HouseH.R. 10284119th Congress
Smart Meter Data Privacy Protection Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10284 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10284
To limit the use by certain State regulated electric utilities of
certain data relating to the use of electric energy by electric
consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 3, 2026
Mr. Riley of New York (for himself and Mr. Kennedy of Utah) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To limit the use by certain State regulated electric utilities of
certain data relating to the use of electric energy by electric
consumers, 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 ``Smart Meter Data Privacy Protection
Act''.
SEC. 2. PRIVACY PROTECTIONS FOR PERSONAL CONSUMPTION DATA.
(a) Prohibition on Use of Personal Consumption Data.--A covered
utility may not use (including to license, sell, or otherwise monetize
or use for commercial purposes) the personal consumption data of an
electric consumer that the covered utility serves unless such use is
for an authorized operational purpose.
(b) Annual Reports.--Each covered utility shall, not later than 1
month after the end of each fiscal year of the covered utility, submit
to the Federal Trade Commission a report on how the covered utility
uses the personal consumption data of electric consumers that the
covered utility serves, which shall include--
(1) what type of personal consumption data the covered
utility collected from electric consumers during such fiscal
year;
(2) how the covered utility used that personal consumption
data; and
(3) with whom the covered utility shared that personal
consumption data.
(c) Payment for Violations.--
(1) In general.--If the Federal Trade Commission determines
that a covered utility used the personal consumption data of an
electric consumer in violation of subsection (a), the covered
utility shall credit the bill of that electric consumer in an
amount that is 3 times the revenue attributable to such use.
(2) Limitation.--In carrying out paragraph (1), a covered
utility may not recover, from any electric consumer that the
covered utility serves, the cost of any amount credited under
such paragraph.
(3) Consultation.--In carrying out this subsection, the
Federal Trade Commission may consult with the Federal Energy
Regulatory Commission.
(d) Enforcement by Federal Trade Commission.--
(1) Unfair and deceptive acts or practices.--A violation of
this section or a regulation promulgated under such section
shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce this section and the regulations promulgated
under such section in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any person who violates such section or a
regulation promulgated under such section shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(e) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of such State has been or is threatened or adversely
affected by an act or practice in violation of this section, or
a regulation promulgated under such section, the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate State court or an
appropriate district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with such section or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general of the State involved shall provide to the
Federal Trade Commission a written notice of such action and a
copy of the complaint for such action. If the attorney general
determines that it is not feasible to provide the notice
described in this paragraph before the filing of the action,
the attorney general shall provide written notice of the action
and a copy of the complaint to the Federal Trade Commission
immediately upon the filing of the action.
(3) Authority of federal trade commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Federal Trade Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Federal Trade Commission or the
Attorney General of the United States has instituted a
civil action for violation of this section or a
regulation promulgated under such section (referred to
in this subparagraph as the ``Federal action''), no
State attorney general may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of such section or
regulation alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations, administer oaths
and affirmations, or compel the attendance of witnesses or the
production of documentary and other evidence.
(f) Data Security and Retention.--The Federal Trade Commission
shall establish reasonable security and retention standards for any
personal consumption data used for an authorized operational purpose.
(g) Preemption.--This Act establishes a Federal baseline and does
not preempt State laws providing stronger privacy protections for
personal consumption data.
(h) Definitions.--In this Act:
(1) Authorized operational purposes.--The term ``authorized
operational purposes'' means billing, outage management,
electric grid reliability, regulatory compliance, and electric
consumer-authorized demand response programs.
(2) Covered utility.--The term ``covered utility'' means a
State regulated electric utility (as such term is defined in
section 3 of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 21 2602)) that is not wholly owned by United States
persons.
(3) 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).
(4) Personal consumption data.--The term ``personal
consumption data'' means data collected by a smart meter.
(5) Smart meter.--The term ``smart meter'' means a digital
device that records the use of electric energy by an electric
consumer in near real time and automatically communicates that
data to a covered utility.
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