions, services, 15 products, or facilities as between localities. 16 (3) warrant that it has a residential customer or 17 small commercial retail customer's express consent 18 agreement to access interval data as described in 19 subsection (b) of Section 16-122, unless the alternative 20 retail electric supplier has: 21 (A) disclosed to the consumer at the outset of the 22 offer that the alternative retail electric supplier 23 will access the consumer's interval data from the 24 consumer's utility with the consumer's express 25 agreement and the consumer's option to refuse to 26 provide express agreement to access the consumer's HB4313 - 4 - LRB104 17063 AAS 30478 b 1 interval data; and 2 (B) obtained the consumer's express agreement for 3 the alternative retail electric supplier to access the 4 consumer's interval data from the consumer's utility 5 in a separate letter of agency, a distinct response to 6 a third-party verification, or as a separate 7 affirmative consent during a recorded enrollment 8 initiated by the consumer. The disclosure by the 9 alternative retail electric supplier to the consumer 10 in this Section shall be conducted in, translated 11 into, and provided in a language in which the consumer 12 subject to the disclosure is able to understand and 13 communicate. 14 (4) release, sell, license, or otherwise disclose any 15 customer interval data obtained under Section 16-122 to 16 any third person except as provided for in Section 16-122 17 and paragraphs (1) through (4) of subsection (d-5) of 18 Section 2EE of the Consumer Fraud and Deceptive Business 19 Practices Act. 20 (e) An alternative retail electric supplier shall comply 21 with the following requirements with respect to the marketing, 22 offering , and provision of products or services to residential 23 and small commercial retail customers: 24 (i) All marketing materials, including, but not 25 limited to, electronic marketing materials, in-person 26 solicitations, and telephone solicitations, shall contain HB4313 - 5 - LRB104 17063 AAS 30478 b 1 information that adequately discloses the prices, terms, 2 and conditions of the products or services that the 3 alternative retail electric supplier is offering or 4 selling to the customer and shall disclose the current 5 utility electric supply price to compare applicable at the 6 time the alternative retail electric supplier is offering 7 or selling the products or services to the customer and 8 shall disclose the date on which the utility electric 9 supply price to compare became effective and the date on 10 which it will expire. The utility electric supply price to 11 compare shall be the sum of the electric supply charge and 12 the transmission services charge and shall not include the 13 purchased electricity adjustment. The disclosure shall 14 include a statement that the price to compare does not 15 include the purchased electricity adjustment, and, if 16 applicable, the range of the purchased electricity 17 adjustment. All marketing materials, including, but not 18 limited to, electronic marketing materials, in-person 19 solicitations, and telephone solicitations, shall include 20 the following statement: 21 "(Name of the alternative retail electric 22 supplier) is not the same entity as your electric 23 delivery company. You are not required to enroll with 24 (name of alternative retail electric supplier). 25 Beginning on (effective date), the electric supply 26 price to compare is (price in cents per kilowatt HB4313 - 6 - LRB104 17063 AAS 30478 b 1 hour). The electric utility electric supply price will 2 expire on (expiration date). The utility electric 3 supply price to compare does not include the purchased 4 electricity adjustment factor. For more information go 5 to the Illinois Commerce Commission's free website at 6 www.pluginillinois.org.". 7 If applicable, the statement shall also include the 8 following statement: 9 "The purchased electricity adjustment factor may 10 range between +.5 cents and -.5 cents per kilowatt 11 hour.". 12 This paragraph (i) does not apply to goodwill or 13 institutional advertising. 14 (ii) Before any customer is switched from another 15 supplier, the alternative retail electric supplier shall 16 give the customer written information that adequately 17 discloses, in plain language, the prices, terms , and 18 conditions of the products and services being offered and 19 sold to the customer. This written information shall be 20 provided in a language in which the customer subject to 21 the marketing or solicitation is able to understand and 22 communicate, and the alternative retail electric supplier 23 shall not switch a customer who is unable to understand 24 and communicate in a language in which the marketing or 25 solicitation was conducted. The alternative retail 26 electric supplier shall comply with Section 2N of the HB4313 - 7 - LRB104 17063 AAS 30478 b 1 Consumer Fraud and Deceptive Business Practices Act. 2 (iii) An alternative retail electric supplier shall 3 provide documentation to the Commission and to customers 4 that substantiates any claims made by the alternative 5 retail electric supplier regarding the technologies and 6 fuel types used to generate the electricity offered or 7 sold to customers. 8 (iv) The alternative retail electric supplier shall 9 provide to the customer (1) itemized billing statements 10 that describe the products and services provided to the 11 customer and their prices, and (2) an additional 12 statement, at least annually, that adequately discloses 13 the average monthly prices, and the terms and conditions, 14 of the products and services sold to the customer. 15 (v) All in-person and telephone solicitations shall be 16 conducted in, translated into, and provided in a language 17 in which the consumer subject to the marketing or 18 solicitation is able to understand and communicate. An 19 alternative retail electric supplier shall terminate a 20 solicitation if the consumer subject to the marketing or 21 communication is unable to understand and communicate in 22 the language in which the marketing or solicitation is 23 being conducted. An alternative retail electric supplier 24 shall comply with Section 2N of the Consumer Fraud and 25 Deceptive Business Practices Act. 26 (vi) Each alternative retail electric supplier shall HB4313 - 8 - LRB104 17063 AAS 30478 b 1 conduct training for individual representatives engaged in 2 in-person solicitation and telemarketing to residential 3 customers on behalf of that alternative retail electric 4 supplier prior to conducting any such solicitations on the 5 alternative retail electric supplier's behalf. Each 6 alternative retail electric supplier shall submit a copy 7 of its training material to the Commission on an annual 8 basis and the Commission shall have the right to review 9 and require updates to the material. After initial 10 training, each alternative retail electric supplier shall 11 be required to conduct refresher training for its 12 individual representatives every 6 months. 13 (vii) An alternative retail electric supplier shall 14 not pay a commission or any other incentive-based 15 compensation to an individual representative who is 16 engaged in in-person solicitation or telemarketing on 17 behalf of the alternative retail electric supplier. 18 (viii) An alternative retail electric supplier shall 19 not charge a rate that is more than 25% higher than the 20 current electric supply price to any residential or small 21 commercial retail customer at any time. 22 (f) An alternative retail electric supplier may limit the 23 overall size or availability of a service offering by 24 specifying one or more of the following: a maximum number of 25 customers, maximum amount of electric load to be served, time 26 period during which the offering will be available, or other HB4313 - 9 - LRB104 17063 AAS 30478 b 1 comparable limitation, but not including the geographic 2 locations of customers within the area which the alternative 3 retail electric supplier is certificated to serve. The 4 alternative retail electric supplier shall file the terms and 5 conditions of such service offering including the applicable 6 limitations with the Commission prior to making the service 7 offering available to customers. 8 (g) Nothing in this Section shall be construed as 9 preventing an alternative retail electric supplier, which is 10 an affiliate of, or which contracts with, (i) an industry or 11 trade organization or association, (ii) a membership 12 organization or association that exists for a purpose other 13 than the purchase of electricity, or (iii) another 14 organization that meets criteria established in a rule adopted 15 by the Commission, from offering through the organization or 16 association services at prices, terms and conditions that are 17 available solely to the members of the organization or 18 association. 19 (Source: P.A. 102-459, eff. 8-20-21; 103-237, eff. 6-30-23.) 20 (220 ILCS 5/16-118) 21 Sec. 16-118. Services provided by electric utilities to 22 alternative retail electric suppliers. 23 (a) It is in the best interest of Illinois energy 24 consumers to promote fair and open competition in the 25 provision of electric power and energy and to prevent HB4313 - 10 - LRB104 17063 AAS 30478 b 1 anticompetitive practices in the provision of electric power 2 and energy. Therefore, to the extent an electric utility 3 provides electric power and energy or delivery services to 4 alternative retail electric suppliers and such services are 5 not subject to the jurisdiction of the Federal Energy 6 Regulatory Commission, and are not competitive services, they 7 shall be provided through tariffs that are filed with the 8 Commission, pursuant to Article IX of this Act. Each electric 9 utility shall permit alternative retail electric suppliers to 10 interconnect facilities to those owned by the utility provided 11 they meet established standards for such interconnection, and 12 may provide standby or other services to alternative retail 13 electric suppliers. The alternative retail electric supplier 14 shall sign a contract setting forth the prices, terms and 15 conditions for interconnection with the electric utility and 16 the prices, terms and conditions for services provided by the 17 electric utility to the alternative retail electric supplier 18 in connection with the delivery by the electric utility of 19 electric power and energy supplied by the alternative retail 20 electric supplier. 21 (b) An electric utility shall file a tariff pursuant to 22 Article IX of the Act that would allow alternative retail 23 electric suppliers or electric utilities providing supply 24 service through an electric aggregation program, other than 25 the electric utility in whose service area retail customers 26 are located , to issue single bills to the retail customers for HB4313 - 11 - LRB104 17063 AAS 30478 b 1 both the services provided by such alternative retail electric 2 supplier or other electric utility and the delivery services 3 provided by the electric utility to such customers. The tariff 4 filed pursuant to this subsection shall (i) require partial 5 payments made by retail customers to be credited first to the 6 electric utility's tariffed services, (ii) impose commercially 7 reasonable terms with respect to credit and collection, 8 including requests for deposits, (iii) retain the electric 9 utility's right to disconnect the retail customers, if it does 10 not receive payment for its tariffed services, in the same 11 manner that it would be permitted to if it had billed for the 12 services itself, and (iv) require the alternative retail 13 electric supplier or other electric utility that elects the 14 billing option provided by this tariff to include on each bill 15 to retail customers an identification of the electric utility 16 providing the delivery services and a listing of the charges 17 applicable to such services. The tariff filed pursuant to this 18 subsection may also include other just and reasonable terms 19 and conditions. In addition, an electric utility, an 20 alternative retail electric supplier or electric utility 21 providing supply service through an electric aggregation 22 program, other than the electric utility in whose service area 23 the customer is located, and a customer served by such 24 alternative retail electric supplier or other electric 25 utility, may enter into an agreement pursuant to which the 26 alternative retail electric supplier or other electric utility HB4313 - 12 - LRB104 17063 AAS 30478 b 1 pays the charges specified in Section 16-108, or other 2 customer-related charges, including taxes and fees, in lieu of 3 such charges being recovered by the electric utility directly 4 from the customer. 