NY State Senate Bill 2009-S5356

Senate Bill S5356

2009-2010 Legislative Session

Provides residential electric customers with an option for greater control of the cost of such service by installing real time smart meters

download bill text pdf

Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Apr 27, 2009	referred to energy and telecommunications

2009-S5356 (ACTIVE) - Details

See Assembly Version of this Bill:: A7351
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §39-a, Pub Serv L

2009-S5356 (ACTIVE) - Summary

Provides residential electric customers with an option for greater control of the cost of such service by the installation of real time smart meters; establishes sales, rental and service providers to be certified by the public service commission; authorizes the county of Westchester to develop and implement a real time smart metering pilot program within such county.

2009-S5356 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5356

 TITLE OF BILL :

An act to amend the public service law, in relation to providing real
time smart metering technology to residential electricity customers


 PURPOSE :

This bill seeks to facilitate the use of "smart metering" of
electricity by residential users so that households can reduce the
cost of electrical services by utilizing electricity during off-peak
times which is Cheaper than using electricity during high peak demand
times, and to enable Westchester County to develop and implement a
real time pricing smart metering pilot program immediately.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1: Legislative intent.

Section 2: Adds a new Public Service Law section 39-a, to encourage
the use of real time pricing smart metering for residential users.
Larger commercial and industrial users of electricity already have
access to this new metering technology.

This section provides:

* Definitions for what the new "smart meters" must be able to do so
that residential consumers can easily compare on a 1/2 hour basis the
amount of electricity the consumer uses and the price of such
electricity at the time of use;

* Authorizes the Public Service Commission (PSC) to certify companies
that can sell, maintain or repair such smart meters;

* Allows electric utility companies and independent vendors to sell,
maintain or repair such smart meters; and

* Enables Westchester County legislature or board of supervisors to
immediately develop and implement a real time smart metering pilot
program within the county of Westchester.

 JUSTIFICATION :

Smart metering programs already exist for large commercial and
industrial users of electricity, which have proven successful in New
York and throughout the United States as a means to control costs,
conserve energy, and prevent service disruptions.

Smart metering and demand response programs could provide residential
electricity consumers with electricity rate price signals so that such
consumers would have accurate knowledge to properly alter their
behavior and utilize electricity during cheaper off-peak times of the
day.

This would have two benefits. First, the cost of electricity could be
reduced for residential customers because it would be utilized when
the price of electricity was low. Second, shifting the demand for
electricity from peak times to off peak times would reduce the stress
that is placed on electrical generating plants, transmission lines,
and the national electrical grid to provide more power during peak
usage times.  This, in turn, would reduce the likelihood of blackouts
and other service disruptions that can happen when power plants and
transmission lines are forced to produce large amounts of electricity
at or above their normal generating capacity.
In Westchester County, for example, providing consumers with real time
pricing would allow them to choose using electricity at a peak time of
day when it could cost 52.16 dollars per kilowatt or during an
off-peak time when it costs about 9.8 cents per kilowatt hour.

 PRIOR LEGISLATIVE HISTORY :

2008 - S.7876 - Referred to the Energy and Telecommunications
Committee

 FISCAL IMPACT :

None Noted.

 EFFECTIVE DATE :
This act would take effect 180 days after it shall have become law.

2009-S5356 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5356

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to  amend the public service law, in relation to providing real
  time smart metering technology to residential electricity customers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature intends to provide
residential customers with the ability to control and manage electricity
usage and the time of usage in their homes. The implementation of a real
time pricing smart meter program should  help  to  conserve  energy  and
prevent  peak-time  system  overloads.  The expansion of the use of real
time pricing smart meters from the commercial and industrial markets  to
the  residential  market  should  benefit consumers with reduced monthly
costs and stimulate market competition.
  S 2. The public service law is amended by adding a new section 39-a to
read as follows:
  S 39-A. REAL TIME PRICING SMART METERING. 1. AS USED IN THIS  SECTION,
THE TERM "REAL TIME SMART METER" OR "METER" SHALL MEAN A METERING DEVICE
THAT HAS THE FOLLOWING CAPABILITIES:
  (A)  COUPLED WITH AN IN-HOME DISPLAY DEVICE THAT CAN DISPLAY REAL TIME
USAGE OR DEMAND AND REAL TIME PRICING IN USEFUL  COMPARISONS  INCLUDING,
BUT NOT LIMITED TO, MEANS SUCH AS SIDE BY SIDE BAR GRAPHS OR COLOR CODED
SYSTEMS THAT REFLECT CHANGING UTILITY DEMAND AND PRICING;
  (B)  RECORDING  AND  STORING  AND  INTERPRETING KILOWATT PER HOUR USER
RATES IN ONE-HALF HOUR INTERVALS;
  (C) COMMUNICATING REAL TIME PRICING THRESHOLDS TO HOME  APPLIANCES  TO
REDUCE  APPLIANCE  USAGE AS DETERMINED BY THE RATEPAYER OR IN AGREEMENTS
WITH AN ENERGY PROVIDER;
  (D) BEING READ REMOTELY OR RECEIVING DATA FROM, BUT  NOT  LIMITED  TO,
THE  INTERNET,  WIRELESS  FIDELITY  NETWORK,  BROADBAND OVER POWER LINE,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01727-01-9

