S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3978
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by  M.  of  A. SANTABARBARA -- read once and referred to the
   Committee on Energy
 
 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.   Short title. This act shall be known and may be cited as
 the "consumer utility meter choice protection act".
   § 2. 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.  FOR PURPOSES OF THIS SECTION ADVANCED METERING INFRASTRUC-
 TURE 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07588-01-5
              

 A. 3978                             2
 
   2. 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  SUCH CUSTOMER'S 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  SUCH  CUSTOMER'S  PROPERTY  WITHOUT  SUCH
 CUSTOMER'S CONSENT.
   3.  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 SUCH CUSTOMER'S ELEC-
 TRIC 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 SUCH CUSTOMER'S PREMISES.
   § 3. The public service law is amended by adding a new section 89-q to
 read as follows:
   §  89-Q.  ADVANCED  METERING  INFRASTRUCTURE  DEVICES  FOR WATER-WORKS
 SERVICES. 1.  FOR PURPOSES OF THIS SECTION ADVANCED METERING INFRASTRUC-
 TURE 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.
   2.  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  SUCH CUSTOMER'S 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  SUCH  CUSTOMER'S  PROPERTY  WITHOUT  SUCH  CUSTOMER'S
 CONSENT.
   3.  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
 A. 3978                             3
 
 PRIOR TO THE SCHEDULED INSTALLATION OF SUCH  METER.  SUCH  NOTICE  SHALL
 PROVIDE THAT:
   (A)  THE  CUSTOMER  SHALL  HAVE  THE  RIGHT TO DECLINE SUCH CUSTOMER'S
 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 SUCH CUSTOMER'S PREMISES.
   § 4. This act shall take effect immediately.