S. 3926 — E-Access Act

This section defines 17 terms for purposes of the Act, including by cross-reference to existing law for "Commission" (i.e., Federal Energy Regulatory Commission), "covered wholesale electricity market," "electric consumer" and "electric utility" (as in PURPA §3, 16 U.S.C. 2602), "gas consumer" and "gas utility" (as in PURPA §302, 15 U.S.C. 3202), "Independent System Operator" and "Regional Transmission Organization" (as in Federal Power Act §3, 16 U.S.C. 796), "meter," "Secretary" (i.e., Secretary of Energy), and "State energy office." It also defines new data- and technology-related terms, including "electric meter software platform" (i.e., electric utility meter and software for grid-edge applications), "Green Button Connect My Data" (i.e., standard maintained by Green Button Alliance for secure transmission of retail electric and natural gas data), "grid edge computer" (i.e., device measuring electric energy at consumer premises capable of real-time software analysis), "grid edge consumer insight" (i.e., electric measurements or inferences about consumer usage), "retail electric energy information" (i.e., usage data, prices, billing costs, grid-edge insights, and customer details necessary for energy programs or wholesale markets), and "retail natural gas information" (i.e., analogous data for natural gas).

This section amends state energy conservation plan requirements under the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) by adding a new paragraph (18) requiring programs to promote competition in digital energy management tools—(A) to enhance consumer access to and understanding of residential and commercial retail electric energy information (as defined in the E-Access Act) and retail natural gas information; (B) to facilitate development and adoption of innovative products and services for managing energy consumption and expenditures; and (C) to increase adoption of measured, performance-based energy efficiency and demand response programs. The section further directs the Secretary of Energy and Federal Energy Regulatory Commission, not later than 180 days after enactment, to jointly issue guidelines—developed after consultation with state regulators, federal agencies, consumer advocates, utilities, and other stakeholders—establishing model data sharing standards and policies for electric and gas utilities to provide consumers and their third-party designees timely access to such information in electronic machine-readable form (including at least 24 months of historical data and as close to real-time as practicable), consistent with open standards, consumer consent requirements, privacy protections (e.g., DOE's DataGuard program), and state regulatory actions (including under new PURPA standards).