[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3926 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3926
To promote competition in the area of digital energy management tools,
enhance consumer access to electric energy and natural gas information,
allow for the development and adoption of innovative products and
services to help consumers, organizations, and governments manage their
energy usage and improve electric grid reliability, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2026
Mr. Welch (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
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 development and adoption of innovative products and
services to help consumers, organizations, and governments manage their
energy usage and improve electric grid reliability, 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) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Covered wholesale electricity market.--The term
``covered wholesale electricity market'' means a wholesale
electricity market regulated by, or otherwise subject to the
jurisdiction of, the Federal Energy Regulatory Commission.
(3) Electric consumer.--The term ``electric consumer'' has
the meaning given the term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(4) Electric meter software platform.--The term ``electric
meter software platform'' means the meter of an electric
utility and any accompanying software that enables software
applications to be developed, installed, and executed on the
grid edge computer for the purpose of analyzing or transmitting
retail electric energy information or grid edge consumer
insights.
(5) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(6) Gas consumer.--The term ``gas consumer'' has the
meaning given the term in section 302 of the Public Utility
Regulatory Policies Act of 1978 (15 U.S.C. 3202).
(7) Gas utility.--The term ``gas utility'' has the meaning
given the term in section 302 of the Public Utility Regulatory
Policies Act of 1978 (15 U.S.C. 3202).
(8) Green button connect my data.--The term ``Green Button
Connect My Data'' means the standard of the same name that is
maintained by the Green Button Alliance (or any successor
organization) that enables access to and secure transmission of
retail electric energy information and retail natural gas
information by an electric consumer or gas consumer, including
any subsequent updates to the standard or successor standards.
(9) 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 the premises of
an electric consumer; and
(B) is capable of running 1 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.
(10) Grid edge consumer insight.--The term ``grid edge
consumer insight'' means--
(A) the power, voltage, current, or other aspects
of electric energy measured and analyzable by a grid
edge computer; and
(B) any calculation, estimate, or inference from a
grid edge computer that pertains to, or reflects the
characteristics of, the use of electric energy by a
particular electric consumer.
(11) Independent system operator.--The term ``Independent
System Operator'' has the meaning given the term in section 3
of the Federal Power Act (16 U.S.C. 796).
(12) Meter.--The term ``meter'' means a device that
measures and records energy usage data at any interval.
(13) Regional transmission organization.--The term
``Regional Transmission Organization'' has the meaning given
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(14) 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 that electric consumer at the level of each line
item;
(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; and
(F) customer-specific information including, at a
minimum--
(i) customer name, mailing address,
premises address, contact information, payment
history, and account number; and
(ii) any information that may be necessary
for participation in, or to determine customer
eligibility for, bill payment assistance,
renewable energy, demand-side management, load
management, energy efficiency programs, or
wholesale markets.
(15) 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 that
gas consumer at the level of each line item;
(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;
and
(E) customer-specific information including, at a
minimum--
(i) customer name, mailing address,
premises address, contact information, payment
history, and account number; and
(ii) any information that might be
necessary for participation in, or to determine
customer eligibility for, bill payment
assistance, demand-side management, energy
efficiency programs, or wholesale markets.
(16) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(17) State energy office.--The term ``State energy office''
means the office or agency of a State responsible for
developing the State energy conservation plan for the State
under section 362 of the Energy Policy and Conservation Act (42
U.S.C. 6322).
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--
``(A) to enhance consumer access to, and
understanding of, electric energy and natural gas usage
and cost information, including, with respect to each
particular customer--
``(i) the residential and commercial retail
electric energy information (as defined in
section 2 of the E-Access Act) of that
customer; and
``(ii) the retail natural gas information
(as defined in that section) of that customer;
``(B) to facilitate the development and adoption of
innovative products and services to assist consumers in
managing energy consumption and expenditures; and
``(C) to increase the adoption of measured,
performance-based energy efficiency and demand response
programs; and''.
(b) Guidelines for Electric Consumer and Gas Consumer Data
Access.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and subject to paragraph (2), the
Secretary and the Commission shall jointly develop and issue
guidelines that establish model data sharing standards and
policies for States to provide electric consumers and gas
consumers, and third-party designees of those electric
consumers and gas consumers, with access to retail electric
energy information and retail natural gas information.
