[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5796 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 5796

     To enhance consumer access to electric energy and natural gas 
   information, to allow for the adoption of innovative products and 
  services to help consumers manage their energy usage, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2020

  Mr. Welch (for himself and Mr. Cartwright) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To enhance consumer access to electric energy and natural gas 
   information, to allow for the adoption of innovative products and 
  services to help consumers manage their energy usage, and for other 
                               purposes.

    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. DEFINITIONS.

    In this Act:
            (1) Advanced meter.--The term ``advanced meter'' means a 
        device that--
                    (A) measures and records usage data at a minimum in 
                hourly intervals;
                    (B) provides such usage data at least daily to the 
                applicable electric utility or gas utility; and
                    (C) may provide such usage data to consumers.
            (2) Electric utility.--The term ``electric utility'' has 
        the meaning given such term in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
            (3) Electric consumer.--The term ``electric consumer'' has 
        the meaning given such term in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
            (4) Gas consumer.--The term ``gas consumer'' has the 
        meaning given such term in section 302 of the Public Utility 
        Regulatory Policies Act of 1978 (15 U.S.C. 3202).
            (5) Gas utility.--The term ``gas utility'' has the meaning 
        given such term in section 302 of the Public Utility Regulatory 
        Policies Act of 1978 (15 U.S.C. 3202).
            (6) Retail electric energy information.--The term ``retail 
        electric energy information'' means--
                    (A) the electric energy usage of an electric 
                consumer over a time interval, as measured and recorded 
                by the applicable advanced meter;
                    (B) the retail electric energy prices or rates 
                applied to the electric energy usage for the time 
                interval described in subparagraph (A) for the electric 
                consumer;
                    (C) the cost of service provided to an electric 
                consumer, as displayed on billing information provided 
                to such electric consumer; and
                    (D) in the case of nonresidential electric meters, 
                any other electrical information that the meter is 
                programmed to record that is used for billing purposes 
                (such as demand measured in kilowatts, voltage, 
                frequency, current, and power factor).
            (7) Retail natural gas information.--The term ``retail 
        natural gas information'' means--
                    (A) the natural gas usage of a gas consumer, as 
                measured and recorded by the applicable gas utility;
                    (B) the retail natural gas prices or rates applied 
                to the natural gas usage described in subparagraph (A) 
                for the gas consumer;
                    (C) the cost of service provided to a gas consumer, 
                as displayed on billing information provided to such 
                gas consumer; and
                    (D) in the case of nonresidential natural gas 
                meters, any other information that the meter is 
                programmed to record that is used for billing purposes.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.

SEC. 3. CONSUMER ACCESS TO ELECTRIC ENERGY AND NATURAL GAS INFORMATION.

