NY State Senate Bill 2019-S5386

Senate Bill S5386

2019-2020 Legislative Session

Restricts the use of advanced metering infrastructure devices by electric, gas and water-works corporations

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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 08, 2020	referred to energy and telecommunications
Apr 29, 2019	referred to energy and telecommunications

co-Sponsors

2019-S5386 (ACTIVE) - Details

See Assembly Version of this Bill:: A4388
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §§67-b & 89-q, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9931
2017-2018: A6464
2021-2022: S5510
2023-2024: S5586

2019-S5386 (ACTIVE) - Summary

Restricts the use of advanced metering infrastructure devices by electric, gas and water-works corporations.

2019-S5386 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5386

SPONSOR: COMRIE
 
TITLE OF BILL:  An act to amend the public service law, in relation to
advanced metering infrastructure

 
PURPOSE:  sk 1 To restrict the use of advanced metering infrastructure
devices by electric, gas, and water-works corporations.

 
SUMMARY OF PROVISIONS:

Section 1 creates § 67-b of the Public Service Law .(PSL) which would:

-prohibit the Public Service Commission (PSC) from allowing the instal-
lation of any advanced metering infrastructure (MI) devices by an elec-
tric and/or corporation unless they meet specific standards;

-provide definitions of one-way smart meter and two-way smart meter;

-require utilities to provide notice to customers before installation of
a two-way smart meter;

-provide a notification process for electric and/or gas corporations
intending to install two-way smart meters in a multiple dwelling, coop-
eratives and condominiums;

-provide that in the case that less than more than 30 percent of tenants
residing in a multiple-dwelling, co-operative, and condominium opt-out
of the installation of a two-way smart meter, such meters shall not be
installed.

Section 2 creates § 89-q of the PSC and would:

-provide definitions of one-way smart meter and two-way smart meter;

-require utilities to provide notice to customers before installation of
a two-way smart meter;

-provide a notification process for water-works corporations intending
to install two-way smart meters in a multiple dwelling, co-operatives
and condominiums;

-provide that in the case that less than more than 30 percent of tenants
residing in a multiple-dwelling, co-operative, and condominium opt-out
of the installation of a two-way smart meter, such meters shall not be
installed.

Section 3 provides the effective date.

 
JUSTIFICATION:

Advanced metering infrastructure, specifically two-way smart meters, are
an advancement in technology that allows utility companies to track a
customer's electricity consumption remotely, eliminating the need to
dispatch meter reading personnel to a customer's premises. Two-way
meters are intended to give consumers information about their consump-
tion and educate owners on their usage. Nevertheless, there is a public
sentiment that this information has the potential to expose private
information about homeowners and their schedules. Many believe that
two-way smart meters are vulnerable to security breaches including hack-
ing into, similar to criminals accessing credit card information through
hacking into unsecured Wi-Fi networks. Consumers have expressed concern
that the information collected by a two-way smart meter has the poten-
tial to give criminals a schedule for when a house is most likely empty.

It is important to ensure that the homeowner's light to privacy is not
infringed upon.

In response to consumers concerns, over the-past year, the Public Utili-
ties Commissions of California, Maine, and Nevada have all issued orders
that allow customers to opt out of smart meters. In March 2012, the
Georgia State Senate also passed legislation allowing customers to opt
out of smart meters. This legislation provides that all one-way and
two-way smart meters installed by electric and/or gas corporations and
water-works corporations approved by the PSC meet consumer privacy and
public health standards.

 
LEGISLATIVE HISTORY:

A6464 of 2017-18: Referred to Energy.

 
FISCAL IMPLICATIONS:

Likely cost to Department of. Public Service (DPS).

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5386 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5386
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 advanced metering
   infrastructure
 
   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:
   §  67-B. ADVANCED METERING INFRASTRUCTURE DEVICES FOR ELECTRIC AND GAS
 SERVICES. 1. THE COMMISSION SHALL NOT  ALLOW  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:
 (I)  POWER  LINE  CARRIER; (II) RADIO FREQUENCY; (III) WIRELESS FIDELITY
 NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
 DATA TO A UTILITY FOR THE PURPOSES OF BILLING; AND  BE  DESIGNED  TO  BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07927-01-9