5 (c) An electric utility with more than 100,000 customers 6 shall file a tariff pursuant to Article IX of this Act that 7 provides alternative retail electric suppliers , and electric 8 utilities providing supply service through an electric 9 aggregation program, other than the electric utility in whose 10 service area the retail customers are located, with the option 11 to have the electric utility purchase their receivables for 12 power and energy service provided to residential retail 13 customers and non-residential retail customers with a 14 non-coincident peak demand of less than 400 kilowatts through 15 an electric aggregation program . Receivables for power and 16 energy service of alternative retail electric suppliers or 17 electric utilities providing supply service through an 18 electric aggregation program, other than the electric utility 19 in whose service area the retail customers are located , shall 20 be purchased by the electric utility at a just and reasonable 21 discount rate to be reviewed and approved by the Commission 22 after notice and hearing. The discount rate shall be based on 23 the electric utility's historical bad debt and any reasonable 24 start-up costs and administrative costs associated with the 25 electric utility's purchase of receivables. The discounted 26 rate for purchase of receivables shall be included in the HB4313 - 13 - LRB104 17063 AAS 30478 b 1 tariff filed pursuant to this subsection (c). The discount 2 rate filed pursuant to this subsection (c) shall be subject to 3 periodic Commission review. The electric utility retains the 4 right to impose the same terms on retail customers with 5 respect to credit and collection, including requests for 6 deposits, and retain the electric utility's right to 7 disconnect the retail customers, if it does not receive 8 payment for its tariffed services or purchased receivables, in 9 the same manner that it would be permitted to if the retail 10 customers purchased power and energy from the electric 11 utility. The tariff filed pursuant to this subsection (c) 12 shall permit the electric utility to recover from retail 13 customers any uncollected receivables that may arise as a 14 result of the purchase of receivables under this subsection 15 (c), may also include other just and reasonable terms and 16 conditions, and shall provide for the prudently incurred costs 17 associated with the provision of this service pursuant to this 18 subsection (c). Nothing in this subsection (c) permits the 19 double recovery of bad debt expenses from customers. 20 (d) An electric utility with more than 100,000 customers 21 shall file a tariff pursuant to Article IX of this Act that 22 would provide alternative retail electric suppliers or 23 electric utilities providing supply service through an 24 electric aggregation program, other than the electric utility 25 in whose service area retail customers are located , with the 26 option to have the electric utility produce and provide single HB4313 - 14 - LRB104 17063 AAS 30478 b 1 bills to the retail customers for both the electric power and 2 energy service provided by the alternative retail electric 3 supplier or other electric utility and the delivery services 4 provided by the electric utility to the customers. The tariffs 5 filed pursuant to this subsection shall require the electric 6 utility to collect and remit customer payments for electric 7 power and energy service provided by alternative retail 8 electric suppliers or electric utilities providing supply 9 service through an electric aggregation program, other than 10 the electric utility in whose service area retail customers 11 are located. The tariff filed pursuant to this subsection 12 shall require the electric utility to include on each bill to 13 retail customers an identification of the alternative retail 14 electric supplier or other electric utility that elects the 15 billing option. The tariff filed pursuant to this subsection 16 (d) may also include other just and reasonable terms and 17 conditions and shall provide for the recovery of prudently 18 incurred costs associated with the provision of service 19 pursuant to this subsection (d). The costs associated with the 20 provision of service pursuant to this Section shall be subject 21 to periodic Commission review. 22 (e) An electric utility with more than 100,000 customers 23 in this State shall file a tariff pursuant to Article IX of 24 this Act that provides alternative retail electric suppliers , 25 and electric utilities providing supply service through an 26 electric aggregation program, other than the electric utility HB4313 - 15 - LRB104 17063 AAS 30478 b 1 in whose service area the retail customers are located, with 2 the option to have the electric utility purchase 2 billing 3 cycles worth of uncollectible receivables for power and energy 4 service provided to residential retail customers and to 5 non-residential retail customers participating in a municipal 6 aggregation program with a non-coincident peak demand of less 7 than 400 kilowatts upon returning that customer to that 8 electric utility for delivery and energy service after that 9 alternative retail electric supplier providing supply service 10 through an electric aggregation program , or an electric 11 utility other than the electric utility in whose service area 12 the retail customer is located, has made reasonable collection 13 efforts on that account. Uncollectible receivables for power 14 and energy service of alternative retail electric suppliers , 15 or electric utilities providing supply service through an 16 electric aggregation program, other than the electric utility 17 in whose service area the retail customers are located, shall 18 be purchased by the electric utility at a just and reasonable 19 discount rate to be reviewed and approved by the Commission, 20 after notice and hearing. The discount rate shall be based on 21 the electric utility's historical bad debt for receivables 22 that are outstanding for a similar length of time and any 23 reasonable start-up costs and administrative costs associated 24 with the electric utility's purchase of receivables. The 25 discounted rate for purchase of uncollectible receivables 26 shall be included in the tariff filed pursuant to this HB4313 - 16 - LRB104 17063 AAS 30478 b 1 subsection (e). The electric utility retains the right to 2 impose the same terms on these retail customers with respect 3 to credit and collection, including requests for deposits, and 4 retains the right to disconnect these retail customers, if it 5 does not receive payment for its tariffed services or 6 purchased receivables, in the same manner that it would be 7 permitted to if the retail customers had purchased power and 8 energy from the electric utility. The tariff filed pursuant to 9 this subsection (e) shall permit the electric utility to 10 recover from retail customers any uncollectable receivables 11 that may arise as a result of the purchase of uncollectible 12 receivables under this subsection (e), may also include other 13 just and reasonable terms and conditions, and shall provide 14 for the prudently incurred costs associated with the provision 15 of this service pursuant to this subsection (e). Nothing in 16 this subsection (e) permits the double recovery of utility bad 17 debt expenses from customers. The electric utility may file a 18 joint tariff for this subsection (e) and subsection (c) of 19 this Section. 20 (f) Every alternative retail electric supplier or electric 21 utility other than the electric utility in whose service area 22 retail customers are located that issues single bills to the 23 retail customers for the services provided by the alternative 24 retail electric supplier or other electric utility to the 25 customers shall include on the single bills issued to 26 residential customers the current utility electric supply HB4313 - 17 - LRB104 17063 AAS 30478 b 1 price to compare that would apply to the customer for the 2 billing period if the customer obtained supply from the 3 utility. The current utility electric supply price shall be 4 the sum of the electric supply charge and the transmission 5 services charge and shall disclose that the price does not 6 include the monthly purchased electricity adjustment. 7 (g) Every electric utility that provides delivery and 8 supply services shall include on each bill issued to 9 residential customers who obtain supply from an alternative 10 retail electric supplier the current utility electric supply 11 price to compare that would apply to the customer for the 12 billing period if the customer obtained supply from the 13 utility. The current utility electric supply price to compare 14 shall be the sum of the electric supply charge and the 15 transmission services charge and shall disclose that the price 16 does not include the monthly purchased electricity adjustment. 17 (Source: P.A. 101-590, eff. 1-1-20 .) 18 (220 ILCS 5/19-115) 19 Sec. 19-115. Obligations of alternative gas suppliers. 20 (a) The provisions of this Section shall apply only to 21 alternative gas suppliers serving or seeking to serve 22 residential or small commercial customers and only to the 23 extent such alternative gas suppliers provide services to 24 residential or small commercial customers. 25 (b) An alternative gas supplier: HB4313 - 18 - LRB104 17063 AAS 30478 b 1 (1) shall comply with the requirements imposed on 2 public utilities by Sections 8-201 through 8-207, 8-301, 3 8-505 and 8-507 of this Act, to the extent that these 4 Sections have application to the services being offered by 5 the alternative gas supplier; 6 (2) shall continue to comply with the requirements for 7 certification stated in Section 19-110; 8 (3) shall comply with complaint procedures established 9 by the Commission; 10 (4) except as provided in subsection (h) of this 11 Section, shall file with the Chief Clerk of the 12 Commission, within 20 business days after the effective 13 date of this amendatory Act of the 95th General Assembly, 14 a copy of bill formats, standard customer contract and 15 customer complaint and resolution procedures, and the name 16 and telephone number of the company representative whom 17 Commission employees may contact to resolve customer 18 complaints and other matters. In the case of a gas 19 supplier that engages in door-to-door solicitation, the 20 company shall file with the Commission the consumer 21 information disclosure required by item (3) of subsection 22 (c) of Section 2DDD of the Consumer Fraud and Deceptive 23 Business Practices Act and shall file updated information 24 within 10 business days after changes in any of the 25 documents or information required to be filed by this item 26 (4); HB4313 - 19 - LRB104 17063 AAS 30478 b 1 (5) shall maintain a customer call center where 2 customers can reach a representative and receive current 3 information. At least once every 6 months, each 4 alternative gas supplier shall provide written information 5 to customers explaining how to contact the call center. 6 The average answer time for calls placed to the call 7 center shall not exceed 60 seconds where a representative 8 or automated system is ready to render assistance and/or 9 accept information to process calls. The abandon rate for 10 calls placed to the call center shall not exceed 10%. Each 11 alternative gas supplier shall maintain records of the 12 call center's telephone answer time performance and 13 abandon call rate. These records shall be kept for a 14 minimum of 2 years and shall be made available to 15 Commission personnel upon request. In the event that 16 answer times and/or abandon rates exceed the limits 17 established above, the reporting alternative gas supplier 18 may provide the Commission or its personnel with 19 explanatory details. At a minimum, these records shall 20 contain the following information in monthly increments: 21 (A) total number of calls received; 22 (B) number of calls answered; 23 (C) average answer time; 24 (D) number of abandoned calls; and 25 (E) abandon call rate. 26 Alternative gas suppliers that do not have electronic HB4313 - 20 - LRB104 17063 AAS 30478 b 1 answering capability that meets these requirements shall 2 notify the Manager of the Commission's Consumer Services 3 Division or its successor within 30 days following the 4 effective date of this amendatory Act of the 95th General 5 Assembly and work with Staff to develop individualized 6 reporting requirements as to the call volume and 7 responsiveness of the call center. 8 On or before March 1 of every year, each entity shall 9 file a report with the Chief Clerk of the Commission for 10 the preceding calendar year on its answer time and abandon 11 call rate for its call center. A copy of the report shall 12 be sent to the Manager of the Consumer Services Division 13 or its successor; 14 (6) by January 1, 2020 and every September 30 15 thereafter, shall submit to the Commission and the Office 16 of the Attorney General the rates the alternative gas 17 supplier charged to residential customers in the prior 18 year, including each distinct rate charged and whether the 19 rate was a fixed or variable rate, the basis for the 20 variable rate, the number of customers enrolled on each 21 rate, and any fees charged in addition to the supply rate, 22 including monthly fees, flat fees, or other service 23 charges; and 24 (7) shall make publicly available on its website, 25 without the need for a customer login, rate information 26 for all of its variable, time-of-use, and fixed rate HB4313 - 21 - LRB104 17063 AAS 30478 b 1 contracts currently available to residential customers, 2 including but not limited to, fixed monthly charges, early 3 termination fees, and per therm charges. 