(1) 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). 
(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 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). 
(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 soft-
ware applications to analyze in real time any 
measurement described in subparagraph (A) in 
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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 elec-
tric 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
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 meter; 
(B) the retail electric energy prices and ap-
plicable 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 elec-
tric consumer, as displayed on billing informa-
tion provided to such electric consumer; 
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(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 util-
ity; 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 con-
sumer, as measured and recorded by the appli-
cable gas utility; 
(B) the retail natural gas prices and appli-
cable rate applied to the natural gas usage de-
scribed in subparagraph (A) for the gas con-
sumer; 
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(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.—Sec-
tion 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 para-
graph (19); and 
(3) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) programs to promote competition in the 
area of digital energy management tools to— 
‘‘(A) enhance consumer access to and un-
derstanding of electric energy and natural gas 
usage and cost information, including con-
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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) facilitate the development and adop-
tion of innovative products and services to as-
sist 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— 
(A) consult with— 
(i) State and local regulatory authori-
ties; 
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(ii) other appropriate Federal agen-
cies, 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, 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 
gas consumer access to retail electric energy infor-
mation and retail natural gas information, including 
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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; 
(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 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 utilizing recog-
nized 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 recog-
nized open standards for data exchange; 
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(D) 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; 
(E) specifying that electric utilities and gas 
utilities should, when a meter is servicing an 
electric consumer or gas consumer, commu-
nicate retail electric energy information or retail 
natural gas information to an electric con-
sumer’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 con-
sumer or gas consumer; 
(F) with respect to the terms and condi-
tions, which shall be reasonable and non-dis-
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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; 
(ii) the consumer’s online authoriza-
tion process offered by the applicable gas 
utility or electric utility shall be user- 
friendly, and the personal information re-
quired to establish identity shall be con-
sistent with the applicable gas utility’s or 
electric utility’s standard practices; 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-
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sent, except if otherwise prohibited by Fed-
eral 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 infor-
mation, retail natural gas information, and esti-
mates of energy saved as a result of any effi-
ciency measure may be released publicly, with-
out a consumer’s consent, only by protection of 
individual consumer privacy, via mathematical 
methods such as differential privacy, or by al-
ternative means at the discretion of the Sec-
retary, if required, that prevent reidentification 
of individual consumers’ attributes when pub-
lishing aggregate information. 
(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 
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natural gas information for certification by the Sec-
retary 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 im-
plementing 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. 
Æ 
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