[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8519 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8519

To promote competition in the area of digital energy management tools, 
enhance consumer access to electric energy and natural gas information, 
  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

                             July 26, 2022

  Mr. Welch introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To promote competition in the area of digital energy management tools, 
enhance consumer access to electric energy and natural gas information, 
  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) 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).
            (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) 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).
            (4) 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).
            (5) Grid edge computer.--The term ``grid edge computer'' 
        means a device, whether part of, or separate from, a meter, 
        that--
                    (A) measures power, voltage, current, or other 
                aspects of electric energy at or near an electric 
                consumer's premise; and
                    (B) is capable of running one or more software 
                applications to analyze in real time any measurement 
                described in subparagraph (A) in order to derive grid 
                edge consumer insights or information about the status 
                or operation of the electric grid.
            (6) Grid edge consumer insight.--The term ``grid edge 
        consumer insight'' means any estimate or inference from a grid 
        edge computer that pertains to or reflects the characteristics 
        of an individual electric consumer's use of electric energy.
            (7) Meter.--The term ``meter'' means a device that measures 
        and records energy usage data at any interval.
            (8) 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 meter;
                    (B) the retail electric energy prices and 
                applicable rate applied to the electric energy usage 
                for the time interval described in subparagraph (A) for 
                the electric consumer;
                    (C) the costs of service provided to an electric 
                consumer, as displayed on billing information provided 
                to such electric consumer;
                    (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);
                    (E) grid edge consumer insights that are 
                transmitted to an electric consumer's device or home 
                network or to the applicable electric utility; and
                    (F) the usage, voltage, current, or other attribute 
                of electric energy measured by a meter or grid edge 
                computer that is transmitted in real time to an 
                electric consumer's device or network.
            (9) 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 and applicable 
                rate 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.
            (10) 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 (17), by striking ``and'' after the 
        semicolon at the end;
            (2) by redesignating paragraph (18) as paragraph (19); and
            (3) by inserting after paragraph (17) the following:
            ``(18) programs to promote competition in the area of 
        digital energy management tools to--
                    ``(A) 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) 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 and the Federal Trade 
                        Commission;
                            (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;
                            (ii) via a website or other electronic 
                        access authorized by the electric consumer or 
                        gas consumer, including at least 24 months of 
                        historical information;
                            (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 utilizing recognized energy data 
                        privacy programs such as the Department of 
                        Energy's DataGuard Energy Data Privacy Program 
                        or other programs approved by the Secretary;
                    (C) regarding appropriate nationally recognized 
                open standards for data exchange;
                    (D) 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;
                    (E) specifying that electric utilities and gas 
                utilities should, when a meter is servicing an electric 
                consumer or gas consumer, communicate retail electric 
                energy information or retail natural gas information to 
                an electric consumer's or gas consumer's device or 
                through an electric consumer's or gas consumer's 
                network to a third-party designee of such electric 
                consumer or gas consumer;
                    (F) 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 authorization 
                        process offered by the applicable gas utility 
                        or electric utility shall be user-friendly, and 
                        the personal information required to establish 
                        identity shall be consistent with the 
                        applicable gas utility's or electric utility's 
                        standard practices; 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; and
                    (G) addressing appropriate circumstances in which 
                analysis of retail electric energy information, retail 
                natural gas information, and estimates of energy saved 
                as a result of any efficiency measure may be released 
                publicly, without a consumer's consent, only by 
                protection of individual consumer privacy, via 
                mathematical methods such as differential privacy, or 
                by alternative means at the discretion of the 
                Secretary, if required, that prevent reidentification 
                of individual consumers' attributes when publishing 
                aggregate information.
            (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)(18) 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 
        fiscal year 2023, to remain available until expended.
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