NY State Senate Bill 2023-S5632

Current Bill Status - In Senate Committee Consumer Protection 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
Mar 09, 2023	referred to consumer protection

2023-S5632 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-g, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S8765

2023-S5632 (ACTIVE) - Summary

Establishes certain consumer rights for the protection of consumer health, safety and/or privacy needs related to utility meters.

2023-S5632 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5632

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the general business law, in relation to consumer
protection and utility meter choice

 
PURPOSE:

Relates to consumer protection and utility meter choice

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new section to
provide the right of every consumer of an electric 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 that is assigned to such
a consumer's account with a digital utility meter; or

(b) to install a digital utility meter at their property with-out such
consumer's consent. Such a consumer shall have the right to decline
permission for their electric corporation, gas corporation, or water-
works corporation from installing a digital utility meter with no fee,
penalty, or service charge; and, at any point in time following the
installation of a digital utility meter, the consumer may require the
removal of such a device to be replaced with an analog utility meter.

Electric, gas, and waterworks corporations must comply with such consum-
er's instructions within ten days of receipt of a written notice 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.

Additionally, this section provides the public service commission with
the jurisdiction to prescribe such rules and regulations to effectuate
this section as it may deem necessary.

Section 2 states the effective date.

 
JUSTIFICATION:

Currently, New York does not allow for a state-wide opt-out program in
regards to digital utility meters (smart meters). Nationwide, six states
including California have allowed utility consumers the option to opt-
out of switching to smart meters, favoring those who prefer analog
meters. This bill will afford utility customers the freedom of decision
on whether or not they would like to decline or opt-out of a digital
utility meter, or "smart meter", and remain with an analog meter in its
place.

 
LEGISLATIVE HISTORY:

2021-2022: S8765/10555 - Died in Consumer Protection/ Died in Consumer
Affairs and Protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5632 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5632
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer 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, WATER 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
 RADIATION.
   (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, WATER 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,
 WATER-WORKS CORPORATION OR  GAS  CORPORATION,  AT  NO  PENALTY,  FEE  OR
 SERVICE  CHARGE,  TO  DECLINE  PERMISSION TO THEIR ELECTRIC CORPORATION,
 WATER-WORKS 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09933-02-3

 S. 5632                             2
 
   3. FOR THE PROTECTION OF CONSUMER HEALTH, SAFETY AND/OR PRIVACY NEEDS,
 IT  SHALL  BE  THE  RIGHT  OF EVERY CONSUMER OF AN ELECTRIC CORPORATION,
 WATER-WORKS CORPORATION OR  GAS  CORPORATION,  AT  NO  PENALTY,  FEE  OR
 SERVICE  CHARGE,  TO  REQUIRE  THEIR  ELECTRIC  CORPORATION, WATER-WORKS
 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, WATER-WORKS 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 WRIT-
 TEN NOTICE TO THE CONSUMER NO LESS THAN NINETY DAYS PRIOR TO THE  SCHED-
 ULED  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,  WATER-WORKS CORPORATION OR GAS CORPORATION, FROM
 INSTALLING A DIGITAL UTILITY 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, WATER-WORKS  CORPORATION  OR  GAS  CORPO-
 RATION  MUST COMPLY WITH SUCH CONSUMER'S INSTRUCTIONS WITHIN TEN DAYS OF
 RECEIPT, IF THE CONSUMER INFORMS SUCH ELECTRIC CORPORATION,  WATER-WORKS
 CORPORATION  OR  GAS CORPORATION, IN WRITING, THAT SUCH CONSUMER SUFFERS
 FROM ELECTROMAGNETIC SENSITIVITY AND THAT THE TRANSMITTED AND UNINTENDED
 RADIOFREQUENCY RADIATION FROM  BOTH  TRANSMITTING  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.

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Senate Bill S5632

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S5632 (ACTIVE) - Details

2023-S5632 (ACTIVE) - Summary

2023-S5632 (ACTIVE) - Sponsor Memo

2023-S5632 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5632

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Sponsored By

Pete Harckham

Current Bill Status - In Senate Committee Consumer Protection Committee

2023-S5632 (ACTIVE) - Details

2023-S5632 (ACTIVE) - Summary

2023-S5632 (ACTIVE) - Sponsor Memo

2023-S5632 (ACTIVE) - Bill Text download pdf

Comments