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

                                   296

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Energy

AN ACT to amend the energy law, in relation to the installation of smart
  or advanced meters

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

  Section 1. The energy law is amended by adding a  new  article  23  to
read as follows:
                               ARTICLE 23
                           RESIDENTIAL ENERGY
SECTION 23-101. DEFINITIONS.
        23-102. SMART OR ADVANCED METERS.
  S 23-101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "MASTER  METER."  A METER THAT MEASURES ENERGY USAGE IN A BUILDING
OCCUPIED BY MORE THAN ONE TENANT USING A COMMON UTILITY METER.
  2. "SMART METER" OR "ADVANCED METER." A METERING DEVICE THAT  HAS  THE
FOLLOWING CAPABILITIES:
  (A)  IS  COUPLED  WITH AN IN-HOME DISPLAY DEVICE THAT CAN DISPLAY REAL
TIME USAGE OR DEMAND AND REAL TIME PRICING IN USEFUL COMPARISONS INCLUD-
ING, BUT NOT LIMITED TO, MEANS SUCH AS SIDE BY SIDE BAR GRAPHS OR  COLOR
CODED SYSTEMS THAT REFLECT CHANGING UTILITY DEMAND AND PRICING;
  (B)  RECORDS,  STORES  AND  INTERPRETS KILOWATT PER HOUR USER RATES IN
ONE-HALF HOUR INTERVALS;
  (C) COMMUNICATES REAL TIME PRICING THRESHOLDS TO  HOME  APPLIANCES  TO
REDUCE  APPLIANCE  USAGE AS DETERMINED BY THE RATEPAYER OR IN AGREEMENTS
WITH AN ENERGY PROVIDER;
  (D) READS REMOTELY OR  RECEIVES  DATA  FROM  A  COMMUNICATION  SYSTEM,
INCLUDING,  BUT NOT LIMITED TO, THE INTERNET, WIRELESS FIDELITY NETWORK,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01558-01-1
              

A. 296                              2

BROADBAND OVER POWER LINE, POWER LINE  CARRIER,  ETHERNET,  PHONE  LINE,
WIRELESS CELL PHONE LINE OR RADIO FREQUENCY;
  (E) STORES USAGE DATA UP TO THREE MONTHS;
  (F) DETECTS A LOSS OF POWER TO A CUSTOMER WITH IMMEDIATE COMMUNICATION
OF SUCH LOSS TO THE ENERGY PROVIDER; AND
  (G) PROVIDES ANALYSIS ON DATA SUCH AS HISTORICAL CONSUMPTION PATTERNS,
UTILIZATION  RATES,  POWER OUTAGES, PEAK DEMAND TIMES AND POWER REQUIRE-
MENTS, COSTS PER KILOWATT HOUR, PRICING, AND USAGE HISTORY.
  S 23-102. SMART OR ADVANCED METERS. 1. TENANTS OF  RESIDENTIAL  RENTAL
BUILDINGS  MAY  REQUEST  THAT  A SMART OR ADVANCED METER BE INSTALLED IN
CASES WHERE THE BUILDING THEY OCCUPY IS BEING CONVERTED  FROM  A  MASTER
METER  TO  AN  ELECTRIC  OR GAS METER THAT MEASURES USAGE OF ANY END-USE
CUSTOMER OF ELECTRICITY OR GAS SERVICES.
  2. WHERE A TENANT REQUESTS TO HAVE A SMART OR ADVANCED METER INSTALLED
AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, THE LANDLORD/OWNER SHALL
INSTALL SUCH METER AND THE TENANT SHALL BEAR ANY COSTS  ASSOCIATED  WITH
THE PURCHASE AND INSTALLATION OF THE ADVANCED OR SMART METER THAT ARE IN
EXCESS  OF  COSTS  ASSOCIATED  WITH THE PURCHASE AND INSTALLATION OF THE
ELECTRIC OR GAS METER ORIGINALLY PROPOSED TO BE USED IN  THE  CONVERSION
FROM THE MASTER METER.
  S 2. This act shall take effect immediately.