    (a) 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 electric energy and natural gas usage 
                and cost information, including consumers' own 
                residential and commercial retail electric energy 
                information (as defined in section 2 of the E-Access 
                Act) and retail natural gas information (as defined in 
                section 2 of the E-Access Act); and
                    ``(B) to facilitate the development and adoption of 
                innovative products and services to assist consumers in 
                managing energy consumption and expenditures; and''.
    (b) Guidelines for Electric Consumer and Gas Consumer Access.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act and subject to paragraph (2), the 
        Secretary shall issue guidelines that establish model data 
        sharing standards and policies for States to provide electric 
        consumers and gas consumers, and third-party designees of such 
        electric consumers and gas consumers, with access to retail 
        electric energy information and retail natural gas information.
            (2) Consultation.--Before issuing the guidelines under 
        paragraph (1), the Secretary shall--
                    (A) consult with--
                            (i) State and local regulatory authorities;
                            (ii) other appropriate Federal agencies, 
                        including the National Institute of Standards 
                        and Technology;
                            (iii) consumer and privacy advocacy groups;
                            (iv) electric utilities and gas utilities;
                            (v) the National Association of State 
                        Energy Officials; and
                            (vi) other appropriate entities, including 
                        groups representing public utility commissions, 
                        commercial and residential building owners, 
                        residential contractors, and groups that 
                        represent demand response and electricity data 
                        devices and services; and
                    (B) provide notice and opportunity for comment.
            (3) State and local regulatory action.--In issuing the 
        guidelines under paragraph (1), the Secretary shall, to the 
        maximum extent practicable, be guided by actions taken by State 
        and local regulatory authorities to ensure electric consumer 
        and gas consumer access to retail electric energy information 
        and retail natural gas information, including actions taken 
        after consideration of the standard established under section 
        111(d)(19) of the Public Utility Regulatory Policies Act of 
        1978 (16 U.S.C. 2621(d)(19)).
            (4) Contents.--The guidelines issued under paragraph (1) 
        shall include guidelines--
                    (A) specifying that retail electric energy 
                information and retail natural gas information of an 
                electric consumer or a gas consumer should be made 
                available to the electric consumer or gas consumer (or 
                a third-party designee of the electric consumer or gas 
                consumer) by the electric utility or gas utility of the 
                electric consumer or gas consumer (or such other entity 
                as may be designated by the utility), in consultation 
                with, or with approval from, as applicable, the 
                utility's applicable retail regulatory authority;
                    (B) regarding the timeliness and specificity of 
                retail electric energy information and retail natural 
                gas information to be made available to an electric 
                consumer or a gas consumer (or a third-party designee 
                of such an electric consumer or such a gas consumer), 
                including that such retail electric energy information 
                and retail natural gas information should be made 
                available--
                            (i) in an electronic machine readable form, 
                        without additional charge, in conformity with 
                        nationally recognized open standards and best 
                        practices that are developed through a 
                        voluntary, consensus-based, multistakeholder 
                        process;
                            (ii) through a website or other electronic 
                        access authorized by the electric consumer or 
                        gas consumer, for a period of at least 13 
                        months after the date on which the usage 
                        occurred;
                            (iii) in as close to real-time as is 
                        reasonably practicable;
                            (iv) at the level of specificity that the 
                        data is transmitted by the meter or as is 
                        reasonably practicable; and
                            (v) in a manner that provides adequate 
                        protections for the security of the information 
                        and the privacy of the electric consumer or gas 
                        consumer;
                    (C) regarding appropriate nationally recognized 
                open standards for data exchange;
                    (D) regarding access of retail electric energy 
                information and retail natural gas information for 
                owners and managers of multitenant commercial and 
                residential buildings;
                    (E) regarding consumer consent requirements such 
                that an electric consumer or gas consumer can 
                conveniently and securely authorize a third-party 
                designee access to the retail electric energy 
                information or retail natural gas information of such 
                electric consumer or gas consumer, including 
                standardized authorization language to which an 
                electric consumer or gas consumer will agree prior to 
                such electric consumer or gas consumer authorizing, or 
                the applicable electric utility or gas utility sharing, 
                retail electric energy information or retail natural 
                gas information of such electric consumer or gas 
                consumer;
                    (F) specifying that electric utilities and gas 
                utilities should, when an advanced meter is servicing 
                an electric consumer or gas consumer, communicate usage 
                information to a device or network of the electric 
                consumer or gas consumer or a device or network of a 
                third-party designee of such electric consumer or gas 
                consumer, and where feasible should provide to the 
                electric consumer or gas consumer or third-party 
                designee, at a minimum, access to usage information 
                (not including price information) of the electric 
                consumer or gas consumer directly from the advanced 
                meter in as close to real-time as is reasonably 
                practicable; and
                    (G) with respect to the terms and conditions, which 
                shall be reasonable and non-discriminatory, to be 
                agreed to by a third-party designee of an electric 
                consumer or of a gas consumer and an electric utility 
                or gas utility for access to the retail electric energy 
                information or retail natural gas information of such 
                electric consumer or gas consumer, including that--
                            (i) due process be afforded to such third-
                        party by the applicable regulatory authority, 
                        including giving such third-party an 
                        opportunity to rebut allegations of wrongdoing 
                        by such third-party prior to any enforcement 
                        action being taken by the applicable regulatory 
                        authority;
                            (ii) the consumer's online authentication 
                        match that used by the applicable gas utility 
                        or electric utility for the consumer-facing 
                        website of such gas utility or electric 
                        utility; and
                            (iii) such third-party may receive retail 
                        electric energy information and retail natural 
                        gas information from an electric utility or gas 
                        utility with consumer consent, except if 
                        otherwise prohibited by Federal law or by a 
                        finding of a State court or other State 
                        adjudicatory body.
            (5) Revisions.--The Secretary shall periodically review 
        and, as necessary, revise the guidelines issued under paragraph 
        (1) to reflect changes in technology, privacy needs, and the 
        market for electric energy and natural gas and related 
        services.
    (c) Verification and Implementation.--
            (1) In general.--A State may submit to the Secretary a 
        description of the policies of the State relating to electric 
        consumer and gas consumer access to retail electric energy 
        information and retail natural gas information for 
        certification by the Secretary that the policies meet the 
        guidelines issued under subsection (b).
            (2) Assistance.--Subject to the availability of amounts 
        appropriated pursuant to paragraph (3), the Secretary shall 
        make amounts available to any State that has policies described 
        in paragraph (1) that the Secretary certifies meet the 
        guidelines issued under subsection (b) to assist the State in 
        implementing programs described in section 362(d)(17) of the 
        Energy Policy and Conservation Act.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2021 and 2022, to remain available until 
        expended.
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