HF 1683

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 11:59pm

A bill for an act
relating to utilities Next ; providing access rights to energy usage data maintained by
Previous utilities Next ; amending Minnesota Statutes 2018, section 13.685; proposing coding for
new law in Minnesota Statutes, chapter 216B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 13.685, is amended to read:

13.685 MUNICIPAL UTILITY CUSTOMER DATA.

Data on customers of municipal electric Previous utilities Next are private data on individuals or
nonpublic data, but may be released to:

(1) a law enforcement agency that requests access to the data in connection with an
investigation;

(2) a school for purposes of compiling pupil census data;

(3) the Metropolitan Council for use in studies or analyses required by law;

(4) a public child support authority for purposes of establishing or enforcing child support;
deleted text begin or
deleted text end

new text begin (5) a person authorized to receive the data under section 216B.078; or
new text end

deleted text begin (5) deleted text end new text begin (6) new text end a person where use of the data directly advances the general welfare, health, or
safety of the public; the commissioner of administration may issue advisory opinions
construing this clause pursuant to section 13.072.

Sec. 2.

new text begin [216B.078] CUSTOMER ENERGY DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Customer" means a person contracting for or purchasing electric or natural gas
service from a utility.
new text end

new text begin (c) "Customer data" means all data a utility collects, creates, receives, or maintains in
which a customer is identified or can be identified as the subject of the data. Customer data
includes energy usage data.
new text end

new text begin (d) "Energy usage data" means a customer's account information and the data a utility
collects from the customer's meter that reflects the quantity, quality, or timing of the
customer's natural gas use, electricity use, or electricity production. Customer energy usage
data includes but is not limited to data regarding:
new text end

new text begin (1) the amount and timing of energy use and production;
new text end

new text begin (2) energy outages, frequency, intermittency, or shutoffs;
new text end

new text begin (3) pricing and rate data applicable to the customer; and
new text end

new text begin (4) any other energy usage data used to calculate the customer's bill.
new text end

new text begin (e) "Summary energy usage data" means statistical records and reports derived from
energy usage data that do not contain a customer's personally identifiable information.
new text end

new text begin (f) "Personally identifiable information" means any data in which a customer is identified
or can be identified as the subject of the data.
new text end

new text begin (g) "Third party" means a person, other than a customer, who requests customer energy
usage data or summary energy data from the utility that maintains the data.
new text end

new text begin (h) "Utility" means a public utility, retail municipal utility, or retail cooperative
association that provides electric or natural gas service to Minnesota customers.
new text end

new text begin Subd. 2. new text end

new text begin Customer access to energy usage data. new text end

new text begin (a) A utility must provide a customer
with access to the customer's own energy usage data.
new text end

new text begin (b) Access must be convenient for the typical customer. A utility's procedure to access
energy usage data must be user-friendly. The utility must present the energy usage data in
a format comprehensible to the typical customer.
new text end

new text begin (c) A utility must provide access to energy usage data in as close to real-time as
practicable.
new text end

new text begin (d) Access to energy usage data must be provided free of charge to the customer, except
that a utility may charge a fee if a customer requests access to energy usage data in a format
or standard that differs from the format or standard the utility generally offers to customers.
new text end

new text begin (e) A utility must notify a customer if it substantially modifies the customer's energy
usage data. The notification must include a detailed explanation of the changes made to the
customer's energy usage data.
new text end

new text begin Subd. 3. new text end

new text begin Third-party access to energy usage data. new text end

new text begin (a) If a customer provides
authorization, a utility must provide a third party with access to the customer's energy usage
data.
new text end

new text begin (b) The procedure a utility uses to allow a customer to authorize third-party access to
energy usage data must be (1) convenient for the typical customer, and (2) available on the
utility's website and in physical form by mail.
new text end

new text begin (c) The scope of the authorization may limit a third party's access to specific elements
of the customer's energy usage data.
new text end

new text begin (d) An authorization to access energy usage data is valid for the period of time specified
in the written authorization. An authorization may include a period without a specified end
date.
new text end

new text begin (e) A customer may revoke an authorization for third-party access at any time. The
utility's procedure to revoke authorization must be (1) convenient for the typical customer,
and (2) available on the utility's website and in physical form by mail.
new text end

new text begin (f) Subject to the scope of the authorization, an authorized third party must have the
same level of access to the customer's energy usage data as the customer.
new text end

new text begin (g) To the extent a third party with access to energy usage data under this subdivision
maintains the data independent of the utility providing access, the third party is subject to
the data security and privacy requirements under subdivision 6.
new text end

new text begin Subd. 4. new text end

new text begin Public access to summary energy data. new text end

new text begin (a) A utility must prepare and make
available summary energy usage data upon the written request of any person. The procedure
a utility uses to allow a person to request summary energy data must be (1) convenient for
the typical customer, and (2) available on the utility's website. A utility may charge the
requester a fee to prepare and supply summary energy data.
new text end

new text begin (b) Summary energy usage data provided under this subdivision may include aggregated
sets of customer energy usage data from no less than 15 customers. A single customer's
energy use must not constitute more than 15 percent of total energy consumption for the
requested data set. Summary energy usage data may be disaggregated on a per-customer
basis, provided that the customer's identity is not ascertainable.
new text end

new text begin (c) Within ten days of the date a request for summary energy data is received, a utility
must respond by providing the requester with:
new text end

new text begin (1) the summary energy data requested or a reference to responsive summary energy
data published under paragraph (d);
new text end

new text begin (2) a written statement that describes any fee charged and a time schedule for preparing
the requested summary energy data, including reasons for any time delays; or
new text end

new text begin (3) a written statement stating reasons why the utility has determined the requested
summary energy data cannot be prepared.
new text end

new text begin (d) A utility may make summary energy data publicly available on its website.
new text end

new text begin Subd. 5. new text end

new text begin Fees charged for data. new text end

new text begin A utility charging a data access fee authorized by this
section must:
new text end

new text begin (1) base the fee amount on the actual costs incurred by the utility to create and deliver
the requested data;
new text end

new text begin (2) consider the reasonable value of the data prepared to the utility and, if appropriate,
reduce the fee assessed to the requesting person;
new text end

new text begin (3) provide the requesting person with an estimate and explanation of the fee; and
new text end

new text begin (4) collect the fee before preparing or supplying the requested data.
new text end

new text begin Subd. 6. new text end

new text begin Data security and privacy. new text end

new text begin (a) A utility must establish appropriate,
industry-standard safeguards to protect the security of energy usage data it maintains. A
utility is prohibited from selling, sharing, licensing, or disseminating energy usage data,
except as authorized under this section or by state or federal law.
new text end

new text begin (b) Previous Utilities must implement risk management practices to protect customer data. Risk
management practices must include but are not limited to practices that:
new text end

new text begin (1) identify, analyze, and mitigate cybersecurity risks to customer data;
new text end

new text begin (2) reasonably protect against loss and unauthorized use, access, or dissemination of
customer data;
new text end

new text begin (3) implement employee training measures to preserve data integrity; and
new text end

new text begin (4) maintain a comprehensive data breach response program to identify, mitigate, and
resolve an incident that causes or results in the unauthorized use, access, or dissemination
of customer data. The data breach response program must provide for complete, accurate,
and timely notice to customers whose customer data may have been compromised.
new text end

new text begin (c) If a utility uses a third-party service to maintain or store customer data, the utility
must ensure that the third-party service implements risk management practices that meet
the requirements under paragraph (b).
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin The commissioner may enforce this section as provided under
section 45.027.
new text end