4 (c) An alternative gas supplier shall not submit or 5 execute a change in a customer's selection of a natural gas 6 provider unless and until (i) the alternative gas supplier 7 first discloses all material terms and conditions of the 8 offer, including price, to the customer; (ii) the alternative 9 gas supplier has obtained the customer's express agreement to 10 accept the offer after the disclosure of all material terms 11 and conditions of the offer; and (iii) the alternative gas 12 supplier has confirmed the request for a change in accordance 13 with one of the following procedures: 14 (1) The alternative gas supplier has obtained the 15 customer's written or electronically signed authorization 16 in a form that meets the following requirements: 17 (A) An alternative gas supplier shall obtain any 18 necessary written or electronically signed 19 authorization from a customer for a change in natural 20 gas service by using a letter of agency as specified in 21 this Section. Any letter of agency that does not 22 conform with this Section is invalid. 23 (B) The letter of agency shall be a separate 24 document (or an easily separable document containing 25 only the authorization language described in item (E) 26 of this paragraph (1)) whose sole purpose is to HB4313 - 22 - LRB104 17063 AAS 30478 b 1 authorize a natural gas provider change. The letter of 2 agency must be signed and dated by the customer 3 requesting the natural gas provider change. 4 (C) The letter of agency shall not be combined 5 with inducements of any kind on the same document. 6 (D) Notwithstanding items (A) and (B) of this 7 paragraph (1), the letter of agency may be combined 8 with checks that contain only the required letter of 9 agency language prescribed in item (E) of this 10 paragraph (1) and the necessary information to make 11 the check a negotiable instrument. The letter of 12 agency check shall not contain any promotional 13 language or material. The letter of agency check shall 14 contain in easily readable, bold face type on the face 15 of the check a notice that the consumer is authorizing 16 a natural gas provider change by signing the check. 17 The letter of agency language also shall be placed 18 near the signature line on the back of the check. 19 (E) At a minimum, the letter of agency must be 20 printed with a print of sufficient size to be clearly 21 legible and must contain clear and unambiguous 22 language that confirms: 23 (i) the customer's billing name and address; 24 (ii) the decision to change the natural gas 25 provider from the current provider to the 26 prospective alternative gas supplier; HB4313 - 23 - LRB104 17063 AAS 30478 b 1 (iii) the terms, conditions, and nature of the 2 service to be provided to the customer, including, 3 but not limited to, the rates for the service 4 contracted for by the customer; and 5 (iv) that the customer understands that any 6 natural gas provider selection the customer 7 chooses may involve a charge to the customer for 8 changing the customer's natural gas provider. 9 (F) Letters of agency shall not suggest or require 10 that a customer take some action in order to retain the 11 customer's current natural gas provider. 12 (G) If any portion of a letter of agency is 13 translated into another language, then all portions of 14 the letter of agency must be translated into that 15 language. 16 (2) An appropriately qualified independent third party 17 has obtained, in accordance with the procedures set forth 18 in this paragraph (2), the customer's oral authorization 19 to change natural gas providers that confirms and includes 20 appropriate verification data. The independent third party 21 must (i) not be owned, managed, controlled, or directed by 22 the alternative gas supplier or the alternative gas 23 supplier's marketing agent; (ii) not have any financial 24 incentive to confirm provider change requests for the 25 alternative gas supplier or the alternative gas supplier's 26 marketing agent; and (iii) operate in a location HB4313 - 24 - LRB104 17063 AAS 30478 b 1 physically separate from the alternative gas supplier or 2 the alternative gas supplier's marketing agent. Automated 3 third-party verification systems and 3-way conference 4 calls may be used for verification purposes so long as the 5 other requirements of this paragraph (2) are satisfied. An 6 alternative gas supplier or alternative gas supplier's 7 sales representative initiating a 3-way conference call or 8 a call through an automated verification system must drop 9 off the call once the 3-way connection has been 10 established. All third-party verification methods shall 11 elicit, at a minimum, the following information: 12 (A) the identity of the customer; 13 (B) confirmation that the person on the call is 14 authorized to make the provider change; 15 (C) confirmation that the person on the call wants 16 to make the provider change; 17 (D) the names of the providers affected by the 18 change; 19 (E) the service address of the service to be 20 switched; and 21 (F) the price of the service to be provided and the 22 material terms and conditions of the service being 23 offered, including whether any early termination fees 24 apply. 25 Third-party verifiers may not market the alternative 26 gas supplier's services by providing additional HB4313 - 25 - LRB104 17063 AAS 30478 b 1 information. All third-party verifications shall be 2 conducted in the same language that was used in the 3 underlying sales transaction and shall be recorded in 4 their entirety. Submitting alternative gas suppliers shall 5 maintain and preserve audio records of verification of 6 customer authorization for a minimum period of 2 years 7 after obtaining the verification. Automated systems must 8 provide customers with an option to speak with a live 9 person at any time during the call. 10 (3) The alternative gas supplier has obtained the 11 customer's authorization via an automated verification 12 system to change natural gas service via telephone. An 13 automated verification system is an electronic system 14 that, through pre-recorded prompts, elicits voice 15 responses, touchtone responses, or both, from the customer 16 and records both the prompts and the customer's responses. 17 Such authorization must elicit the information in 18 paragraph (2)(A) through (F) of this subsection (c). 19 Alternative gas suppliers electing to confirm sales 20 electronically through an automated verification system 21 shall establish one or more toll-free telephone numbers 22 exclusively for that purpose. Calls to the number or 23 numbers shall connect a customer to a voice response unit, 24 or similar mechanism, that makes a date-stamped, 25 time-stamped recording of the required information 26 regarding the alternative gas supplier change. HB4313 - 26 - LRB104 17063 AAS 30478 b 1 The alternative gas supplier shall not use such 2 electronic authorization systems to market its services. 3 (4) When a consumer initiates the call to the 4 prospective alternative gas supplier, in order to enroll 5 the consumer as a customer, the prospective alternative 6 gas supplier must, with the consent of the customer, make 7 a date-stamped, time-stamped audio recording that elicits, 8 at a minimum, the following information: 9 (A) the identity of the customer; 10 (B) confirmation that the person on the call is 11 authorized to make the provider change; 12 (C) confirmation that the person on the call wants 13 to make the provider change; 14 (D) the names of the providers affected by the 15 change; 16 (E) the service address of the service to be 17 switched; and 18 (F) the price of the service to be supplied and the 19 material terms and conditions of the service being 20 offered, including whether any early termination fees 21 apply. 22 Submitting alternative gas suppliers shall maintain 23 and preserve the audio records containing the information 24 set forth above for a minimum period of 2 years. 25 (5) In the event that a customer enrolls for service 26 from an alternative gas supplier via an Internet website, HB4313 - 27 - LRB104 17063 AAS 30478 b 1 the alternative gas supplier shall obtain an 2 electronically signed letter of agency in accordance with 3 paragraph (1) of this subsection (c) and any customer 4 information shall be protected in accordance with all 5 applicable statutes and regulations. In addition, an 6 alternative gas supplier shall provide the following when 7 marketing via an Internet website: 8 (A) The Internet enrollment website shall, at a 9 minimum, include: 10 (i) a copy of the alternative gas supplier's 11 customer contract that clearly and conspicuously 12 discloses all terms and conditions; and 13 (ii) a conspicuous prompt for the customer to 14 print or save a copy of the contract. 15 (B) Any electronic version of the contract shall 16 be identified by version number, in order to ensure 17 the ability to verify the particular contract to which 18 the customer assents. 19 (C) Throughout the duration of the alternative gas 20 supplier's contract with a customer, the alternative 21 gas supplier shall retain and, within 3 business days 22 of the customer's request, provide to the customer an 23 e-mail, paper, or facsimile of the terms and 24 conditions of the numbered contract version to which 25 the customer assents. 26 (D) The alternative gas supplier shall provide a HB4313 - 28 - LRB104 17063 AAS 30478 b 1 mechanism by which both the submission and receipt of 2 the electronic letter of agency are recorded by time 3 and date. 4 (E) After the customer completes the electronic 5 letter of agency, the alternative gas supplier shall 6 disclose conspicuously through its website that the 7 customer has been enrolled, and the alternative gas 8 supplier shall provide the customer an enrollment 9 confirmation number. 10 (6) When a customer is solicited in person by the 11 alternative gas supplier's sales agent, the alternative 12 gas supplier may only obtain the customer's authorization 13 to change natural gas service through the method provided 14 for in paragraph (2) of this subsection (c). 15 Alternative gas suppliers must be in compliance with this 16 subsection (c) within 90 days after the effective date of this 17 amendatory Act of the 95th General Assembly. 18 (d) Complaints may be filed with the Commission under this 19 Section by a customer whose natural gas service has been 20 provided by an alternative gas supplier in a manner not in 21 compliance with subsection (c) of this Section. If, after 22 notice and hearing, the Commission finds that an alternative 23 gas supplier has violated subsection (c), then the Commission 24 may in its discretion do any one or more of the following: 25 (1) Require the violating alternative gas supplier to 26 refund the customer charges collected in excess of those HB4313 - 29 - LRB104 17063 AAS 30478 b 1 that would have been charged by the customer's authorized 2 natural gas provider. 3 (2) Require the violating alternative gas supplier to 4 pay to the customer's authorized natural gas provider the 5 amount the authorized natural gas provider would have 6 collected for natural gas service. The Commission is 7 authorized to reduce this payment by any amount already 8 paid by the violating alternative gas supplier to the 9 customer's authorized natural gas provider. 10 (3) Require the violating alternative gas supplier to 11 pay a fine of up to $1,000 into the Public Utility Fund for 12 each repeated and intentional violation of this Section. 13 (4) Issue a cease and desist order. 14 (5) For a pattern of violation of this Section or for 15 intentionally violating a cease and desist order, revoke 16 the violating alternative gas supplier's certificate of 17 service authority. 18 (e) No alternative gas supplier shall: 19 (1) enter into or employ any arrangements which have 20 the effect of preventing any customer from having access 21 to the services of the gas utility in whose service area 22 the customer is located; 23 (2) charge customers for such access; 24 (3) bill for goods or services not authorized by the 25 customer; or 26 (4) bill for a disputed amount where the alternative HB4313 - 30 - LRB104 17063 AAS 30478 b 1 gas supplier has been provided notice of such dispute. The 2 supplier shall attempt to resolve a dispute with the 3 customer. When the dispute is not resolved to the 4 customer's satisfaction, the supplier shall inform the 5 customer of the right to file an informal complaint with 6 the Commission and provide contact information. While the 7 pending dispute is active at the Commission, an 8 alternative gas supplier may bill only for the undisputed 9 amount until the Commission has taken final action on the 10 complaint. 