[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1044 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1044

To enhance consumer access to electricity information and allow for the 
 adoption of innovative products and services to help consumers manage 
                          their energy usage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2015

  Mr. Markey introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To enhance consumer access to electricity information and allow for the 
 adoption of innovative products and services to help consumers manage 
                          their energy usage.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Access to Consumer Energy 
Information Act'' or the ``E-Access Act''.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY INFORMATION.

    (a) In General.--The Secretary shall encourage and support the 
adoption of policies that allow electricity consumers access to their 
own electricity data.
    (b) Eligibility for State Energy Plans.--Section 362(d) of the 
Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
            (1) in paragraph (16), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) programs--
                    ``(A) to enhance consumer access to and 
                understanding of energy usage and price information, 
                including consumers' own residential and commercial 
                electricity information; and
                    ``(B) to allow for the development and adoption of 
                innovative products and services to assist consumers in 
                managing energy consumption and expenditures; and''.
    (c) Voluntary Guidelines for Electric Consumer Access.--
            (1) Definitions.--In this subsection:
                    (A) Retail electric energy information.--The term 
                ``retail electric energy information'' means--
                            (i) the electric energy consumption of an 
                        electric consumer over a defined time period;
                            (ii) the retail electric energy prices or 
                        rates applied to the electricity usage for the 
                        defined time period described in clause (i) for 
                        the electric consumer;
                            (iii) the estimated cost of service by the 
                        consumer, including (if smart meter usage 
                        information is available) the estimated cost of 
                        service since the last billing cycle of the 
                        consumer; and
                            (iv) in the case of nonresidential electric 
                        meters, any other electrical information that 
                        the meter is programmed to record (such as 
                        demand measured in kilowatts, voltage, 
                        frequency, current, and power factor).
                    (B) Smart meter.--The term ``smart meter'' means 
                the device used by an electric utility that--
                            (i)(I) measures electric energy consumption 
                        by an electric consumer at the home or facility 
                        of the electric consumer in intervals of 1 hour 
                        or less; and
                            (II) is capable of sending electric energy 
                        usage information through a communications 
                        network to the electric utility; or
                            (ii) meets the guidelines issued under 
                        paragraph (2).
            (2) Voluntary guidelines for electric consumer access.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, subject to subparagraph 
                (B), the Secretary shall issue voluntary guidelines 
                that establish model standards for implementation of 
                retail electric energy information access in States.
                    (B) Consultation.--Before issuing the voluntary 
                guidelines, the Secretary shall--
                            (i) consult with--
                                    (I) State and local regulatory 
                                authorities, including the National 
                                Association of Regulatory Utility 
                                Commissioners;
                                    (II) other appropriate Federal 
                                agencies, including the National 
                                Institute of Standards and Technology;
                                    (III) consumer and privacy advocacy 
                                groups;
                                    (IV) utilities;
                                    (V) the National Association of 
                                State Energy Officials; and
                                    (VI) other appropriate entities, 
                                including groups representing 
                                commercial and residential building 
                                owners and groups that represent demand 
                                response and electricity data devices 
                                and services; and
                            (ii) provide notice and opportunity for 
                        comment.
                    (C) State and local regulatory action.--In issuing 
                the voluntary guidelines, the Secretary shall, to the 
                maximum extent practicable, be guided by actions taken 
                by State and local regulatory authorities to ensure 
                electric consumer access to retail electric energy 
                information, including actions taken after 
                consideration of the standard established under section 
                111(d)(17) of the Public Utility Regulatory Policies 
                Act of 1978 (16 U.S.C. 2621(d)(17)).
                    (D) Contents.--
                            (i) In general.--The voluntary guidelines 
                        shall provide guidance on issues necessary to 
                        carry out this subsection, including--
                                    (I) the timeliness and specificity 
                                of retail electric energy information;
                                    (II) appropriate nationally 
                                recognized open standards for data;
                                    (III) the protection of data 
                                security and electric consumer privacy, 
                                including consumer consent 
                                requirements; and
                                    (IV) issues relating to access of 
                                electric energy information for owners 
                                and managers of multitenant commercial 
                                and residential buildings.
                            (ii) Inclusions.--The voluntary guidelines 
                        shall include guidance that--
                                    (I) retail electric energy 
                                information should be made available to 
                                electric consumers (and third-party 
                                designees of the electric consumers) in 
                                the United States--
                                            (aa) in an electronic 
                                        machine readable form, without 
                                        additional charge, in 
                                        conformity with standards 
                                        developed through a voluntary, 
                                        consensus-based, 
                                        multistakeholder process;
                                            (bb) as timely as is 
                                        reasonably practicable;
                                            (cc) at the level of 
                                        specificity that the data is 
                                        transmitted by the meter or as 
                                        is reasonably practicable; and
                                            (dd) in a manner that 
                                        provides adequate protections 
                                        for the security of the 
                                        information and the privacy of 
                                        the electric consumer;
                                    (II) in the case of an electric 
                                consumer that is served by a smart 
                                meter that can also communicate energy 
                                usage information to a device or 
                                network of an electric consumer or a 
                                device or network of a third party 
                                authorized by the consumer, considers 
                                providing to the consumer or third-
                                party designee, at a minimum, access to 
                                usage information (not including price 
                                information) of the consumer directly 
                                from the smart meter;
                                    (III) retail electric energy 
                                information should be provided by the 
                                electric utility of the consumer or 
                                such other entity as may be designated 
                                by the applicable electric retail 
                                regulatory authority;
                                    (IV) retail electric energy 
                                information of the consumer should be 
                                made available to the consumer through 
                                a website or other electronic access 
                                authorized by the electric consumer, 
                                for a period of at least 13 months 
                                after the date on which the usage 
                                occurred;
                                    (V) consumer access to data, 
                                including data provided to owners and 
                                managers of commercial and multifamily 
                                buildings with multiple tenants, should 
                                not interfere with or compromise the 
                                integrity, security, or privacy of the 
                                operations of a utility and the 
                                electric consumer;
                                    (VI) electric energy information 
                                relating to usage information generated 
                                by devices in or on the property of the 
                                consumer that is transmitted to the 
                                electric utility should be made 
                                available to the electric consumer or 
                                the third-party agent designated by the 
                                electric consumer; and
                                    (VII) the same privacy and security 
                                requirements applicable to the 
                                contracting utility under subclause 
                                (I)(dd) should apply to third-party 
                                agents contracting with a utility to 
                                process the customer data of that 
                                utility.
                    (E) Revisions.--The Secretary shall periodically 
                review and, as necessary, revise the voluntary 
                guidelines to reflect changes in technology, privacy 
                needs, and the market for electric energy and services.
    (d) Verification and Implementation.--
            (1) In general.--A State may submit to the Secretary a 
        description of the data sharing policies of the State relating 
        to consumer access to electric energy information for 
        certification by the Secretary that the policies meet the 
        voluntary guidelines issued under subsection (c)(2).
            (2) Assistance.--Subject to the availability of funds under 
        paragraph (3), the Secretary shall make Federal amounts 
        available to any State that has data sharing policies described 
        in paragraph (1) that the Secretary certifies meets the 
        voluntary guidelines issued under subsection (c)(2) to assist 
        the State in implementing section 362(d)(17) of the Energy 
        Policy and Conservation Act (42 U.S.C. 6322(d)(17)).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        fiscal year 2016, to remain available until expended.
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