S T A T E O F N E W Y O R K
________________________________________________________________________
9253
I N A S S E M B L Y
February 5, 2016
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Energy
AN ACT to amend the public service law, in relation to authority of an
electric utility customer to decline or remove digital smart meters
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. RIGHT TO DECLINE OR REMOVE DIGITAL SMART METERS. 1. FOR THE
PURPOSES OF THIS SECTION, THE TERM "DIGITAL SMART METER" SHALL MEAN AN
ADVANCED METERING INFRASTRUCTURE DEVICE TO MEASURE ELECTRICITY CONSUMP-
TION THAT USES RADIO FREQUENCY METHODS OF WIRELESS COMMUNICATION TO
REPORT SUCH CONSUMPTION.
2. AN ELECTRIC UTILITY SHALL SEND BY MAIL TO EACH RETAIL ELECTRIC
SERVICE CUSTOMER SCHEDULED TO RECEIVE A DIGITAL SMART METER THAT EMITS
RADIO WAVES A NOTICE TO INFORM THE CUSTOMER THAT THE CUSTOMER MAY
DECLINE TO HAVE SUCH METER INSTALLED AND OF THE MANNER IN WHICH THE
CUSTOMER MAY DECLINE THE INSTALLATION. THE NOTICE MAY BE INCLUDED IN A
CUSTOMER'S MONTHLY BILL. THE NOTICE SHALL PROVIDE A PERIOD OF AT LEAST
THIRTY DAYS AFTER THE DATE THE CUSTOMER IS EXPECTED TO RECEIVE THE
NOTICE DURING WHICH THE CUSTOMER MAY NOTIFY THE ELECTRIC UTILITY OF THE
CUSTOMER'S CHOICE TO DECLINE THE INSTALLATION OF SUCH DIGITAL SMART
METER.
3. IF A RETAIL ELECTRIC SERVICE CUSTOMER NOTIFIES THE ELECTRIC UTILITY
THAT THE CUSTOMER DECLINES TO HAVE THE DIGITAL SMART METER INSTALLED
DURING THE PERIOD STATED IN THE NOTICE, THE ELECTRIC UTILITY:
(A) MAY NOT INSTALL THE METER;
(B) MAY NOT CHARGE THE CUSTOMER FOR DECLINING SUCH INSTALLATION; AND
(C) MAY NOT CHARGE THE CUSTOMER FOR COSTS ASSOCIATED WITH TRADITIONAL
METERING SERVICES.
4. AN ELECTRIC UTILITY THAT HAS DEPLOYED DIGITAL SMART METERS THAT
EMIT RADIO WAVES SHALL INCLUDE IN THE MONTHLY BILL FOR EACH RETAIL ELEC-
TRIC SERVICE CUSTOMER THAT IS USING AN INSTALLED DIGITAL SMART METER OF
THAT TYPE A NOTICE TO INFORM THE CUSTOMER THAT THE CUSTOMER MAY REQUEST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13618-01-6
A. 9253 2
TO HAVE SUCH METER REMOVED AND REPLACED WITH A CONVENTIONAL METER AND OF
THE MANNER IN WHICH THE CUSTOMER MAY REQUEST THE REMOVAL AND REPLACE-
MENT.
5. IF A RETAIL ELECTRIC SERVICE CUSTOMER OR THE OWNER OF PROPERTY
WHERE A DIGITAL SMART METER THAT EMITS RADIO WAVES IS INSTALLED FOR
RETAIL ELECTRIC SERVICE REQUESTS TO HAVE SUCH METER REMOVED, THE ELEC-
TRIC UTILITY:
(A) SHALL PROMPTLY REMOVE SUCH DIGITAL SMART METER AND REPLACE IT WITH
A CONVENTIONAL METER;
(B) MAY NOT CHARGE THE CUSTOMER OR PROPERTY OWNER FOR REMOVING OR
REPLACING SUCH METER; AND
(C) MAY NOT CHARGE THE CUSTOMER OR PROPERTY OWNER COSTS ASSOCIATED
WITH TRADITIONAL METERING SERVICES.
S 2. This act shall take effect one hundred eighty days after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.