11 (f) An alternative gas supplier that is certified to serve 12 residential or small commercial customers shall not: 13 (1) deny service to a customer or group of customers 14 nor establish any differences as to prices, terms, 15 conditions, services, products, facilities, or in any 16 other respect, whereby such denial or differences are 17 based upon race, gender, or income, except as provided in 18 Section 19-116; 19 (2) deny service based on locality, nor establish any 20 unreasonable difference as to prices, terms, conditions, 21 services, products, or facilities as between localities; 22 (3) include in any agreement a provision that 23 obligates a customer to the terms of the agreement if the 24 customer (i) moves outside the State of Illinois; (ii) 25 moves to a location without a transportation service 26 program; or (iii) moves to a location where the customer HB4313 - 31 - LRB104 17063 AAS 30478 b 1 will not require natural gas service, provided that 2 nothing in this subsection precludes an alternative gas 3 supplier from taking any action otherwise available to it 4 to collect a debt that arises out of service provided to 5 the customer before the customer moved; or 6 (4) assign the agreement to any alternative natural 7 gas supplier, unless: 8 (A) the supplier is an alternative gas supplier 9 certified by the Commission; 10 (B) the rates, terms, and conditions of the 11 agreement being assigned do not change during the 12 remainder of the time covered by the agreement; 13 (C) the customer is given no less than 30 days 14 prior written notice of the assignment and contact 15 information for the new supplier; and 16 (D) the supplier assigning the contract provides 17 contact information that a customer can use to resolve 18 a dispute. 19 (g) An alternative gas supplier shall comply with the 20 following requirements with respect to the marketing, 21 offering, and provision of products or services: 22 (1) All marketing materials, including, but not 23 limited to, electronic marketing materials, in-person 24 solicitations, and telephone solicitations, concerning 25 prices, terms, and conditions of service shall contain 26 information that adequately discloses the prices, terms, HB4313 - 32 - LRB104 17063 AAS 30478 b 1 and conditions of the products or services and shall 2 disclose the utility gas supply cost rates per therm price 3 available from the Illinois Commerce Commission website 4 applicable at the time the alternative gas supplier is 5 offering or selling the products or services to the 6 customer and shall disclose the date on which the utility 7 gas supply cost rates per therm became effective and the 8 date on which they will expire. All marketing materials, 9 including, but not limited to, electronic marketing 10 materials, in-person solicitations, and telephone 11 solicitations, shall include the following statement: 12 "(Name of the alternative gas supplier) is not the 13 same entity as your gas delivery company. You are not 14 required to enroll with (name of alternative gas 15 supplier). Beginning on (effective date), the utility 16 gas supply cost rate per therm is (cost). The utility 17 gas supply cost will expire on (expiration date). For 18 more information go to the Illinois Commerce 19 Commission's free website at 20 www.icc.illinois.gov/ags/consumereducation.aspx.". 21 This paragraph (1) does not apply to goodwill or 22 institutional advertising. 23 (2) Before any customer is switched from another 24 supplier, the alternative gas supplier shall give the 25 customer written information that clearly and 26 conspicuously discloses, in plain language, the prices, HB4313 - 33 - LRB104 17063 AAS 30478 b 1 terms, and conditions of the products and services being 2 offered and sold to the customer. This written information 3 shall be provided in a language in which the customer 4 subject to the marketing or solicitation is able to 5 understand and communicate, and the alternative gas 6 supplier shall not switch a customer who is unable to 7 understand and communicate in a language in which the 8 marketing or solicitation was conducted. The alternative 9 gas supplier shall comply with Section 2N of the Consumer 10 Fraud and Deceptive Business Practices Act. Nothing in 11 this paragraph (2) may be read to relieve an alternative 12 gas supplier from the duties imposed on it by item (3) of 13 subsection (c) of Section 2DDD of the Consumer Fraud and 14 Deceptive Business Practices Act. 15 (3) The alternative gas supplier shall provide to the 16 customer: 17 (A) accurate, timely, and itemized billing 18 statements that describe the products and services 19 provided to the customer and their prices and that 20 specify the gas consumption amount and any service 21 charges and taxes; provided that this item (g)(3)(A) 22 does not apply to small commercial customers; 23 (B) billing statements that clearly and 24 conspicuously discloses the name and contact 25 information for the alternative gas supplier; 26 (C) an additional statement, at least annually, HB4313 - 34 - LRB104 17063 AAS 30478 b 1 that adequately discloses the average monthly prices, 2 and the terms and conditions, of the products and 3 services sold to the customer; provided that this item 4 (g)(3)(C) does not apply to small commercial 5 customers; 6 (D) refunds of any deposits with interest within 7 30 days after the date that the customer changes gas 8 suppliers or discontinues service if the customer has 9 satisfied all of his or her outstanding financial 10 obligations to the alternative gas supplier at an 11 interest rate set by the Commission which shall be the 12 same as that required of gas utilities; and 13 (E) refunds, in a timely fashion, of all 14 undisputed overpayments upon the oral or written 15 request of the customer. 16 (4) An alternative gas supplier and its sales agents 17 shall refrain from any direct marketing or soliciting to 18 consumers on the gas utility's "Do Not Contact List", 19 which the alternative gas supplier shall obtain on the 20 15th calendar day of the month from the gas utility in 21 whose service area the consumer is provided with gas 22 service. If the 15th calendar day is a non-business day, 23 then the alternative gas supplier shall obtain the list on 24 the next business day following the 15th calendar day of 25 that month. 26 (5) Early Termination. HB4313 - 35 - LRB104 17063 AAS 30478 b 1 (A) Any agreement that contains an early 2 termination clause shall disclose the amount of the 3 early termination fee, provided that any early 4 termination fee or penalty shall not exceed $50 total, 5 regardless of whether or not the agreement is a 6 multiyear agreement. 7 (B) In any agreement that contains an early 8 termination clause, an alternative gas supplier shall 9 provide the customer the opportunity to terminate the 10 agreement without any termination fee or penalty 11 within 10 business days after the date of the first 12 bill issued to the customer for products or services 13 provided by the alternative gas supplier. The 14 agreement shall disclose the opportunity and provide a 15 toll-free phone number that the customer may call in 16 order to terminate the agreement. Beginning January 1, 17 2020, residential and small commercial customers shall 18 have a right to terminate their agreements with 19 alternative gas suppliers at any time without any 20 termination fees or penalties. 21 (6) Within 2 business days after electronic receipt of 22 a customer switch from the alternative gas supplier and 23 confirmation of eligibility, the gas utility shall provide 24 the customer written notice confirming the switch. The gas 25 utility shall not switch the service until 10 business 26 days after the date on the notice to the customer. HB4313 - 36 - LRB104 17063 AAS 30478 b 1 (7) The alternative gas supplier shall provide each 2 customer the opportunity to rescind its agreement without 3 penalty within 10 business days after the date on the gas 4 utility notice to the customer. The alternative gas 5 supplier shall disclose all of the following: 6 (A) that the gas utility shall send a notice 7 confirming the switch; 8 (B) that from the date the utility issues the 9 notice confirming the switch, the customer shall have 10 10 business days to rescind the switch without 11 penalty; 12 (C) that the customer shall contact the gas 13 utility or the alternative gas supplier to rescind the 14 switch; and 15 (D) the contact information for the gas utility. 16 The alternative gas supplier disclosure shall be 17 included in its sales solicitations, contracts, and all 18 applicable sales verification scripts. 19 (8) All in-person and telephone solicitations shall be 20 conducted in, translated into, and provided in a language 21 in which the consumer subject to the marketing or 22 solicitation is able to understand and communicate. An 23 alternative gas supplier shall terminate a solicitation if 24 the consumer subject to the marketing or communication is 25 unable to understand and communicate in the language in 26 which the marketing or solicitation is being conducted. An HB4313 - 37 - LRB104 17063 AAS 30478 b 1 alternative gas supplier shall comply with Section 2N of 2 the Consumer Fraud and Deceptive Business Practices Act. 3 (9) An alternative gas supplier shall not pay a 4 commission or any other incentive-based compensation to a 5 sales agent who is engaged in in-person solicitation or 6 telemarketing on behalf of the alternative gas supplier. 7 (10) An alternative gas supplier shall not charge a 8 rate that is more than 25% higher than the current monthly 9 gas supply rate to a residential or small commercial 10 customer at any time. 11 (h) An alternative gas supplier may limit the overall size 12 or availability of a service offering by specifying one or 13 more of the following: 14 (1) a maximum number of customers and maximum amount 15 of gas load to be served; 16 (2) time period during which the offering will be 17 available; or 18 (3) other comparable limitation, but not including the 19 geographic locations of customers within the area which 20 the alternative gas supplier is certificated to serve. 21 The alternative gas supplier shall file the terms and 22 conditions of such service offering including the applicable 23 limitations with the Commission prior to making the service 24 offering available to customers. 25 (i) Nothing in this Section shall be construed as 26 preventing an alternative gas supplier that is an affiliate HB4313 - 38 - LRB104 17063 AAS 30478 b 1 of, or which contracts with, (i) an industry or trade 2 organization or association, (ii) a membership organization or 3 association that exists for a purpose other than the purchase 4 of gas, or (iii) another organization that meets criteria 5 established in a rule adopted by the Commission from offering 6 through the organization or association services at prices, 7 terms and conditions that are available solely to the members 8 of the organization or association. 9 (Source: P.A. 101-590, eff. 1-1-20; 102-459, eff. 8-20-21.) 10 Section 10. The Consumer Fraud and Deceptive Business 11 Practices Act is amended by changing Sections 2EE and 2DDD as 12 follows: 13 (815 ILCS 505/2EE) 14 Sec. 2EE. Alternative retail electric supplier selection. 15 (a) An alternative retail electric supplier shall not 16 submit or execute a change in a consumer's selection of a 17 provider of electric service unless and until: 18 (i) the alternative retail electric supplier first 19 discloses all material terms and conditions of the offer 20 to the consumer; 21 (ii) if the consumer is a small commercial retail 22 customer as that term is defined in subsection (c) of this 23 Section or a residential consumer, the alternative retail 24 electric supplier discloses the utility electric supply HB4313 - 39 - LRB104 17063 AAS 30478 b 1 price to compare, which shall be the sum of the electric 2 supply charge and the transmission services charge, and 3 shall not include the purchased electricity adjustment, 4 applicable at the time the offer is made to the consumer; 5 (iii) if the consumer is a small commercial retail 6 customer as that term is defined in subsection (c) of this 7 Section or a residential consumer, the alternative retail 8 electric provider discloses the following statement: 9 "(Name of the alternative retail electric 10 supplier) is not the same entity as your electric 11 delivery company. You are not required to enroll with 12 (name of alternative retail electric supplier). As of 13 (effective date), the electric supply price to compare 14 is currently (price in cents per kilowatt hour). The 15 electric utility electric supply price will expire on 16 (expiration date). The utility electric supply price 17 to compare does not include the purchased electricity 18 adjustment factor. For more information go to the 19 Illinois Commerce Commission's free website at 20 www.pluginillinois.org.". 21 If applicable, the statement shall include the 22 following statement: 23 "The purchased electricity adjustment factor may 24 range between +.5 cents and -.5 cents per kilowatt 25 hour."; 26 (iv) the alternative retail electric supplier has HB4313 - 40 - LRB104 17063 AAS 30478 b 1 obtained the consumer's express agreement to accept the 2 offer after the disclosure of all material terms and 3 conditions of the offer; and 4 (v) the alternative retail electric supplier has 5 confirmed the request for a change in accordance with one 6 of the following procedures: 7 (A) The new alternative retail electric supplier 8 has obtained the consumer's written or electronically 9 signed authorization in a form that meets the 10 following requirements: 11 (1) An alternative retail electric supplier 12 shall obtain any necessary written or 13 electronically signed authorization from a 14 consumer for a change in electric service by using 15 a letter of agency as specified in this Section. 