[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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