I 
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 Representa-
tives 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: 
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(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 con-
sumers. 
(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 sec-
tion 3 of the Public Utility Regulatory Policies Act 
of 1978 (16 U.S.C. 2602). 
(4) GAS
CONSUMER.—The term ‘‘gas con-
sumer’’ 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). 
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(6) RETAIL
ELECTRIC
ENERGY
INFORMA-
TION.—The term ‘‘retail electric energy informa-
tion’’ 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 elec-
tric consumer, as displayed on billing informa-
tion 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 con-
sumer, as measured and recorded by the appli-
cable gas utility; 
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‘‘(A) to enhance consumer access to and 
understanding of electric energy and natural 
gas usage and cost information, including con-
sumers’ own residential and commercial retail 
electric energy information (as defined in sec-
tion 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 consump-
tion 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 nat-
ural gas information. 
(2) CONSULTATION.—Before issuing the guide-
lines under paragraph (1), the Secretary shall— 
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(A) consult with— 
(i) State and local regulatory authori-
ties; 
(ii) other appropriate Federal agen-
cies, 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, includ-
ing groups representing public utility com-
missions, commercial and residential build-
ing 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 regu-
latory authorities to ensure electric consumer and 
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gas consumer access to retail electric energy infor-
mation and retail natural gas information, including 
actions taken after consideration of the standard es-
tablished 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 in-
formation 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 elec-
tric utility or gas utility of the electric con-
sumer or gas consumer (or such other entity as 
may be designated by the utility), in consulta-
tion with, or with approval from, as applicable, 
the utility’s applicable retail regulatory author-
ity; 
(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 con-
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sumer or such a gas consumer), including that 
such retail electric energy information and re-
tail natural gas information should be made 
available— 
(i) in an electronic machine readable 
form, without additional charge, in con-
formity with nationally recognized open 
standards and best practices that are de-
veloped through a voluntary, consensus- 
based, multistakeholder process; 
(ii) through a website or other elec-
tronic 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 rea-
sonably 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 ade-
quate protections for the security of the in-
formation and the privacy of the electric 
consumer or gas consumer; 
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(C) regarding appropriate nationally recog-
nized open standards for data exchange; 
(D) regarding access of retail electric en-
ergy information and retail natural gas infor-
mation for owners and managers of multitenant 
commercial and residential buildings; 
(E) regarding consumer consent require-
ments such that an electric consumer or gas 
consumer can conveniently and securely author-
ize 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 con-
sumer or gas consumer authorizing, or the ap-
plicable electric utility or gas utility sharing, re-
tail 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 con-
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sumer or a device or network of a third-party 
designee of such electric consumer or gas con-
sumer, 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 condi-
tions, which shall be reasonable and non-dis-
criminatory, 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 informa-
tion 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 au-
thority, 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; 
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(ii) the consumer’s online authentica-
tion 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 re-
tail electric energy information and retail 
natural gas information from an electric 
utility or gas utility with consumer con-
sent, except if otherwise prohibited by Fed-
eral law or by a finding of a State court 
or other State adjudicatory body. 
(5) REVISIONS.—The Secretary shall periodi-
cally review and, as necessary, revise the guidelines 
issued under paragraph (1) to reflect changes in 
technology, privacy needs, and the market for elec-
tric 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 ac-
cess to retail electric energy information and retail 
natural gas information for certification by the Sec-
retary that the policies meet the guidelines issued 
under subsection (b). 
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