S T A T E O F N E W Y O R K
________________________________________________________________________
4354--A
2015-2016 Regular Sessions
I N A S S E M B L Y
January 30, 2015
___________
Introduced by M. of A. DenDEKKER, ABINANTI, SKARTADOS, RAIA -- Multi-
Sponsored by -- M. of A. ROZIC -- read once and referred to the
Committee on Energy -- recommitted to the Committee on Energy in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public service law, in relation to advanced metering
infrastructure devices for residential services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
67-b to read as follows:
S 67-B. ADVANCED METERING INFRASTRUCTURE DEVICES FOR ELECTRIC AND GAS
SERVICES. 1. THE COMMISSION SHALL NOT ALLOW FOR THE INSTALLATION OF ANY
ADVANCED METERING INFRASTRUCTURE (AMI) DEVICE BY AN ELECTRIC AND/OR GAS
CORPORATION UNLESS SUCH DEVICE MEETS OR EXCEEDS THE FOLLOWING STANDARDS
FOR AMI PERFORMANCE AND SAFETY, WHICH SHALL INCLUDE:
(A) FEDERAL COMMUNICATIONS COMMISSION STANDARDS FOR INTENTIONAL AND
UNINTENTIONAL RADIO FREQUENCY EMISSIONS AND ANY OTHER RELEVANT STANDARDS
RELATED TO RADIO FREQUENCY EXPOSURE;
(B) AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) SPECIFICATIONS FOR
METER ACCURACY AND PERFORMANCE; AND
(C) ANY OTHER STANDARDS, REQUIREMENTS AND GUIDELINES ESTABLISHED BY
THE COMMISSION TO PROTECT CUSTOMER HEALTH AND SAFETY AND ENSURE, TO THE
FULLEST EXTENT POSSIBLE, THE PROTECTION AND ENCRYPTION OF CUSTOMER
PERSONAL, FINANCIAL AND ENERGY USAGE INFORMATION. THE COMMISSION SHALL
PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THIS SUBDIVISION.
2. FOR PURPOSES OF THIS SECTION ADVANCED METERING INFRASTRUCTURE SHALL
INCLUDE:
(A) A ONE-WAY SMART METER, WHICH SHALL MEAN A DEVICE DESIGNED TO
UTILIZE ONE-WAY COMMUNICATIONS SYSTEMS, INCLUDING BUT NOT LIMITED TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07212-04-6
A. 4354--A 2
(I) POWER LINE CARRIER; (II) RADIO FREQUENCY; (III) WIRELESS FIDELITY
NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
DATA TO AN ELECTRIC AND/OR GAS CORPORATION FOR THE PURPOSES OF BILLING;
AND BE DESIGNED TO BE CAPABLE OF MEASURING AND STORING CUSTOMER ELECTRIC
AND/OR GAS USAGE DATA, INCLUDING TIME OF USE IN REAL TIME; OR
(B) TWO-WAY SMART METER, WHICH SHALL MEAN A DEVICE THAT IS DESIGNED TO
UTILIZE TWO-WAY COMMUNICATIONS SYSTEMS, INCLUDING BUT NOT LIMITED TO:
(I) RADIO FREQUENCY; (II) WIRELESS FIDELITY NETWORK; OR (III) THE INTER-
NET TO TRANSMIT ELECTRIC USAGE AND PRICING DATA BETWEEN AN ELECTRIC
AND/OR GAS CORPORATION AND ITS CUSTOMERS, WHERE SUCH DEVICE IS CAPABLE
OF (A) MEASURING USAGE DATA AND TRANSMITTING SUCH DATA IN INTERVALS OF
AT LEAST ONCE PER DAY; (B) RECEIVING IN REAL-TIME, PER-KILOWATT HOUR
(KWH) AND/OR PER (THERM) GAS AND ELECTRIC SUPPLY AND DELIVERY RATES; (C)
DETECTING CUSTOMER SERVICE DISRUPTIONS AND TRANSMITTING SUCH INFORMATION
TO AN ELECTRIC AND/OR GAS CORPORATION; AND (D) STORING CUSTOMER USAGE
DATA.
3. IT SHALL BE THE RIGHT OF EVERY CUSTOMER OF AN ELECTRIC AND/OR GAS
CORPORATION, AT NO PENALTY, FEE OR SERVICE CHARGE TO DECLINE THE PERMIS-
SION OF HIS OR HER ELECTRIC AND/OR GAS CORPORATION, (A) TO REPLACE AN
EXISTING METER AT SUCH CUSTOMER'S PREMISES THAT IS ASSIGNED TO SUCH
CUSTOMER'S ACCOUNT WITH A TWO-WAY SMART METER OR (B) TO INSTALL ANY
TWO-WAY SMART METER DEVICE AT HIS OR HER PROPERTY WITHOUT SUCH CUSTOM-
ER'S CONSENT.
4. AN ELECTRIC AND/OR GAS CORPORATION MAY NOT INSTALL A TWO-WAY SMART
METER ON A CUSTOMER'S PREMISES THAT IS ASSIGNED TO SUCH CUSTOMER'S
ACCOUNT UNLESS IT SHALL PROVIDE WRITTEN NOTICE TO THE CUSTOMER NO LESS
THAN NINETY DAYS PRIOR TO THE SCHEDULED INSTALLATION OF SUCH METER. SUCH
NOTICE SHALL PROVIDE THAT:
(A) THE CUSTOMER SHALL HAVE THE RIGHT TO DECLINE HIS OR HER ELECTRIC
AND/OR GAS CORPORATION FROM INSTALLING A TWO-WAY SMART METER WITH NO
FEE, PENALTY OR SERVICE CHARGE;
(B) THE CUSTOMER MAY, AT ANY POINT DURING A PERIOD OF THREE HUNDRED
SIXTY-FIVE DAYS FOLLOWING THE INSTALLATION OF A TWO-WAY SMART METER,
REQUIRE THE REMOVAL OF SUCH DEVICE WITH NO FEE, PENALTY OR SERVICE
CHARGE;
(C) THE CUSTOMER MAY BE LIABLE FOR A FEE TO BE DETERMINED BY THE
COMMISSION FOR THE REMOVAL OF A TWO-WAY SMART METER DEVICE IF THE
CUSTOMER REQUESTS THE REMOVAL MORE THAN THREE HUNDRED SIXTY-FIVE DAYS
FOLLOWING THE INSTALLATION OF SUCH METER AT HIS OR HER PREMISES.
S 2. This act shall take effect immediately.