senate Bill S1642

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to energy and telecommunications
Jun 21, 2013 committed to rules
May 23, 2013 advanced to third reading
May 22, 2013 2nd report cal.
May 21, 2013 1st report cal.647
Apr 16, 2013 reported and committed to finance
Jan 09, 2013 referred to energy and telecommunications

Votes

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May 21, 2013 - Finance committee Vote

S1642
29
2
committee
29
Aye
2
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Apr 16, 2013 - Energy and Telecommunications committee Vote

S1642
9
0
committee
9
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Energy and Telecommunications committee vote details

Energy and Telecommunications Committee Vote: Apr 16, 2013

aye wr (2)

Co-Sponsors

S1642 - Bill Details

See Assembly Version of this Bill:
A8082
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add ยง39-a, Pub Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1084
2009-2010: S5380

S1642 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1642

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 OR GENERAL IDEA OF BILL: 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.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states the legislative intent.

Section 2 adds a new section to the Public Service Law, Section 39-a,
which encourages the use of real time pricing smart metering for
residential consumers. 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;

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

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

* the ability for the Public Service Commission to establish pilot
projects to counties that wish to establish such smart metering
projects.

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 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.

PRIOR LEGISLATIVE HISTORY: 2011-12: S.1084 - Referred to Energy &
Telecommunications 2009-10: S.8380/A.7349 - Referred to Energy &
Telecommunications/ Energy (Similar to) 2007-08: S:4969-A/A.8111-A
2005-06: S.8143/A:11647

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 270th day after it
has become law, with provisions.

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

                                  1642

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02750-01-3

S. 1642                             2

  (D) BEING READ REMOTELY OR RECEIVING DATA FROM, BUT  NOT  LIMITED  TO,
THE  INTERNET,  WIRELESS  FIDELITY  NETWORK,  BROADBAND OVER POWER LINE,
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  ESTABLISH  REAL  TIME  SMART  METERING  PILOT
PROGRAMS. A COUNTY LEGISLATURE OR BOARD OF SUPERVISORS MAY PETITION THAT
THE COMMISSION APPROVE THE OPERATION OF A REAL TIME SMART METERING PILOT
PROGRAM  WITHIN  ITS JURISDICTION ON AN ACCELERATED BASIS. SUCH PETITION
SHALL SET FORTH THE  PARAMETERS  OF  THE  PILOT  PROGRAM  INCLUDING  THE
CUSTOMERS  OF  SUCH  COUNTY  TO  BE  SERVED, TECHNOLOGIES TO BE USED AND
PROVIDE DETAILED  PERFORMANCE  MEASURES  TO  BE  USED  INCLUDING  ENERGY
CONSERVATION GOALS.
  S  3.   The public service commission shall promulgate rules and regu-
lations to implement the provisions of this act. Such  rules  and  regu-
lations  shall include, but not be limited to, establishing criteria for

S. 1642                             3

the operation and approval of all  smart  metering  programs,  including
those  applications  submitted  by county governments to establish their
own real time smart metering programs. A county legislature or board  of
supervisors  may  petition the public service commission for approval to
establish a local real time smart metering program on or after the three
hundred sixty-fifth day after this act shall have become a law. If  such
petition is denied, the public service commission shall provide in writ-
ing  the reasons for such denial and provide the conditions and criteria
the public service commission  maintains  would  lead  to  a  subsequent
application approval. Any county application shall have a public hearing
conducted  on  such  application  within  120 days of submission of such
application to the public service commission  and  a  decision  rendered
within 120 days after the public hearing has been concluded.
  S  4.  This  act  shall  take effect on the two hundred seventieth day
after it shall have become a  law;  provided,  however,  that  effective
immediately  the  public  service  commission is authorized to adopt any
rules or regulations necessary to implement the provisions of  this  act
on or before such date.

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