16 Any letter of agency that does not conform with 17 this Section is invalid. 18 (2) The letter of agency shall be a separate 19 document (an easily separable document containing 20 only the authorization language described in 21 subparagraph (5)) whose sole purpose is to 22 authorize an electric service provider change. The 23 letter of agency must be signed and dated by the 24 consumer requesting the electric service provider 25 change. 26 (3) The letter of agency shall not be combined HB4313 - 41 - LRB104 17063 AAS 30478 b 1 with inducements of any kind on the same document. 2 (4) Notwithstanding subparagraphs (1) and (2), 3 the letter of agency may be combined with checks 4 that contain only the required letter of agency 5 language prescribed in subparagraph (5) and the 6 necessary information to make the check a 7 negotiable instrument. The letter of agency check 8 shall not contain any promotional language or 9 material. The letter of agency check shall contain 10 in easily readable, bold-face type on the face of 11 the check, a notice that the consumer is 12 authorizing an electric service provider change by 13 signing the check. The letter of agency language 14 also shall be placed near the signature line on 15 the back of the check. 16 (5) At a minimum, the letter of agency must be 17 printed with a print of sufficient size to be 18 clearly legible, and must contain clear and 19 unambiguous language that confirms: 20 (i) The consumer's billing name and 21 address; 22 (ii) The decision to change the electric 23 service provider from the current provider to 24 the prospective provider; 25 (iii) The terms, conditions, and nature of 26 the service to be provided to the consumer HB4313 - 42 - LRB104 17063 AAS 30478 b 1 must be clearly and conspicuously disclosed, 2 in writing, and an alternative retail electric 3 supplier must directly establish the rates for 4 the service contracted for by the consumer; 5 and 6 (iv) That the consumer understand that any 7 alternative retail electric supplier selection 8 the consumer chooses may involve a charge to 9 the consumer for changing the consumer's 10 electric service provider. 11 (6) Letters of agency shall not suggest or 12 require that a consumer take some action in order 13 to retain the consumer's current electric service 14 provider. 15 (7) If any portion of a letter of agency is 16 translated into another language, then all 17 portions of the letter of agency must be 18 translated into that language. 19 (B) An appropriately qualified independent third 20 party has obtained, in accordance with the procedures 21 set forth in this subsection (b), the consumer's oral 22 authorization to change electric suppliers that 23 confirms and includes appropriate verification data. 24 The independent third party (i) must not be owned, 25 managed, controlled, or directed by the supplier or 26 the supplier's marketing agent; (ii) must not have any HB4313 - 43 - LRB104 17063 AAS 30478 b 1 financial incentive to confirm supplier change 2 requests for the supplier or the supplier's marketing 3 agent; and (iii) must operate in a location physically 4 separate from the supplier or the supplier's marketing 5 agent. 6 Automated third-party verification systems and 7 3-way conference calls may be used for verification 8 purposes so long as the other requirements of this 9 subsection (b) are satisfied. 10 A supplier or supplier's sales representative 11 initiating a 3-way conference call or a call through 12 an automated verification system must drop off the 13 call once the 3-way connection has been established. 14 All third-party verification methods shall elicit, 15 at a minimum, the following information: (i) the 16 identity of the consumer; (ii) confirmation that the 17 person on the call is the account holder, has been 18 specifically and explicitly authorized by the account 19 holder, or possesses lawful authority to make the 20 supplier change; (iii) confirmation that the person on 21 the call wants to make the supplier change; (iv) the 22 names of the suppliers affected by the change; (v) the 23 service address of the supply to be switched; and (vi) 24 the price of the service to be supplied and the 25 material terms and conditions of the service being 26 offered, including whether any early termination fees HB4313 - 44 - LRB104 17063 AAS 30478 b 1 apply. Third-party verifiers may not market the 2 supplier's services by providing additional 3 information, including information regarding 4 procedures to block or otherwise freeze an account 5 against further changes. 6 All third-party verifications shall be conducted 7 in the same language that was used in the underlying 8 sales transaction and shall be recorded in their 9 entirety. Submitting suppliers shall maintain and 10 preserve audio records of verification of subscriber 11 authorization for a minimum period of 2 years after 12 obtaining the verification. Automated systems must 13 provide consumers with an option to speak with a live 14 person at any time during the call. Each disclosure 15 made during the third-party verification must be made 16 individually to obtain clear acknowledgment of each 17 disclosure. The alternative retail electric supplier 18 must be in a location where he or she cannot hear the 19 customer while the third-party verification is 20 conducted. The alternative retail electric supplier 21 shall not contact the customer after the third-party 22 verification for a period of 24 hours unless the 23 customer initiates the contact. 24 (C) When a consumer initiates the call to the 25 prospective alternative retail electric supplier, in 26 order to enroll the consumer as a customer, the HB4313 - 45 - LRB104 17063 AAS 30478 b 1 prospective alternative retail electric supplier must, 2 with the consent of the customer, make a date-stamped, 3 time-stamped audio recording that elicits, at a 4 minimum, the following information: 5 (1) the identity of the customer; 6 (2) confirmation that the person on the call 7 is authorized to make the supplier change; 8 (3) confirmation that the person on the call 9 wants to make the supplier change; 10 (4) the names of the suppliers affected by the 11 change; 12 (5) the service address of the supply to be 13 switched; and 14 (6) the price of the service to be supplied 15 and the material terms and conditions of the 16 service being offered, including whether any early 17 termination fees apply. 18 Submitting suppliers shall maintain and preserve 19 the audio records containing the information set forth 20 above for a minimum period of 2 years. 21 (b)(1) An alternative retail electric supplier shall not 22 utilize the name of a public utility in any manner that is 23 deceptive or misleading, including, but not limited to, 24 implying or otherwise leading a consumer to believe that an 25 alternative retail electric supplier is soliciting on behalf 26 of or is an agent of a utility. An alternative retail electric HB4313 - 46 - LRB104 17063 AAS 30478 b 1 supplier shall not utilize the name, or any other identifying 2 insignia, graphics, or wording that has been used at any time 3 to represent a public utility company or its services, to 4 identify, label, or define any of its electric power and 5 energy service offers. An alternative retail electric supplier 6 may state the name of a public electric utility in order to 7 accurately describe the electric utility service territories 8 in which the supplier is currently offering an electric power 9 and energy service. An alternative retail electric supplier 10 that is the affiliate of an Illinois public utility and that 11 was doing business in Illinois providing alternative retail 12 electric service on January 1, 2016 may continue to use that 13 public utility's name, logo, identifying insignia, graphics, 14 or wording in its business operations occurring outside the 15 service territory of the public utility with which it is 16 affiliated. 17 (2) An alternative retail electric supplier shall not 18 state or otherwise imply that the alternative retail electric 19 supplier is employed by, representing, endorsed by, or acting 20 on behalf of a utility or utility program, a consumer group or 21 consumer group program, or a governmental body, unless the 22 alternative retail electric supplier has entered into a 23 contractual arrangement with the governmental body and has 24 been authorized by the governmental body to make the 25 statements. 26 (c) An alternative retail electric supplier shall not HB4313 - 47 - LRB104 17063 AAS 30478 b 1 submit or execute a change in a consumer's selection of a 2 provider of electric service unless the alternative retail 3 electric supplier complies with the following requirements of 4 this subsection (c). It is a violation of this Section for an 5 alternative retail electric supplier to fail to comply with 6 this subsection (c). The requirements of this subsection (c) 7 shall only apply to residential and small commercial retail 8 customers. For purposes of this subsection (c) only, "small 9 commercial retail customer" has the meaning given to that term 10 in Section 16-102 of the Public Utilities Act. 11 (1) During a solicitation an alternative retail 12 electric supplier shall state that he or represents an 13 independent seller of electric power and energy service 14 certified by the Illinois Commerce Commission and that he 15 or she is not employed by, representing, endorsed by, or 16 acting on behalf of, a utility, or a utility program, a 17 consumer group or consumer group program, or a 18 governmental body, unless the alternative retail electric 19 supplier has entered into a contractual arrangement with 20 the governmental body and has been authorized with the 21 governmental body to make the statements. 22 (2) Alternative retail electric suppliers who engage 23 in in-person solicitation for the purpose of selling 24 electric power and energy service offered by the 25 alternative retail electric supplier shall display 26 identification on an outer garment. This identification HB4313 - 48 - LRB104 17063 AAS 30478 b 1 shall be visible at all times and prominently display the 2 following: (i) the alternative retail electric supplier 3 agent's full name in reasonable size font; (ii) an agent 4 identification number; (iii) a photograph of the 5 alternative retail electric supplier agent; and (iv) the 6 trade name and logo of the alternative retail electric 7 supplier the agent is representing. If the agent is 8 selling electric power and energy services from multiple 9 alternative retail electric suppliers to the consumer, the 10 identification shall display the trade name and logo of 11 the agent, broker, or consultant entity as that entity is 12 defined in Section 16-115C of the Public Utilities Act. An 13 alternative retail electric supplier shall leave the 14 premises at the consumer's, owner's, or occupant's 15 request. A copy of the Uniform Disclosure Statement 16 described in 83 Ill. Adm. Code 412.115 and 412.Appendix A 17 is to be left with the consumer, at the conclusion of the 18 visit unless the consumer refuses to accept a copy. An 19 alternative retail electric supplier may provide the 20 Uniform Disclosure Statement electronically instead of in 21 paper form to a consumer upon that customer's request. The 22 alternative retail electric supplier shall also offer to 23 the consumer, at the time of the initiation of the 24 solicitation, a business card or other material that lists 25 the agent's name, identification number and title, and the 26 alternative retail electric supplier's name and contact HB4313 - 49 - LRB104 17063 AAS 30478 b 1 information, including phone number. The alternative 2 retail electric supplier shall not conduct any in-person 3 solicitations of consumers at any building or premises 4 where any sign, notice, or declaration of any description 5 whatsoever is posted that prohibits sales, marketing, or 6 solicitations. The alternative retail electric supplier 7 shall obtain consent to enter multi-unit residential 8 dwellings. Consent obtained to enter a multi-unit dwelling 9 from one prospective customer or occupant of the dwelling 10 shall not constitute consent to market to any other 11 prospective consumers without separate consent. 12 (3) An alternative retail electric supplier who 13 contacts consumers by telephone for the purpose of selling 14 electric power and energy service shall provide the 15 agent's name and identification number. Any telemarketing 16 solicitations that lead to a telephone enrollment of a 17 consumer must be recorded and retained for a minimum of 2 18 years. All telemarketing calls of consumers that do not 19 lead to a telephone enrollment, but last at least 2 20 minutes, shall be recorded and retained for a minimum of 6 21 months. 