,i #aafth ,,congress #b;d ,session ,h4 ,r4 #egif ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjbj,mr4 ,welch 7for himself and ,mr4 ,cartwright7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to enhance consumer access to electric energy and natural gas information1 to allow for the adoption of innovative products and services to help consumers manage their energy usage1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,access to ,consumer ,energy ,information ,act or the ,e-,access ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,advanced meter ,the term advanced meter means a device that-- 7,a7 measures and records usage data at a minimum in hourly intervals2 7,b7 provides such usage data at least daily to the applicable electric utility or gas utility2 and 7,c7 may provide such usage data to consumers4 7#b7 ,electric utility ,the term electric utility has the meaning given such term in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb74 7#c7 ,electric consumer ,the term electric consumer has the meaning given such term in section #c of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb74 7#d7 ,gas consumer ,the term gas consumer has the meaning given such term in section #cjb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjb74 7#e7 ,gas utility ,the term gas utility has the meaning given such term in section #cjb of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjb74 7#f7 ,retail electric energy information ,the term retail electric energy information means-- 7,a7 the electric energy usage of an electric consumer over a time interval1 as measured and recorded by the applicable advanced meter2 7,b7 the retail electric energy prices or rates applied to the electric energy usage for the time interval described in subparagraph 7,a7 for the electric consumer2 7,c7 the cost of service provided to an electric consumer1 as displayed on billing information provided to such electric consumer2 and 7,d7 in the case of nonresidential electric meters1 any other electrical information that the meter is programmed to record that is used for billing purposes 7such as demand measured in kilowatts1 voltage1 frequency1 current1 and power factor74 7#g7 ,retail natural gas information ,the term retail natural gas information means-- 7,a7 the natural gas usage of a gas consumer1 as measured and recorded by the applicable gas utility2 7,b7 the retail natural gas prices or rates applied to the natural gas usage described in subparagraph 7,a7 for the gas consumer2 7,c7 the cost of service provided to a gas consumer1 as displayed on billing information provided to such gas consumer2 and 7,d7 in the case of nonresidential natural gas meters1 any other information that the meter is programmed to record that is used for billing purposes4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 #c4 ,consumer access to electric energy and natural gas information 7a7 ,eligibility for ,state energy plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking and after the semicolon at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 programs-- 7,a7 to enhance consumer access to and understanding of electric energy and natural gas usage and cost information1 including consumers' own residential and commercial retail electric energy information 7as defined in section #b of the ,e-,access ,act7 and retail natural gas information 7as defined in section #b of the ,e-,access ,act72 and 7,b7 to facilitate the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures2 and 4 7b7 ,guidelines for electric consumer and gas consumer access 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act and subject to paragraph 7#b71 the ,secretary shall issue guidelines that establish model data sharing standards and policies for ,states to provide electric consumers and gas consumers1 and third-party designees of such electric consumers and gas consumers1 with access to retail electric energy information and retail natural gas information4 7#b7 ,consultation ,before issuing the guidelines under paragraph 7#a71 the ,secretary shall-- 7,a7 consult with-- 7i7 ,state and local regulatory authorities2 7ii7 other appropriate ,federal agencies1 including the ,national ,institute of ,standards and ,technology2 7iii7 consumer and privacy advocacy groups2 7iv7 electric utilities and gas utilities2 7v7 the ,national ,association of ,state ,energy ,officials2 and 7vi7 other appropriate entities1 including groups representing public utility commissions1 commercial and residential building owners1 residential contractors1 and groups that represent demand response and electricity data devices and services2 and 7,b7 provide notice and opportunity for comment4 7#c7 ,state and local regulatory action ,in issuing the guidelines under paragraph 7#a71 the ,secretary shall1 to the maximum extent practicable1 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 information1 including actions taken after consideration of the standard established under section #aaa7;d77#ai7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77#ai774 7#d7 ,contents ,the guidelines issued under paragraph 7#a7 shall include guidelines-- 7,a7 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 7or a third-party designee of the electric consumer or gas consumer7 by the electric utility or gas utility of the electric consumer or gas consumer 7or such other entity as may be designated by the utility71 in consultation with1 or with approval from1 as applicable1 the utility's applicable retail regulatory authority2 7,b7 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 7or a third-party designee of such an electric consumer or such a gas consumer71 including that such retail electric energy information and retail natural gas information should be made available-- 7i7 in an electronic machine readable form1 without additional charge1 in conformity with nationally recognized open standards and best practices that are developed through a voluntary1 consensus-based1 multistakeholder process2 7ii7 through a website or other electronic access authorized by the electric consumer or gas consumer1 for a period of at least #ac months after the date on which the usage occurred2 7iii7 in as close to real-time as is reasonably practicable2 7iv7 at the level of specificity that the data is transmitted by the meter or as is reasonably practicable2 and 7v7 in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer or gas consumer2 7,c7 regarding appropriate nationally recognized open standards for data exchange2 7,d7 regarding access of retail electric energy information and retail natural gas information for owners and managers of multitenant commercial and residential buildings2 7,e7 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 consumer1 including standardized authorization language to which an electric consumer or gas consumer will agree prior to such electric consumer or gas consumer authorizing1 or the applicable electric utility or gas utility sharing1 retail electric energy information or retail natural gas information of such electric consumer or gas consumer2 7,f7 specifying that electric utilities and gas utilities should1 when an advanced meter is servicing an electric consumer or gas consumer1 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 consumer1 and where feasible should provide to the electric consumer or gas consumer or third-party designee1 at a minimum1 access to usage information 7not including price information7 of the electric consumer or gas consumer directly from the advanced meter in as close to real-time as is reasonably practicable2 and 7,g7 with respect to the terms and conditions1 which shall be reasonable and non-discriminatory1 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 consumer1 including that-- 7i7 due process be afforded to such third-party by the applicable regulatory authority1 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 authority2 7ii7 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 utility2 and 7iii7 such third-party may receive retail electric energy information and retail natural gas information from an electric utility or gas utility with consumer consent1 except if otherwise prohibited by ,federal law or by a finding of a ,state court or other ,state adjudicatory body4 7#e7 ,revisions ,the ,secretary shall periodically review and1 as necessary1 revise the guidelines issued under paragraph 7#a7 to reflect changes in technology1 privacy needs1 and the market for electric energy and natural gas and related services4 7c7 ,verification and implementation 7#a7 ,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 7b74 7#b7 ,assistance ,subject to the availability of amounts appropriated pursuant to paragraph 7#c71 the ,secretary shall make amounts available to any ,state that has policies described in paragraph 7#a7 that the ,secretary certifies meet the guidelines issued under subsection 7b7 to assist the ,state in implementing programs described in section #cfb7;d77#ag7 of the ,energy ,policy and ,conservation ,act4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjba and #bjbb1 to remain available until expended4