H.R. 7741

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7741 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7741

To promote competition in the area of digital energy management tools, 
enhance consumer access to electric energy and natural gas information, 
allow for the development and adoption of innovative products and 
services to help consumers, organizations, and governments manage their 
energy usage and improve electric grid reliability, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 26, 2026

Mr. Mullin (for himself and Mr. Levin) 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 development and adoption of innovative products and 
services to help consumers, organizations, and governments manage their 
energy usage and improve electric grid reliability, 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) Commission.--The term ``Commission'' means the Federal 
Energy Regulatory Commission.
(2) Covered wholesale electricity market.--The term 
``covered wholesale electricity market'' means a wholesale 
electricity market regulated by, or otherwise subject to the 
jurisdiction of, the Federal Energy Regulatory Commission.
(3) Electric consumer.--The term ``electric consumer'' has 
the meaning given the term in section 3 of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(4) Electric meter software platform.--The term ``electric 
meter software platform'' means the meter of an electric 
utility and any accompanying software that enables software 
applications to be developed, installed, and executed on the 
grid edge computer for the purpose of analyzing or transmitting 
retail electric energy information or grid edge consumer 
insights.
(5) Electric utility.--The term ``electric utility'' has 
the meaning given the term in section 3 of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(6) Gas consumer.--The term ``gas consumer'' has the 
meaning given the term in section 302 of the Public Utility 
Regulatory Policies Act of 1978 (15 U.S.C. 3202).
(7) Gas utility.--The term ``gas utility'' has the meaning 
given the term in section 302 of the Public Utility Regulatory 
Policies Act of 1978 (15 U.S.C. 3202).
(8) Green button connect my data.--The term ``Green Button 
Connect My Data'' means the standard of the same name that is 
maintained by the Green Button Alliance (or any successor 
organization) that enables access to and secure transmission of 
retail electric energy information and retail natural gas 
information by an electric consumer or gas consumer, including 
any subsequent updates to the standard or successor standards.
(9) 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 the premises of 
an electric consumer; and
(B) is capable of running 1 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.
(10) Grid edge consumer insight.--The term ``grid edge 
consumer insight'' means--
(A) the power, voltage, current, or other aspects 
of electric energy measured and analyzable by a grid 
edge computer; and
(B) any calculation, estimate, or inference from a 
grid edge computer that pertains to, or reflects the 
characteristics of, the use of electric energy by a 
particular electric consumer.
(11) Independent system operator.--The term ``Independent 
System Operator'' has the meaning given the term in section 3 
of the Federal Power Act (16 U.S.C. 796).
(12) Meter.--The term ``meter'' means a device that 
measures and records energy usage data at any interval.
(13) Regional transmission organization.--The term 
``Regional Transmission Organization'' has the meaning given 
the term in section 3 of the Federal Power Act (16 U.S.C. 796).
(14) 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 that electric consumer at the level of each line 
item;
(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; and
(F) customer-specific information including, at a 
minimum--
(i) customer name, mailing address, 
premises address, contact information, payment 
history, and account number; and
(ii) any information that may be necessary 
for participation in, or to determine customer 
eligibility for, bill payment assistance, 
renewable energy, demand-side management, load 
management, energy efficiency programs, or 
wholesale markets.
(15) 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 that 
gas consumer at the level of each line item;
(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; 
and
(E) customer-specific information including, at a 
minimum--
(i) customer name, mailing address, 
premises address, contact information, payment 
history, and account number; and
(ii) any information that might be 
necessary for participation in, or to determine 
customer eligibility for, bill payment 
assistance, demand-side management, energy 
efficiency programs, or wholesale markets.
(16) Secretary.--The term ``Secretary'' means the Secretary 
of Energy.
(17) State energy office.--The term ``State energy office'' 
means the office or agency of a State responsible for 
developing the State energy conservation plan for the State 
under section 362 of the Energy Policy and Conservation Act (42 
U.S.C. 6322).

