Amendment #106 to H5151

Empowering cities and towns with strategic data

Mrs. Lipper-Garabedian of Melrose moves to amend the bill by inserting after section 1 the following section:

"SECTION 1A. Said Chapter 25 is hereby amended by adding the following section:-

Section 25. All customer data collected by the electric and gas distribution companies and municipal aggregators, contractors, vendors, or other implementation partners as part of an energy audit report or provision of energy efficiency and decarbonization services pursuant to implementation of approved statewide building decarbonization and energy efficiency investment plans shall be confidential. No person shall disclose the name of a customer, the contents of an energy audit report prepared for such customer, or other customer information associated with provision of energy efficiency and decarbonization services to any person other than the following, unless the customer or subsequent purchaser waives his right to confidentiality with respect to such information provided: (1) the customer; (2) a subsequent purchaser of the building serviced; (3) the electric and gas distribution companies; (4) municipal aggregators that administer statewide building decarbonization and energy efficiency investment plans; (5) the authorized vendors and other implementation partners of the electric and gas distribution companies, and municipal aggregators that administer statewide building decarbonization and energy efficiency investment plans; (6) the department of energy resources, its authorized vendors and other implementation partners; (7) the executive office of energy and environmental affairs. However, tenants in an audited building shall have the right to inspect the energy audit report for the building in which they live. However, nothing in this section shall prohibit sharing of customer data between electric and gas distribution companies, municipal aggregators, and municipal light plants as approved by the department in furtherance of the Commonwealth’s public policy goals, including but not limited to integrated energy planning. All customer data collected pursuant to implementation of approved statewide building decarbonization and energy efficiency investment plans, including but not limited to the name of the customer, contents of an energy audit report, decarbonization or energy efficiency measures  installed, and participation in demand response programs, shall not be deemed to be a public record as defined in clause 26 of section 7 of chapter 4 of the General Laws and shall not be subject to demand for production under section 10 of chapter 66 of the General Laws".;

and by inserting after section 13 the following section:

"SECTION 13A. Said Chapter 25A is hereby amended by adding the following section:-

Section 27. Electric distribution companies, municipal aggregators with certified energy plans and municipal utilities shall collect, and report electronically to the department of energy resources, its authorized vendors and implementation partners, building data that identifies all buildings and units therein that received an energy audit and the recommendations made, decarbonization or energy efficiency measures installed, and if participating in any demand response programs, building energy use and cost by fuel type, and, where available, heating fuel(s), existing heating system type(s) and age of system, home energy score, or any other data the commissioner may request relating to the delivery of the plans. This data shall be reported quarterly to the commissioner of energy resources, or their designees. All data collected and reported pursuant to this subsection shall be considered confidential customer data and subject to the requirements of subsection (j) section 21 of chapter 25. In accordance with subsection (j) of section 21 of chapter 25, such data shall not be deemed to be a public record as defined in clause 26 of section 7 of chapter 4 of the General Laws and shall not be subject to demand for production under section 10 of chapter 66 of the General Laws. The department shall aggregate and report customer energy efficiency and decarbonization data provided by the electric distribution companies, municipal aggregators with certified energy plans, and municipal utilities according to the data aggregation methods approved by the department".

Additional co-sponsor(s) added to Amendment #106 to H5151

Empowering cities and towns with strategic data