22 (4) During an inbound enrollment call, an alternative 23 retail electric supplier shall state that he or she 24 represents an independent seller of electric power and 25 energy service certified by the Illinois Commerce 26 Commission. All inbound enrollment calls that lead to an HB4313 - 50 - LRB104 17063 AAS 30478 b 1 enrollment shall be recorded, and the recordings shall be 2 retained for a minimum of 2 years. An inbound enrollment 3 call that does not lead to an enrollment, but lasts at 4 least 2 minutes, shall be retained for a minimum of 6 5 months. The alternative retail electric supplier shall 6 send the Uniform Disclosure Statement and contract to the 7 customer within 3 business days after the electric 8 utility's confirmation to the alternative retail electric 9 supplier of an accepted enrollment. 10 (5) If a direct mail solicitation to a consumer 11 includes a written letter of agency, it shall include the 12 Uniform Disclosure Statement described in 83 Ill. Adm. 13 Code 412.115 and 412.Appendix A. The Uniform Disclosure 14 Statement shall be provided on a separate page from the 15 other marketing materials included in the direct mail 16 solicitation. If a written letter of agency is being used 17 to authorize a consumer's enrollment, the written letter 18 of agency shall comply with this Section. A copy of the 19 contract must be sent to the consumer within 3 business 20 days after the electric utility's confirmation to the 21 alternative retail electric supplier of an accepted 22 enrollment. 23 (6) Online Solicitation. 24 (A) Each alternative retail electric supplier 25 offering electric power and energy service to 26 consumers online shall clearly and conspicuously make HB4313 - 51 - LRB104 17063 AAS 30478 b 1 all disclosures for any services offered through 2 online enrollment before requiring the consumer to 3 enter any personal information other than zip code, 4 electric utility service territory, or type of service 5 sought. 6 (B) Notwithstanding any requirements in this 7 Section to the contrary, an alternative retail 8 electric supplier may secure consent from the consumer 9 to obtain customer-specific billing and usage 10 information for the sole purpose of determining and 11 pricing a product through a letter of agency or method 12 approved through an Illinois Commerce Commission 13 docket before making all disclosure for services 14 offered through online enrollment. It is a violation 15 of this Act for an alternative retail electric 16 supplier to use a consumer's utility account number to 17 execute or change a consumer's enrollment unless the 18 consumer expressly consents to that enrollment as 19 required by law. 20 (C) The enrollment website of the alternative 21 retail electric supplier shall, at a minimum, include: 22 (i) disclosure of all material terms and conditions of 23 the offer; (ii) a statement that electronic acceptance 24 of the terms and conditions is an agreement to 25 initiate service and begin enrollment; (iii) a 26 statement that the consumer shall review the contract HB4313 - 52 - LRB104 17063 AAS 30478 b 1 or contact the current supplier to learn if any early 2 termination fees are applicable; and (iv) an email 3 address and toll-free phone number of the alternative 4 retail electric supplier where the customer can 5 express a decision to rescind the contract. 6 (7)(A) Beginning January 1, 2020, an alternative 7 retail electric supplier shall not sell or offer to sell 8 any products or services to a consumer pursuant to a 9 contract in which the contract automatically renews, 10 unless an alternative retail electric supplier provides to 11 the consumer at the outset of the offer, in addition to 12 other disclosures required by law, a separate written 13 statement titled "Automatic Contract Renewal" that clearly 14 and conspicuously discloses in bold lettering in at least 15 12-point font the terms and conditions of the automatic 16 contract renewal provision, including: (i) the estimated 17 bill cycle on which the initial contract term expires and 18 a statement that it could be later based on when the 19 utility accepts the initial enrollment; (ii) the estimated 20 bill cycle on which the new contract term begins and a 21 statement that it will immediately follow the last billing 22 cycle of the current term; (iii) the procedure to 23 terminate the contract before the new contract term 24 applies; and (iv) the cancellation procedure. If the 25 alternative retail electric supplier sells or offers to 26 sell the products or services to a consumer during an HB4313 - 53 - LRB104 17063 AAS 30478 b 1 in-person solicitation or telemarketing solicitation, the 2 disclosures described in this subparagraph (A) shall also 3 be made to the consumer verbally during the solicitation. 4 Nothing in this subparagraph (A) shall be construed to 5 apply to contracts entered into before January 1, 2020. 6 (B) At least 30 days before, but not more than 60 7 days prior, to the end of the initial contract term, in 8 any and all contracts that automatically renew after 9 the initial term, the alternative retail electric 10 supplier shall send, in addition to other disclosures 11 required by law, a separate written notice of the 12 contract renewal to the consumer that clearly and 13 conspicuously discloses the following: 14 (i) a statement printed or visible from the 15 outside of the envelope or in the subject line of 16 the email, if the customer has agreed to receive 17 official documents by email, that states "Contract 18 Renewal Notice"; 19 (ii) a statement in bold lettering, in at 20 least 12-point font, that the contract will 21 automatically renew unless the customer cancels 22 it; 23 (iii) the billing cycle in which service under 24 the current term will expire; 25 (iv) the billing cycle in which service under 26 the new term will begin; HB4313 - 54 - LRB104 17063 AAS 30478 b 1 (v) the process and options available to the 2 consumer to reject the new contract terms; 3 (vi) the cancellation process if the 4 consumer's contract automatically renews before 5 the consumer rejects the new contract terms; 6 (vii) the terms and conditions of the new 7 contract term; 8 (viii) for a fixed rate contract, a 9 side-by-side comparison of the current price and 10 the new price; for a variable rate contract or 11 time-of-use product in which the first month's 12 renewal price can be determined, a side-by-side 13 comparison of the current price and the price for 14 the first month of the new variable or time-of-use 15 price; or for a variable or time-of-use contract 16 based on a publicly available index, a 17 side-by-side comparison of the current formula and 18 the new formula; and 19 (ix) the phone number and Internet address to 20 submit a consumer inquiry or complaint to the 21 Illinois Commerce Commission and the Office of the 22 Attorney General. 23 (C) An alternative retail electric supplier shall 24 not automatically renew a consumer's enrollment after 25 the current term of the contract expires when the 26 current term of the contract provides that the HB4313 - 55 - LRB104 17063 AAS 30478 b 1 consumer will be charged a fixed rate and the renewed 2 contract provides that the consumer will be charged a 3 variable rate, unless: (i) the alternative retail 4 electric supplier complies with subparagraphs (A) and 5 (B); and (ii) the customer expressly consents to the 6 contract renewal in writing or by electronic signature 7 at least 30 days, but no more than 60 days, before the 8 contract expires. 9 (C-5) An alternative retail electric supplier 10 shall not automatically renew a consumer's enrollment 11 after the current term of the contract expires when 12 the renewed contract provides that the consumer will 13 be charged a rate that is higher than the consumer's 14 current contract rate unless: (i) the alternative 15 retail electric supplier complies with subparagraphs 16 (A) and (B); and (ii) the customer expressly consents 17 to the contract renewal in writing or by electronic 18 signature at least 30 days, but no more than 60 days, 19 before the contract expires. 20 (D) This paragraph (7) does not apply to customers 21 enrolled in a municipal aggregation program pursuant 22 to Section 1-92 of the Illinois Power Agency Act. 23 (8) All in-person and telephone solicitations shall be 24 conducted in, translated into, and provided in a language 25 in which the consumer subject to the marketing or 26 solicitation is able to understand and communicate. An HB4313 - 56 - LRB104 17063 AAS 30478 b 1 alternative retail electric supplier shall terminate a 2 solicitation if the consumer subject to the marketing or 3 communication is unable to understand and communicate in 4 the language in which the marketing or solicitation is 5 being conducted. An alternative retail electric supplier 6 shall comply with Section 2N of this Act. 7 (9) Beginning January 1, 2020, consumers shall have 8 the right to terminate their contract with the alternative 9 retail electric supplier at any time without any 10 termination fees or penalties. 11 (10) An alternative retail electric supplier shall not 12 submit a change to a customer's electric service provider 13 in violation of Section 16-115E of the Public Utilities 14 Act. 15 (11) An alternative retail electric supplier shall not 16 pay a commission or any other incentive-based compensation 17 to an agent who is engaged in in-person solicitation or 18 telemarketing on behalf of the alternative retail electric 19 supplier. 20 (12) An alternative retail electric supplier shall not 21 charge a rate that is more than 25% higher than the current 22 electric supply price to any residential or small 23 commercial retail customer at any time. 24 (d) Complaints may be filed with the Illinois Commerce 25 Commission under this Section by a consumer whose electric 26 service has been provided by an alternative retail electric HB4313 - 57 - LRB104 17063 AAS 30478 b 1 supplier in a manner not in compliance with this Section or by 2 the Illinois Commerce Commission on its own motion when it 3 appears to the Commission that an alternative retail electric 4 supplier has provided service in a manner not in compliance 5 with this Section. If, after notice and hearing, the 6 Commission finds that an alternative retail electric supplier 7 has violated this Section, the Commission may in its 8 discretion do any one or more of the following: 9 (1) Require the violating alternative retail electric 10 supplier to refund to the consumer charges collected in 11 excess of those that would have been charged by the 12 consumer's authorized electric service provider. 13 (2) Require the violating alternative retail electric 14 supplier to pay to the consumer's authorized electric 15 service provider the amount the authorized electric 16 service provider would have collected for the electric 17 service. The Commission is authorized to reduce this 18 payment by any amount already paid by the violating 19 alternative retail electric supplier to the consumer's 20 authorized provider for electric service. 21 (3) Require the violating alternative retail electric 22 supplier to pay a fine of up to $10,000 into the Public 23 Utility Fund for each violation of this Section. 24 (4) Issue a cease and desist order. 25 (5) For a pattern of violation of this Section or for 26 violations that continue after a cease and desist order, HB4313 - 58 - LRB104 17063 AAS 30478 b 1 revoke the violating alternative retail electric 2 supplier's certificate of service authority. 3 (d-5)(1) Before an alternative retail electric supplier 4 may warrant that it has a residential customer or small 5 commercial retail customer's express consent agreement to 6 access interval data as described in subsection (b) of Section 7 16-122 of the Public Utilities Act, the alternative retail 8 electric supplier shall: (i) disclose to the consumer at the 9 outset of the offer that the alternative retail electric 10 supplier will access the consumer's interval data from the 11 consumer's utility with the consumer's express agreement, and 12 the consumer's option to refuse to provide express agreement 13 to access the consumer's interval data; and (ii) obtain the 14 consumer's express agreement for the alternative retail 15 electric supplier to access the consumer's interval data from 16 the consumer's utility in a separate letter of agency, a 17 distinct response to a third-party verification, or during a 18 recorded enrollment initiated by the consumer with the 19 consumer's consent. The disclosure by the alternative retail 20 electric supplier to the consumer in this Section shall be 21 conducted in, translated into, and provided in a language in 22 which the consumer subject to the disclosure is able to 23 understand and communicate. 24 (2) Before an alternative retail electric supplier may 25 warrant to an electric utility that it has an express 26 agreement from a residential customer or small commercial HB4313 - 59 - LRB104 17063 AAS 30478 b 1 retail customer who was enrolled with the alternative retail 2 electric supplier prior to the effective date of this 3 amendatory Act of the 103rd General Assembly to access the 4 consumer's interval data as described in subsection (b) of 5 Section 16-122 of the Public Utilities Act, an alternative 6 retail electric supplier shall: (i) disclose to the consumer 7 that the alternative retail electric supplier will access the 8 consumer's interval data from the consumer's utility with the 9 consumer's express agreement, which is a material change to 10 the consumer's existing contract terms, and the consumer's 11 option to refuse to provide express agreement to access the 12 consumer's interval data; and (ii) obtain the consumer's 13 express agreement for the alternative retail electric supplier 14 to change the consumer's material contract terms to access the 15 consumer's interval data from the consumer's utility in a 16 separate letter of agency, a distinct response to a 17 third-party verification, or during a recorded enrollment 18 initiated by the consumer with the consumer's consent. The 19 disclosure by the alternative retail electric supplier to the 20 consumer in this Section shall be conducted in, translated 21 into, and provided in a language in which the consumer subject 22 to the disclosure is able to understand and communicate. 