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--
``(A) to enhance consumer access to, and 
understanding of, electric energy and natural gas usage 
and cost information, including, with respect to each 
particular customer--
``(i) the residential and commercial retail 
electric energy information (as defined in 
section 2 of the E-Access Act) of that 
customer; and
``(ii) the retail natural gas information 
(as defined in that section) of that customer;
``(B) to facilitate the development and adoption of 
innovative products and services to assist consumers in 
managing energy consumption and expenditures; and
``(C) to increase the adoption of measured, 
performance-based energy efficiency and demand response 
programs; and''.
(b) Guidelines for Electric Consumer and Gas Consumer Data 
Access.--
(1) In general.--Not later than 180 days after the date of 
enactment of this Act and subject to paragraph (2), the 
Secretary and the Commission shall jointly develop and issue 
guidelines that establish model data sharing standards and 
policies for States to provide electric consumers and gas 
consumers, and third-party designees of those electric 
consumers and gas consumers, with access to retail electric 
energy information and retail natural gas information.
(2) Consultation.--Before issuing 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 
guidelines under paragraph (1), the Secretary, to the maximum 
extent practicable, shall 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.--In carrying out paragraph (1), the Secretary 
shall include--
(A) guidelines 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 applicable retail regulatory authority 
of the utility;
(B) guidelines 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 an electric consumer or a gas 
consumer), including that the 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 are transmitted by the meter or grid edge 
computer, to the extent 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 DataGuard Energy 
Data Privacy Program of the Department of 
Energy or other programs approved by the 
Secretary;
(C) guidelines regarding appropriate nationally 
recognized open standards for data exchange;
(D) guidelines regarding consumer consent 
requirements to ensure that an electric consumer or gas 
consumer can conveniently and securely authorize a 
third-party designee to access the retail electric 
energy information or retail natural gas information of 
that electric consumer or gas consumer, including 
standardized authorization language to which an 
electric consumer or gas consumer will agree prior to 
the 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 that electric consumer or gas 
consumer;
(E) guidelines 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 the device of the electric consumer or 
gas consumer or through the network of an electric 
consumer or gas consumer to a third-party designee of 
the electric consumer or gas consumer;
(F) with respect to the terms and conditions to be 
agreed to by a third-party designee of an electric 
consumer or a gas consumer and an electric utility or a 
gas utility for access to the retail electric energy 
information or retail natural gas information of that 
electric consumer or gas consumer, guidelines 
specifying that--
(i) those terms and conditions shall be 
reasonable and nondiscriminatory;
(ii) those terms and conditions shall not 
require anything of a third-party designee 
beyond requiring--
(I) the third-party designee to 
provide to the electric utility or gas 
utility--
(aa) the contact 
information and Federal tax 
identification number of the 
third-party designee; and
(bb) an acknowledgment of 
compliance with a privacy 
requirement, such as the 
DataGuard Energy Data Privacy 
Program of the Department of 
Energy; and
(II) that the third-party designee 
has not been disqualified by the 
applicable retail regulatory authority 
of the utility;
(iii) due process shall be afforded to the 
third-party designee by the applicable 
regulatory authority, including by giving the 
third-party designee an opportunity to rebut 
allegations of wrongdoing by that third-party 
designee prior to any enforcement action being 
taken by the applicable regulatory authority;
(iv) the online authorization process 
offered by the applicable gas utility or 
electric utility to the consumer shall be user-
friendly, and the personal information required 
to establish identity shall be consistent with, 
and no more onerous than, the standard 
practices of the applicable gas utility or 
electric utility; and
(v) the 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;
(G) guidelines specifying that electric utilities 
and gas utilities shall, on a periodic basis as 
recommended by the Secretary, provide certification by 
an independent body of adherence to the latest Green 
Button Connect My Data or another, similar, standard;
(H) guidelines specifying that Green Button Connect 
My Data system availability, as provided by electric 
utilities and gas utilities, shall exceed 99-percent 
availability without severe errors or defects;
