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