23 (3) An alternative retail electric supplier may refuse to 24 enroll or may disenroll a residential customer or small 25 commercial retail customer in a product or service as 26 described in paragraph (4) of subsection (b) of Section 16-122 HB4313 - 60 - LRB104 17063 AAS 30478 b 1 of the Public Utilities Act if the residential customer or 2 small commercial retail customer does not provide or revokes 3 consent under this subsection. 4 (4) An alternative retail electric supplier shall not 5 warrant that it has a non residential customer's, other than a 6 small commercial retail customer, consent to access interval 7 data as described in subsection (b) of Section 16-122 of the 8 Public Utilities Act unless the contract between the 9 alternative retail electric supplier and the customer 10 explicitly provides the alternative retail electric supplier 11 with permission to access the customer's interval meter usage 12 data. An alternative retail electric supplier shall not 13 release, sell, license, or otherwise disclose any customer 14 interval data obtained under Section 16-122 of the Public 15 Utilities Act to any third person except as provided for in 16 Section 16-122 of the Public Utilities Act. 17 (e) For purposes of this Section: 18 "Electric service provider" shall have the meaning given 19 that phrase in Section 6.5 of the Attorney General Act. 20 "Alternative retail electric supplier" has the meaning 21 given to that term in Section 16-102 of the Public Utilities 22 Act. 23 (Source: P.A. 102-958, eff. 1-1-23; 103-154, eff. 6-30-23; 24 103-237, eff. 6-30-23.) 25 (815 ILCS 505/2DDD) HB4313 - 61 - LRB104 17063 AAS 30478 b 1 Sec. 2DDD. Alternative gas suppliers. 2 (a) Definitions. In this Section: 3 (1) "Alternative gas supplier" has the same meaning as 4 in Section 19-105 of the Public Utilities Act. 5 (2) "Gas utility" has the same meaning as in Section 6 19-105 of the Public Utilities Act. 7 (b) It is an unfair or deceptive act or practice within the 8 meaning of Section 2 of this Act for any person to violate any 9 provision of this Section. 10 (c) Marketing, offering, and provision of products or 11 services to customers Solicitation . 12 (1) An alternative gas supplier shall not utilize the 13 name of a public utility in any manner that is deceptive or 14 misleading, including, but not limited to, implying or 15 otherwise leading a customer to believe that an 16 alternative gas supplier is soliciting on behalf of or is 17 an agent of a utility. An alternative gas supplier shall 18 not utilize the name, or any other identifying insignia, 19 graphics, or wording, that has been used at any time to 20 represent a public utility company or its services or to 21 identify, label, or define any of its natural gas supply 22 offers and shall not misrepresent the affiliation of any 23 alternative supplier with the gas utility, governmental 24 bodies, or consumer groups. 25 (2) If any sales solicitation, agreement, contract, or 26 verification is translated into another language and HB4313 - 62 - LRB104 17063 AAS 30478 b 1 provided to a customer, all of the documents must be 2 provided to the customer in that other language. 3 (2.3) An alternative gas supplier shall state that it 4 represents an independent seller of gas certified by the 5 Illinois Commerce Commission and that he or she is not 6 employed by, representing, endorsed by, or acting on 7 behalf of a utility, or a utility program. 8 (2.5) All in-person and telephone solicitations shall 9 be conducted in, translated into, and provided in a 10 language in which the consumer subject to the marketing or 11 solicitation is able to understand and communicate. An 12 alternative gas supplier shall terminate a solicitation if 13 the consumer subject to the marketing or communication is 14 unable to understand and communicate in the language in 15 which the marketing or solicitation is being conducted. An 16 alternative gas supplier shall comply with Section 2N of 17 this Act. 18 (3) An alternative gas supplier shall clearly and 19 conspicuously disclose the following information to all 20 customers: 21 (A) the prices, terms, and conditions of the 22 products and services being sold to the customer; 23 (B) where the solicitation occurs in person, 24 including through door-to-door solicitation, the 25 salesperson's name; 26 (C) the alternative gas supplier's contact HB4313 - 63 - LRB104 17063 AAS 30478 b 1 information, including the address, phone number, and 2 website; 3 (D) contact information for the Illinois Commerce 4 Commission, including the toll-free number for 5 consumer complaints and website; 6 (E) a statement of the customer's right to rescind 7 the offer within 10 business days of the date on the 8 utility's notice confirming the customer's decision to 9 switch suppliers, as well as phone numbers for the 10 supplier and utility that the consumer may use to 11 rescind the contract; 12 (F) the amount of the early termination fee, if 13 any; and 14 (G) the utility gas supply cost rates per therm 15 price available from the Illinois Commerce Commission 16 website applicable at the time the alternative gas 17 supplier is offering or selling the products or 18 services to the customer and shall disclose the 19 following statement: 20 "(Name of the alternative gas supplier) is not the 21 same entity as your gas delivery company. You are not 22 required to enroll with (name of alternative retail 23 gas supplier). Beginning on (effective date), the 24 utility gas supply cost rate per therm is (cost). The 25 utility gas supply cost will expire on (expiration 26 date). For more information go to the Illinois HB4313 - 64 - LRB104 17063 AAS 30478 b 1 Commerce Commission's free website at 2 www.icc.illinois.gov/ags/consumereducation.aspx.". 3 (4) Except as provided in paragraph (5) of this 4 subsection (c), an alternative gas supplier shall send the 5 information described in paragraph (3) of this subsection 6 (c) to all customers within one business day of the 7 authorization of a switch. 8 (5) An alternative gas supplier engaging in 9 door-to-door solicitation of consumers shall provide the 10 information described in paragraph (3) of this subsection 11 (c) during all door-to-door solicitations that result in a 12 customer deciding to switch his or her supplier. 13 (6) An alternative gas supplier shall not pay a 14 commission or any other incentive-based compensation to a 15 salesperson who is engaged in in-person solicitation or 16 telemarketing on behalf of the alternative gas supplier. 17 (7) An alternative gas supplier shall not charge a 18 rate to a customer that is more than 25% higher than the 19 current monthly supply rate at any time. 20 (d) Customer Authorization. An alternative gas supplier 21 shall not submit or execute a change in a customer's selection 22 of a natural gas provider unless and until: (i) the 23 alternative gas supplier first discloses all material terms 24 and conditions of the offer to the customer; (ii) the 25 alternative gas supplier has obtained the customer's express 26 agreement to accept the offer after the disclosure of all HB4313 - 65 - LRB104 17063 AAS 30478 b 1 material terms and conditions of the offer; and (iii) the 2 alternative gas supplier has confirmed the request for a 3 change in accordance with one of the following procedures: 4 (1) The alternative gas supplier has obtained the 5 customer's written or electronically signed authorization 6 in a form that meets the following requirements: 7 (A) An alternative gas supplier shall obtain any 8 necessary written or electronically signed 9 authorization from a customer for a change in natural 10 gas service by using a letter of agency as specified in 11 this Section. Any letter of agency that does not 12 conform with this Section is invalid. 13 (B) The letter of agency shall be a separate 14 document (or an easily separable document containing 15 only the authorization language described in item (E) 16 of this paragraph (1)) whose sole purpose is to 17 authorize a natural gas provider change. The letter of 18 agency must be signed and dated by the customer 19 requesting the natural gas provider change. 20 (C) The letter of agency shall not be combined 21 with inducements of any kind on the same document. 22 (D) Notwithstanding items (A) and (B) of this 23 paragraph (1), the letter of agency may be combined 24 with checks that contain only the required letter of 25 agency language prescribed in item (E) of this 26 paragraph (1) and the necessary information to make HB4313 - 66 - LRB104 17063 AAS 30478 b 1 the check a negotiable instrument. The letter of 2 agency check shall not contain any promotional 3 language or material. The letter of agency check shall 4 contain in easily readable, bold face type on the face 5 of the check, a notice that the consumer is 6 authorizing a natural gas provider change by signing 7 the check. The letter of agency language also shall be 8 placed near the signature line on the back of the 9 check. 10 (E) At a minimum, the letter of agency must be 11 printed with a print of sufficient size to be clearly 12 legible, and must contain clear and unambiguous 13 language that confirms: 14 (i) the customer's billing name and address; 15 (ii) the decision to change the natural gas 16 provider from the current provider to the 17 prospective alternative gas supplier; 18 (iii) the terms, conditions, and nature of the 19 service to be provided to the customer, including, 20 but not limited to, the rates for the service 21 contracted for by the customer; and 22 (iv) that the customer understands that any 23 natural gas provider selection the customer 24 chooses may involve a charge to the customer for 25 changing the customer's natural gas provider. 26 (F) Letters of agency shall not suggest or require HB4313 - 67 - LRB104 17063 AAS 30478 b 1 that a customer take some action in order to retain the 2 customer's current natural gas provider. 3 (G) If any portion of a letter of agency is 4 translated into another language, then all portions of 5 the letter of agency must be translated into that 6 language. 7 (2) An appropriately qualified independent third party 8 has obtained, in accordance with the procedures set forth 9 in this paragraph (2), the customer's oral authorization 10 to change natural gas providers that confirms and includes 11 appropriate verification data. The independent third party 12 must: (i) not be owned, managed, controlled, or directed 13 by the alternative gas supplier or the alternative gas 14 supplier's marketing agent; (ii) not have any financial 15 incentive to confirm provider change requests for the 16 alternative gas supplier or the alternative gas supplier's 17 marketing agent; and (iii) operate in a location 18 physically separate from the alternative gas supplier or 19 the alternative gas supplier's marketing agent. Automated 20 third-party verification systems and 3-way conference 21 calls may be used for verification purposes so long as the 22 other requirements of this paragraph (2) are satisfied. An 23 alternative gas supplier or alternative gas supplier's 24 sales representative initiating a 3-way conference call or 25 a call through an automated verification system must drop 26 off the call once the 3-way connection has been HB4313 - 68 - LRB104 17063 AAS 30478 b 1 established. All third-party verification methods shall 2 elicit, at a minimum, the following information: 3 (A) the identity of the customer; 4 (B) confirmation that the person on the call is 5 authorized to make the provider change; 6 (C) confirmation that the person on the call wants 7 to make the provider change; 8 (D) the names of the providers affected by the 9 change; 10 (E) the service address of the service to be 11 switched; and 12 (F) the price of the service to be provided and the 13 material terms and conditions of the service being 14 offered, including whether any early termination fees 15 apply. 16 Third-party verifiers may not market the alternative 17 gas supplier's services. All third-party verifications 18 shall be conducted in the same language that was used in 19 the underlying sales transaction and shall be recorded in 20 their entirety. Submitting alternative gas suppliers shall 21 maintain and preserve audio records of verification of 22 customer authorization for a minimum period of 2 years 23 after obtaining the verification. Automated systems must 24 provide customers with an option to speak with a live 25 person at any time during the call. Each disclosure made 26 during the third-party verification must be made HB4313 - 69 - LRB104 17063 AAS 30478 b 1 individually to obtain clear acknowledgment of each 2 disclosure. The alternative gas supplier must be in a 3 location where he or she cannot hear the customer while 4 the third-party verification is conducted. The alternative 5 gas supplier shall not contact the customer after the 6 third-party verification for a period of 24 hours unless 7 the customer initiates the contact. 