(I) guidelines specifying that electric utilities 
and gas utilities shall report on a publicly available 
website the timeliness and performance of the 
processing of electronic data-sharing authorizations 
and the timeliness of completing third-party 
administrative and technical onboarding with an 
electric utility or gas utility, including 
recommendations from the Secretary as to whether 
electric utilities and gas utilities, or State or 
Federal agencies, should host such publicly available 
websites;
(J) guidelines specifying that--
(i) an electric meter software platform 
shall--
(I) have terms that are fair, 
reasonable, and nondiscriminatory to 
any authorized user;
(II) transparently disclose uptime, 
performance, and availability; and
(III) transparently disclose the 
timelines and procedures for evaluating 
new software applications submitted for 
deployment on the platform;
(ii) software developers and distributed 
energy resources that use electric meter 
software platforms or retail electric customer 
information shall--
(I) have access to platform 
software documentation; and
(II) be afforded due process rights 
with regard to disputes concerning 
functionality or availability;
(iii) owners or operators of electric meter 
software platforms shall address fair 
competition issues, including self-
preferencing, surveillance of competitive 
software applications, and undue use of default 
software applications that have the effect of 
reducing consumer choices; and
(iv) electric consumers, gas consumers, 
electric utilities, and gas utilities shall 
have the right to select, install, and operate 
applications of their choosing on the electric 
meter, subject to reasonable technical 
requirements; and
(K) guidelines 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 the consent 
of the consumer, 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 the attributes of individual 
consumers when publishing aggregate information.
(5) Revisions.--Every 3 years, the Secretary shall 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 energy office 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 paragraph (18) of section 
362(d) of the Energy Policy and Conservation Act (42 U.S.C. 
6322(d)) (as amended by subsection (a)).
(3) Authorization of appropriations.--There is authorized 
to be appropriated to carry out this subsection $10,000,000 for 
fiscal year 2026, to remain available until expended.
(d) Report on Accurate Electric Meter Settlement.--
(1) In general.--Not later than 1 year after the date of 
enactment of this Act, the Secretary and the Commission shall 
jointly develop and submit to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report evaluating 
the costs and benefits of electric utilities transmitting meter 
data for each individual electric consumer to covered wholesale 
electricity markets for the purpose of settling market prices.
(2) Inclusions.--The report submitted under paragraph (1) 
shall include--
(A) the number of customers of electric utilities 
across the United States served by advanced metering 
infrastructure;
(B) the number of customers and the associated 
capacity of megawatts of flexible electricity demand 
that lack access to, or settlement on, electric meter 
data;
(C) case studies of regions across the United 
States in which electric meter data is used for 
settling covered wholesale electricity market 
purchases, including best practices;
(D) an analysis of potential anticompetitive 
impacts of denying customers of electric utilities 
access to electric meter data, which may include 
impacts from preventing the aggregation or transmission 
of electric meter data for the purposes of settling 
covered wholesale electricity market purchases;
(E) an estimate of the amount of taxpayer and 
electric ratepayer dollars spent on electric metering 
and supporting systems associated with restructured 
retail markets that do not settle covered wholesale 
electricity market purchases based on electric meter 
data;
(F) an estimate of the number of customers of 
electric utilities that are unable to participate in 
demand-side covered wholesale electricity market 
programs because the applicable electric meter is not 
programmed at the necessary time intervals;
(G) an estimate of the reasonably foreseeable costs 
that electric utilities would incur to reprogram 
electric meters--
(i) to participate in demand-side covered 
wholesale electricity market programs; and
(ii) to match the requirements of operators 
of relevant covered wholesale electricity 
markets with respect to the use of demand-side 
resources;
(H) an estimate of the reasonably foreseeable costs 
that electric utilities, Independent System Operators, 
and Regional Transmission Organizations would incur in 
settling covered wholesale electricity market purchases 
based on electric meter data; and
(I) an analysis of potential benefits to 
reliability, customer choice, and technology 
availability that may result from settling covered 
wholesale electricity market purchases based on 
electric meter data.
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