S. 5356                             2

POWER LINE CARRIER, ETHERNET, PHONE  LINE,  WIRELESS  CELL  PHONE  LINE,
RADIO FREQUENCY OR OTHER COMMUNICATIONS SYSTEM;
  (E) STORING USAGE DATA UP TO THREE MONTHS;
  (F)  DETECTING  A  LOSS OF POWER TO A CUSTOMER WITH IMMEDIATE COMMUNI-
CATION OF SUCH LOSS TO THE ENERGY PROVIDER; AND
  (G)  PROVIDING  DATA  ANALYSIS  ON  SUCH  AS  HISTORICAL   CONSUMPTION
PATTERNS,  UTILIZATION RATES, POWER OUTAGES, PEAK DEMAND TIMES AND POWER
REQUIREMENTS, COSTS PER KILOWATT HOUR, PRICING, AND USAGE HISTORY.
  2. (A) THE COMMISSION SHALL PROMOTE THE UTILIZATION OF REAL TIME SMART
METERS BY RESIDENTIAL ELECTRICITY CUSTOMERS IN THIS STATE.  FURTHERMORE,
IT  SHALL  PROVIDE FOR THE CERTIFICATION OF COMPANIES WHO INSTALL, RENT,
SELL, MAINTAIN, REPAIR, ALTER OR REPLACE SUCH METERS.
  (B) RESIDENTIAL ELECTRICITY CUSTOMERS SHALL HAVE THE OPTION TO CONTIN-
UE WITH THEIR PRESENT UTILITY METERING SYSTEM OR ACQUIRING A  REAL  TIME
SMART  METER. SUCH METER MAY BE PURCHASED OR RENTED FROM THE SUPPLIER OF
ELECTRICITY OR FROM A THIRD PARTY CERTIFIED BY THE COMMISSION TO  TRANS-
ACT  SUCH  BUSINESS. PURCHASES MAY BE MADE BY CASH OR BY FINANCING FOR A
TERM OF UP TO TWENTY YEARS. RENTAL AGREEMENTS MAY ALSO BE  ENTERED  INTO
ON AN ANNUAL OR TERM OF YEARS BASIS.
  (C)  (I) THE COST OF ELECTRICITY FOR A RESIDENTIAL CUSTOMER WHO ELECTS
TO CHANGE TO A REAL TIME SMART METER SHALL BE BASED ON:
  (1) THE CUSTOMER'S ELECTRICITY USAGE AND TIME OF USAGE; AND
  (2) A FLAT FEE THAT SHALL INCORPORATE: (A) A GENERATION BID COST;  AND
(B)  SERVICE SIZE COSTS BASED ON THE RESIDENTIAL CUSTOMER'S SERVICE SIZE
CAPACITY AS DETERMINED BY THE SUPPLIER OF ELECTRICITY.
  (II) AN ADDITIONAL SURCHARGE  SHALL  BE  LEVIED  ON  SUCH  RESIDENTIAL
CUSTOMER IF SUCH ELECTRICITY USAGE EXCEEDS THE SERVICE SIZE CAPACITY.
  (III)  THE  VARIABLE COSTS SHALL BE PAID BY A RESIDENTIAL CUSTOMER FOR
ELECTRICITY USED AS INDICATED BY THE REAL TIME SMART METER AND THE  FLAT
FEE  COSTS SHALL BE PAID BY SUCH CUSTOMER, AS DETERMINED BY THE SUPPLIER
OF ELECTRICITY AND APPROVED BY THE COMMISSION, AS PART  OF  THE  REGULAR
BILLING CYCLE.
  (D)  THE  COMMISSION  SHALL  APPROVE  ALL  CHARGES, INCLUDING VARIABLE
RATES, FIXED RATES AND SURCHARGES.
  3. ELECTRICITY  TRANSFER  AND  DELIVERY  UTILITIES  REGULATED  BY  THE
COMMISSION  MAY  REACH  AGREEMENT  WITH THE COMMISSION TO FOREGO PARTIC-
IPATION IN THE REAL TIME SMART METER PROGRAM FOR  AT  LEAST  TEN  YEARS.
DURING  THIS  PERIOD  OF  TIME NEW METER SERVICE PROVIDERS AND COMMUNITY
PROVIDERS WOULD HAVE THE OPPORTUNITY TO  PROVIDE  SUCH  METERS  IN  THIS
MARKET.  IF  SUCH  AN AGREEMENT IS ENTERED INTO, SUCH UTILITIES SHALL BE
ALLOWED TO RECEIVE A METER DECOMMISSIONING FEE. THE METER  DECOMMISSION-
ING  FEE  SHALL BE AN AMOUNT AGREED UPON BY SUCH UTILITY AND THE COMMIS-
SION.
  4.  THE COMMISSION SHALL DEVELOP GUIDELINES FOR REAL TIME SMART METER-
ING PROGRAMS. PROVIDED, HOWEVER, UNTIL SUCH  GUIDELINES  ARE  DEVELOPED,
THE  WESTCHESTER  COUNTY  LEGISLATURE  OR BOARD OF SUPERVISORS MAY IMME-
DIATELY DEVELOP AND IMPLEMENT A REAL TIME SMART METERING  PILOT  PROGRAM
WITHIN THE COUNTY OF WESTCHESTER. THE PARAMETERS OF SUCH A PROGRAM SHALL
INCLUDE:    THE CUSTOMERS OF THE COUNTY TO BE SERVED; TECHNOLOGIES TO BE
USED; DETAILED PERFORMANCE MEASURES INCLUDING ENERGY CONSERVATION GOALS;
RESIDENTIAL ELECTRICITY CUSTOMER CONSUMER PROTECTIONS, AND  THE  REQUEST
FOR PROPOSAL (RFP) PROCESS DEVELOPMENT AND IMPLEMENTATION. THE WESTCHES-
TER  COUNTY  LEGISLATURE  OR BOARD OF SUPERVISORS SHALL PROVIDE THE REAL
TIME SMART METERING PLAN TO THE COMMISSION FOR THE OFFICIAL RECORD.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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