 S. 5386                             2
 
 CAPABLE  OF  MEASURING  AND  STORING  CUSTOMER ELECTRIC AND/OR GAS USAGE
 DATA, INCLUDING TIME OF USE IN REAL TIME; OR
   (B)  A 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.
   5.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
 THIS SECTION, IN THE CASE OF A MULTIPLE DWELLING, AS DEFINED IN SUBDIVI-
 SION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW,  A  CONDOMINIUM
 OR COOPERATIVE, AN ELECTRIC AND/OR GAS CORPORATION SHALL NOT INSTALL ONE
 OR  MORE  TWO-WAY  SMART  METERS  IN SUCH A STRUCTURE WHERE SUCH TYPE OF
 METERS HAVE NOT BEEN PREVIOUSLY UTILIZED (A)  UNLESS  IT  SHALL  PROVIDE
 WRITTEN  NOTICE  TO  EACH  CUSTOMER  OF  RECORD NO LESS THAN ONE HUNDRED
 EIGHTY DAYS PRIOR TO THE SCHEDULED INSTALLATION OF SUCH METERS  AND  (B)
 WHERE  MORE  THAN  THIRTY PERCENT OF THE CUSTOMERS OF RECORD RESIDING IN
 SUCH A STRUCTURE AT THE TIME OF NOTICE DECLINE  A  TWO-WAY  SMART  METER
 INSTALLATION  WITHIN NINETY DAYS OF THE NOTICE PROVIDED IN PARAGRAPH (A)
 OF THIS SUBDIVISION.
   6. THE NOTICE REQUIRED PURSUANT TO SUBDIVISION FIVE  OF  THIS  SECTION
 SHALL  INFORM  EACH CUSTOMER OF RECORD OF HIS OR HER ELECTRIC AND/OR GAS
 CORPORATION'S TWO-WAY SMART METER INSTALLATION PLAN FOR  SUCH  STRUCTURE
 AND PROVIDE INSTRUCTIONS ON HOW A CUSTOMER MAY DECLINE INSTALLATION. THE
 ELECTRIC AND/OR GAS CORPORATION SHALL MAINTAIN A RECORD OF ALL RESPONSES
 IT RECEIVES FOR A PERIOD OF NO LESS THAN THREE YEARS.
   § 2. The public service law is amended by adding a new section 89-q to
 read as follows:

 S. 5386                             3
 
   §  89-Q.  ADVANCED  METERING  INFRASTRUCTURE  DEVICES  FOR WATER-WORKS
 SERVICES. 1. THE COMMISSION SHALL NOT APPROVE THE  INSTALLATION  OF  ANY
 ADVANCED  METERING  INFRASTRUCTURE  (AMI) DEVICE BY A WATER-WORKS CORPO-
 RATION 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 WATER 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:
 (I)  POWER  LINE  CARRIER; (II) RADIO FREQUENCY; (III) WIRELESS FIDELITY
 NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
 DATA TO A WATER-WORKS FOR THE PURPOSES OF BILLING; AND BE DESIGNED TO BE
 CAPABLE OF MEASURING AND STORING CUSTOMER WATER  USAGE  DATA,  INCLUDING
 TIME OF USE IN REAL TIME; OR
   (B)  A 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  A  WATER-WORKS
 CORPORATION AND ITS CUSTOMERS, WHERE SUCH DEVICE IS CAPABLE OF (A) MEAS-
 URING  USAGE  DATA  AND  TRANSMITTING SUCH DATA IN INTERVALS OF AT LEAST
 ONCE PER DAY; (B) RECEIVING IN  REAL-TIME,  WATER  SUPPLY  AND  DELIVERY
 RATES;  (C) DETECTING CUSTOMER SERVICE DISRUPTIONS AND TRANSMITTING SUCH
 INFORMATION TO A WATER-WORKS CORPORATION; AND (D) STORING CUSTOMER USAGE
 DATA.
   3. IT SHALL BE THE RIGHT OF EVERY CUSTOMER  OF  A  WATER-WORKS  CORPO-
 RATION,  AT NO PENALTY, FEE OR SERVICE CHARGE (A) TO DECLINE THE PERMIS-
 SION OF HIS OR HER WATER-WORKS CORPORATION 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 CUSTOMER'S CONSENT.
   4.  A WATER-WORKS 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 WATER-
 WORKS 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. 5386                             4
 
   5.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
 THIS SECTION, IN THE CASE OF A MULTIPLE DWELLING, AS DEFINED IN SUBDIVI-
 SION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW,  A  CONDOMINIUM
 OR  COOPERATIVE, A WATER-WORKS CORPORATION SHALL NOT INSTALL ONE OR MORE
 TWO-WAY  SMART METERS IN SUCH A STRUCTURE WHERE SUCH TYPE OF METERS HAVE
 NOT BEEN PREVIOUSLY UTILIZED (A) UNLESS IT SHALL PROVIDE WRITTEN  NOTICE
 TO EACH CUSTOMER OF RECORD NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO
 THE SCHEDULED INSTALLATION OF SUCH METERS AND (B) WHERE MORE THAN THIRTY
 PERCENT  OF  THE CUSTOMERS OF RECORD RESIDING IN SUCH A STRUCTURE AT THE
 TIME OF THE NOTICE DECLINE TWO-WAY SMART METER INSTALLATION WITHIN NINE-
 TY DAYS OF THE NOTICE PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   6. THE NOTICE REQUIRED PURSUANT TO SUBDIVISION FIVE  OF  THIS  SECTION
 SHALL  INFORM  EACH  CUSTOMER OF RECORD OF HIS OR HER WATER-WORKS CORPO-
 RATION'S TWO-WAY SMART METER INSTALLATION PLAN FOR  SUCH  STRUCTURE  AND
 PROVIDE  INSTRUCTIONS  ON  HOW  A CUSTOMER MAY DECLINE INSTALLATION. THE
 WATER-WORKS CORPORATION SHALL MAINTAIN A  RECORD  OF  ALL  RESPONSES  IT
 RECEIVES FOR A PERIOD OF NO LESS THAN THREE YEARS.
   § 3. This act shall take effect immediately.

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Senate Bill S5386

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Sponsored By

Leroy Comrie