(2) Consultation.--Before issuing 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
guidelines under paragraph (1), the Secretary, to the maximum
extent practicable, shall 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.--In carrying out paragraph (1), the Secretary
shall include--
(A) guidelines 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 applicable retail regulatory authority
of the utility;
(B) guidelines 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 an electric consumer or a gas
consumer), including that the 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 are transmitted by the meter or grid edge
computer, to the extent 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 DataGuard Energy
Data Privacy Program of the Department of
Energy or other programs approved by the
Secretary;
(C) guidelines regarding appropriate nationally
recognized open standards for data exchange;
(D) guidelines regarding consumer consent
requirements to ensure that an electric consumer or gas
consumer can conveniently and securely authorize a
third-party designee to access the retail electric
energy information or retail natural gas information of
that electric consumer or gas consumer, including
standardized authorization language to which an
electric consumer or gas consumer will agree prior to
the 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 that electric consumer or gas
consumer;
(E) guidelines 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 the device of the electric consumer or
gas consumer or through the network of an electric
consumer or gas consumer to a third-party designee of
the electric consumer or gas consumer;
(F) with respect to the terms and conditions to be
agreed to by a third-party designee of an electric
consumer or a gas consumer and an electric utility or a
gas utility for access to the retail electric energy
information or retail natural gas information of that
electric consumer or gas consumer, guidelines
specifying that--
(i) those terms and conditions shall be
reasonable and nondiscriminatory;
(ii) those terms and conditions shall not
require anything of a third-party designee
beyond requiring--
(I) the third-party designee to
provide to the electric utility or gas
utility--
(aa) the contact
information and Federal tax
identification number of the
third-party designee; and
(bb) an acknowledgment of
compliance with a privacy
requirement, such as the
DataGuard Energy Data Privacy
Program of the Department of
Energy; and
(II) that the third-party designee
has not been disqualified by the
applicable retail regulatory authority
of the utility;
(iii) due process shall be afforded to the
third-party designee by the applicable
regulatory authority, including by giving the
third-party designee an opportunity to rebut
allegations of wrongdoing by that third-party
designee prior to any enforcement action being
taken by the applicable regulatory authority;
(iv) the online authorization process
offered by the applicable gas utility or
electric utility to the consumer shall be user-
friendly, and the personal information required
to establish identity shall be consistent with,
and no more onerous than, the standard
practices of the applicable gas utility or
electric utility; and
(v) the 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;
(G) guidelines specifying that electric utilities
and gas utilities shall, on a periodic basis as
recommended by the Secretary, provide certification by
an independent body of adherence to the latest Green
Button Connect My Data or another, similar, standard;
(H) guidelines specifying that Green Button Connect
My Data system availability, as provided by electric
utilities and gas utilities, shall exceed 99-percent
availability without severe errors or defects;
(I) guidelines specifying that electric utilities
and gas utilities shall report on a publicly available
website the timeliness and performance of the
processing of electronic data-sharing authorizations
and the timeliness of completing third-party
administrative and technical onboarding with an
electric utility or gas utility, including
recommendations from the Secretary as to whether
electric utilities and gas utilities, or State or
Federal agencies, should host such publicly available
websites;
(J) guidelines specifying that--
(i) an electric meter software platform
shall--
(I) have terms that are fair,
reasonable, and nondiscriminatory to
any authorized user;
(II) transparently disclose uptime,
performance, and availability; and
(III) transparently disclose the
timelines and procedures for evaluating
new software applications submitted for
deployment on the platform;
(ii) software developers and distributed
energy resources that use electric meter
software platforms or retail electric customer
information shall--
(I) have access to platform
software documentation; and
(II) be afforded due process rights
with regard to disputes concerning
functionality or availability;
(iii) owners or operators of electric meter
software platforms shall address fair
competition issues, including self-
preferencing, surveillance of competitive
software applications, and undue use of default
software applications that have the effect of
reducing consumer choices; and
(iv) electric consumers, gas consumers,
electric utilities, and gas utilities shall
have the right to select, install, and operate
applications of their choosing on the electric
meter, subject to reasonable technical
requirements; and
(K) guidelines 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 the consent
of the consumer, 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 the attributes of individual
consumers when publishing aggregate information.
(5) Revisions.--Every 3 years, the Secretary shall 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 energy office 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 paragraph (18) of section
362(d) of the Energy Policy and Conservation Act (42 U.S.C.
6322(d)) (as amended by subsection (a)).
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
fiscal year 2026, to remain available until expended.
(d) Report on Accurate Electric Meter Settlement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Commission shall
jointly develop and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report evaluating
the costs and benefits of electric utilities transmitting meter
data for each individual electric consumer to covered wholesale
electricity markets for the purpose of settling market prices.
(2) Inclusions.--The report submitted under paragraph (1)
shall include--
(A) the number of customers of electric utilities
across the United States served by advanced metering
infrastructure;
(B) the number of customers and the associated
capacity of megawatts of flexible electricity demand
that lack access to, or settlement on, electric meter
data;
(C) case studies of regions across the United
States in which electric meter data is used for
settling covered wholesale electricity market
purchases, including best practices;
(D) an analysis of potential anticompetitive
impacts of denying customers of electric utilities
access to electric meter data, which may include
impacts from preventing the aggregation or transmission
of electric meter data for the purposes of settling
covered wholesale electricity market purchases;
(E) an estimate of the amount of taxpayer and
electric ratepayer dollars spent on electric metering
and supporting systems associated with restructured
retail markets that do not settle covered wholesale
electricity market purchases based on electric meter
data;
(F) an estimate of the number of customers of
electric utilities that are unable to participate in
demand-side covered wholesale electricity market
programs because the applicable electric meter is not
programmed at the necessary time intervals;
(G) an estimate of the reasonably foreseeable costs
that electric utilities would incur to reprogram
electric meters--
(i) to participate in demand-side covered
wholesale electricity market programs; and
(ii) to match the requirements of operators
of relevant covered wholesale electricity
markets with respect to the use of demand-side
resources;
(H) an estimate of the reasonably foreseeable costs
that electric utilities, Independent System Operators,
and Regional Transmission Organizations would incur in
settling covered wholesale electricity market purchases
based on electric meter data; and
(I) an analysis of potential benefits to
reliability, customer choice, and technology
availability that may result from settling covered
wholesale electricity market purchases based on
electric meter data.
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