8 (3) The alternative gas supplier has obtained the 9 customer's electronic authorization to change natural gas 10 service via telephone. Such authorization must elicit the 11 information in subparagraphs (A) through (F) of paragraph 12 (2) of this subsection (d). Alternative gas suppliers 13 electing to confirm sales electronically shall establish 14 one or more toll-free telephone numbers exclusively for 15 that purpose. Calls to the number or numbers shall connect 16 a customer to a voice response unit, or similar mechanism, 17 that makes a date-stamped, time-stamped recording of the 18 required information regarding the alternative gas 19 supplier change. 20 The alternative gas supplier shall not use such 21 electronic authorization systems to market its services. 22 (4) When a consumer initiates the call to the 23 prospective alternative gas supplier, in order to enroll 24 the consumer as a customer, the prospective alternative 25 gas supplier must, with the consent of the customer, make 26 a date-stamped, time-stamped audio recording that elicits, HB4313 - 70 - LRB104 17063 AAS 30478 b 1 at a minimum, the following information: 2 (A) the identity of the customer; 3 (B) confirmation that the person on the call is 4 authorized to make the provider change; 5 (C) confirmation that the person on the call wants 6 to make the provider change; 7 (D) the names of the providers affected by the 8 change; 9 (E) the service address of the service to be 10 switched; and 11 (F) the price of the service to be supplied and the 12 material terms and conditions of the service being 13 offered, including whether any early termination fees 14 apply. 15 Submitting alternative gas suppliers shall maintain 16 and preserve the audio records containing the information 17 set forth above for a minimum period of 2 years. 18 (5) In the event that a customer enrolls for service 19 from an alternative gas supplier via an Internet website, 20 the alternative gas supplier shall obtain an 21 electronically signed letter of agency in accordance with 22 paragraph (1) of this subsection (d) and any customer 23 information shall be protected in accordance with all 24 applicable statutes and rules. In addition, an alternative 25 gas supplier shall provide the following when marketing 26 via an Internet website: HB4313 - 71 - LRB104 17063 AAS 30478 b 1 (A) The Internet enrollment website shall, at a 2 minimum, include: 3 (i) a copy of the alternative gas supplier's 4 customer contract, which clearly and conspicuously 5 discloses all terms and conditions; and 6 (ii) a conspicuous prompt for the customer to 7 print or save a copy of the contract. 8 (B) Any electronic version of the contract shall 9 be identified by version number, in order to ensure 10 the ability to verify the particular contract to which 11 the customer assents. 12 (C) Throughout the duration of the alternative gas 13 supplier's contract with a customer, the alternative 14 gas supplier shall retain and, within 3 business days 15 of the customer's request, provide to the customer an 16 email, paper, or facsimile of the terms and conditions 17 of the numbered contract version to which the customer 18 assents. 19 (D) The alternative gas supplier shall provide a 20 mechanism by which both the submission and receipt of 21 the electronic letter of agency are recorded by time 22 and date. 23 (E) After the customer completes the electronic 24 letter of agency, the alternative gas supplier shall 25 disclose conspicuously through its website that the 26 customer has been enrolled and the alternative gas HB4313 - 72 - LRB104 17063 AAS 30478 b 1 supplier shall provide the customer an enrollment 2 confirmation number. 3 (6) When a customer is solicited in person by the 4 alternative gas supplier's sales agent, the alternative 5 gas supplier may only obtain the customer's authorization 6 to change natural gas service through the method provided 7 for in paragraph (2) of this subsection (d). 8 Alternative gas suppliers must be in compliance with the 9 provisions of this subsection (d) within 90 days after April 10 10, 2009 (the effective date of Public Act 95-1051). 11 (e) Early Termination. 12 (1) Beginning January 1, 2020, consumers shall have 13 the right to terminate their contract with an alternative 14 gas supplier at any time without any termination fees or 15 penalties. 16 (2) In any agreement that contains an early 17 termination clause, an alternative gas supplier shall 18 provide the customer the opportunity to terminate the 19 agreement without any termination fee or penalty within 10 20 business days after the date of the first bill issued to 21 the customer for products or services provided by the 22 alternative gas supplier. The agreement shall disclose the 23 opportunity and provide a toll-free phone number that the 24 customer may call in order to terminate the agreement. 25 (f) The alternative gas supplier shall provide each 26 customer the opportunity to rescind its agreement without HB4313 - 73 - LRB104 17063 AAS 30478 b 1 penalty within 10 business days after the date on the gas 2 utility notice to the customer. The alternative gas supplier 3 shall disclose to the customer all of the following: 4 (1) that the gas utility shall send a notice 5 confirming the switch; 6 (2) that from the date the utility issues the notice 7 confirming the switch, the customer shall have 10 business 8 days before the switch will become effective; 9 (3) that the customer may contact the gas utility or 10 the alternative gas supplier to rescind the switch within 11 10 business days; and 12 (4) the contact information for the gas utility and 13 the alternative gas supplier. 14 The alternative gas supplier disclosure shall be included 15 in its sales solicitations, contracts, and all applicable 16 sales verification scripts. 17 (f-5)(1) Beginning January 1, 2020, an alternative gas 18 supplier shall not sell or offer to sell any products or 19 services to a consumer pursuant to a contract in which the 20 contract automatically renews, unless an alternative gas 21 supplier provides to the consumer at the outset of the offer, 22 in addition to other disclosures required by law, a separate 23 written statement titled "Automatic Contract Renewal" that 24 clearly and conspicuously discloses in bold lettering in at 25 least 12-point font the terms and conditions of the automatic 26 contract renewal provision, including: (i) the estimated bill HB4313 - 74 - LRB104 17063 AAS 30478 b 1 cycle on which the initial contract term expires and a 2 statement that it could be later based on when the utility 3 accepts the initial enrollment; (ii) the estimated bill cycle 4 on which the new contract term begins and a statement that it 5 will immediately follow the last billing cycle of the current 6 term; (iii) the procedure to terminate the contract before the 7 new contract term applies; and (iv) the cancellation 8 procedure. If the alternative gas supplier sells or offers to 9 sell the products or services to a consumer during an 10 in-person solicitation or telemarketing solicitation, the 11 disclosures described in this paragraph (1) shall also be made 12 to the consumer verbally during the solicitation. Nothing in 13 this paragraph (1) shall be construed to apply to contracts 14 entered into before January 1, 2020. 15 (2) At least 30 days before, but not more than 60 days 16 prior, to the end of the initial contract term, in any and all 17 contracts that automatically renew after the initial term, the 18 alternative gas supplier shall send, in addition to other 19 disclosures required by law, a separate written notice of the 20 contract renewal to the consumer that clearly and 21 conspicuously discloses the following: 22 (A) a statement printed or visible from the outside of 23 the envelope or in the subject line of the email, if the 24 customer has agreed to receive official documents by 25 email, that states "Contract Renewal Notice"; 26 (B) a statement in bold lettering, in at least HB4313 - 75 - LRB104 17063 AAS 30478 b 1 12-point font, that the contract will automatically renew 2 unless the customer cancels it; 3 (C) the billing cycle in which service under the 4 current term will expire; 5 (D) the billing cycle in which service under the new 6 term will begin; 7 (E) the process and options available to the consumer 8 to reject the new contract terms; 9 (F) the cancellation process if the consumer's 10 contract automatically renews before the consumer rejects 11 the new contract terms; 12 (G) the terms and conditions of the new contract term; 13 (H) for a fixed rate or flat bill contract, a 14 side-by-side comparison of the current fixed rate or flat 15 bill to the new fixed rate or flat bill; for a variable 16 rate contract or time-of-use product in which the first 17 month's renewal price can be determined, a side-by-side 18 comparison of the current price and the price for the 19 first month of the new variable or time-of-use price; or 20 for a variable or time-of-use contract based on a publicly 21 available index, a side-by-side comparison of the current 22 formula and the new formula; and 23 (I) the phone number and Internet address to submit a 24 consumer inquiry or complaint to the Illinois Commerce 25 Commission and the Office of the Attorney General. 26 (3) An alternative gas supplier shall not automatically HB4313 - 76 - LRB104 17063 AAS 30478 b 1 renew a consumer's enrollment after the current term of the 2 contract expires when the current term of the contract 3 provides that the consumer will be charged a fixed rate and the 4 renewed contract provides that the consumer will be charged a 5 variable rate, unless: (i) the alternative gas supplier 6 complies with paragraphs (1) and (2); and (ii) the customer 7 expressly consents to the contract renewal in writing or by 8 electronic signature at least 30 days, but no more than 60 9 days, before the contract expires. 10 (3.5) An alternative gas supplier shall not automatically 11 renew a consumer's enrollment after the current term of the 12 contract expires when the renewed contract provides that the 13 consumer will be charged a rate that is higher than the 14 consumer's current contract rate unless: (i) the alternative 15 retail electric supplier complies with paragraphs (1) and (2); 16 and (ii) the customer expressly consents to the contract 17 renewal in writing or by electronic signature at least 30 18 days, but no more than 60 days, before the contract expires. 19 (4) An alternative gas supplier shall not submit a change 20 to a customer's gas service provider in violation of Section 21 19-116 of the Public Utilities Act. 22 (g) The provisions of this Section shall apply only to 23 alternative gas suppliers serving or seeking to serve 24 residential and small commercial customers and only to the 25 extent such alternative gas suppliers provide services to 26 residential and small commercial customers. HB4313 - 77 - LRB104 17063 AAS 30478 b 1 (h) Complaints may be filed with the Commission under this 2 Section by a consumer whose gas service has been provided by an 3 alternative retail gas supplier in a manner not in compliance 4 with this Section or by the Commission on its own motion when 5 it appears to the Commission that an alternative retail gas 6 supplier has provided service in a manner not in compliance 7 with this Section. If, after notice and hearing, the 8 Commission finds that an alternative retail gas supplier has 9 violated this Section, the Commission may in its discretion do 10 any one or more of the following: 11 (1) require the alternative retail gas supplier to 12 refund to the consumer charges collected in excess of 13 those that would have been charged by the consumer's 14 authorized gas service provider; 15 (2) require the alternative retail gas supplier to pay 16 to the consumer's authorized gas service provider the 17 amount the authorized gas service provider would have 18 collected for the gas service. The Commission is 19 authorized to reduce this payment by any amount already 20 paid by the alternative retail gas to the consumer's 21 authorized provider for gas service; 22 (3) require the alternative retail electric supplier 23 to pay a fine of up to $10,000 per occurrence into the 24 Public Utility Fund for each violation of this Section; 25 (4) issue a cease and desist order; and 26 (5) for a pattern of violation of this Section or for HB4313 - 78 - LRB104 17063 AAS 30478 b 1 violations that continue after a cease and desist order, 2 revoke the alternative retail gas supplier's certificate 3 of service authority. 4 (Source: P.A. 101-590, eff. 1-1-20; 102-558, eff. 8-20-21; 5 102-958, eff. 1-1-23; revised 6-26-25.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. 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