The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10555
 
                           I N  A S S E M B L Y
 
                               July 6, 2022
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
   read  once  and  referred  to  the  Committee  on Consumer Affairs and
   Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  consumer
   protection and utility meter choice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 349-g to read as follows:
   § 349-G. CONSUMER PROTECTION AND UTILITY METER CHOICE. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ANALOG UTILITY METER" SHALL MEAN A NEW YORK STATE PUBLIC  SERVICE
 COMMISSION  APPROVED  ELECTRO-MECHANICAL  UTILITY  METER THAT MEASURES A
 UTILITY CONSUMER'S ELECTRIC OR GAS USAGE AND DOES NOT CONTAIN OR UTILIZE
 ELECTRONIC COMPONENTS OR SWITCH MODE POWER SUPPLY AND DOES NOT  EXTRACT,
 STORE,  OR  TRANSMIT  PRIVATE UTILITY USAGE DATA OR RADIOFREQUENCY RADI-
 ATION.
   (B) "DIGITAL UTILITY METER" SHALL MEAN A NEW YORK STATE PUBLIC SERVICE
 COMMISSION APPROVED,  RADIOFREQUENCY  TRANSMITTING  OR  NON-TRANSMITTING
 UTILITY  METER  THAT  UTILIZES  ELECTRONIC COMPONENTS, INCLUDING BUT NOT
 LIMITED TO, SWITCH MODE POWER SUPPLY, ANTENNAS AND BATTERIES,  TO  MEAS-
 URE, EXTRACT, STORE AND/OR TRANSMIT ELECTRIC OR GAS USAGE.
   2. FOR THE PROTECTION OF CONSUMER HEALTH, SAFETY AND/OR PRIVACY NEEDS,
 IT  SHALL  BE  THE RIGHT OF EVERY CONSUMER OF AN ELECTRIC CORPORATION OR
 GAS CORPORATION, AT NO  PENALTY,  FEE  OR  SERVICE  CHARGE,  TO  DECLINE
 PERMISSION TO THEIR ELECTRIC CORPORATION OR GAS CORPORATION:
   (A)  TO  REPLACE  AN  EXISTING ANALOG UTILITY METER AT SUCH CONSUMER'S
 PREMISES THAT IS ASSIGNED TO SUCH  CONSUMER'S  ACCOUNT  WITH  A  DIGITAL
 UTILITY METER; OR
   (B)  TO INSTALL A DIGITAL UTILITY METER AT THEIR PROPERTY WITHOUT SUCH
 CONSUMER'S CONSENT.
   3. FOR THE PROTECTION OF CONSUMER HEALTH, SAFETY AND/OR PRIVACY NEEDS,
 IT SHALL BE THE RIGHT OF EVERY CONSUMER OF AN  ELECTRIC  CORPORATION  OR
 GAS  CORPORATION, AT NO PENALTY, FEE OR SERVICE CHARGE, TO REQUIRE THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14602-03-2
 A. 10555                            2
 
 ELECTRIC CORPORATION OR GAS CORPORATION TO REPLACE AN  EXISTING  DIGITAL
 UTILITY  METER  AT  SUCH  CONSUMER'S  PREMISES  THAT IS ASSIGNED TO SUCH
 CONSUMER'S ACCOUNT WITH AN ANALOG UTILITY METER.
   4.  AN  ELECTRIC  CORPORATION  OR  GAS  CORPORATION  MAY NOT INSTALL A
 DIGITAL UTILITY METER ON A CONSUMER'S PREMISES THAT IS ASSIGNED TO  SUCH
 CONSUMER'S  ACCOUNT  UNLESS IT FIRST SHALL PROVIDE WRITTEN NOTICE TO THE
 CONSUMER NO LESS THAN NINETY DAYS PRIOR TO THE SCHEDULED INSTALLATION OF
 SUCH METER, SO THAT  SUCH  CONSUMER  MAY  DECLINE  PERMISSION  FOR  SUCH
 INSTALLATION. SUCH NOTICE SHALL PROVIDE THAT:
   (A)  THE CONSUMER SHALL HAVE THE RIGHT TO DECLINE PERMISSION FOR THEIR
 ELECTRIC CORPORATION OR GAS CORPORATION, FROM INSTALLING A DIGITAL UTIL-
 ITY METER WITH NO FEE, PENALTY OR SERVICE CHARGE; AND
   (B) THE CONSUMER MAY, AT ANY POINT IN TIME FOLLOWING THE  INSTALLATION
 OF  A  DIGITAL UTILITY METER, REQUIRE THE REMOVAL OF SUCH DEVICE AND ITS
 REPLACEMENT WITH AN ANALOG  UTILITY  METER,  WITH  NO  FEE,  PENALTY  OR
 SERVICE CHARGE; AND
   (C)  AN  ELECTRIC CORPORATION OR GAS CORPORATION MUST COMPLY WITH SUCH
 CONSUMER'S INSTRUCTIONS WITHIN TEN DAYS  OF  RECEIPT,  IF  THE  CONSUMER
 INFORMS  SUCH  ELECTRIC CORPORATION OR GAS CORPORATION, IN WRITING, THAT
 SUCH CONSUMER SUFFERS FROM  ELECTROMAGNETIC  SENSITIVITY  AND  THAT  THE
 TRANSMITTED  AND UNINTENDED RADIOFREQUENCY RADIATION FROM BOTH TRANSMIT-
 TING AND NON-TRANSMITTING DIGITAL UTILITY METERS POSES A  HEALTH  THREAT
 TO SUCH CONSUMER OR WITHIN THIRTY DAYS OF RECEIPT IN ALL OTHER CASES.
   5.  THE PUBLIC SERVICE COMMISSION SHALL PRESCRIBE SUCH RULES AND REGU-
 LATIONS TO EFFECTUATE THE PROVISIONS OF THIS  SECTION  AS  IT  MAY  DEEM
 NECESSARY.
   § 2. This act shall take effect immediately.