I 117th CONGRESS 2d Session H. R. 8519 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.

1. Short title This Act may be cited as the Access to Consumer Energy Information Act or the E-Access Act . 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. 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.