Senate Bill S8062B

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8062--B
     Cal. No. 399
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sens. WEBB, JACKSON, OBERACKER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Energy
   and  Telecommunications  -- recommitted to the Committee on Energy and
   Telecommunications in  accordance  with  Senate  Rule  6,  sec.  8  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading -- reported favorably from said committee  to  third  reading,
   amended and ordered to a third reading, passed by Senate and delivered
   to  the Assembly, recalled, vote reconsidered, restored to third read-
   ing, amended and ordered reprinted, retaining its place in  the  order
   of third reading
 
 AN  ACT  to amend the public service law and the public authorities law,
   in relation to requiring certain utility  corporations  and  the  Long
   Island power authority to establish a meter usage monitoring program
 
   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
 39-a to read as follows:
   §  39-A.  METER  USAGE  MONITORING  PROGRAM.  1.  THE COMMISSION SHALL
 REQUIRE ANY UTILITY CORPORATION UTILIZING ADVANCED METERING  INFRASTRUC-
 TURE TO ESTABLISH A USAGE MONITORING PROGRAM FOR THE PURPOSES OF NOTIFY-
 ING RESIDENTIAL CUSTOMERS WHEN SUCH UTILITY USAGE EXCEEDS A USAGE THRES-
 HOLD,  AS  DETERMINED  BY  SUCH RESIDENTIAL CUSTOMER, IN A GIVEN BILLING
 PERIOD. THE USAGE MONITORING PROGRAM SHALL NOTIFY RESIDENTIAL  CUSTOMERS
 ELECTRONICALLY  OR  BY  MAIL  WHEN HALF OF THEIR DETERMINED ENERGY USAGE
 THRESHOLD IS MET, AND WHEN THEIR USAGE THRESHOLD  EXCEEDS  THEIR  DETER-
 MINED  THRESHOLD.  SUCH  NOTIFICATION SHALL INCLUDE AN ESTIMATE OF THEIR
 MONTHLY BILL.
   2. THE USAGE MONITORING PROGRAM SHALL BE AN ELECTIVE PROGRAM FOR RESI-
 DENTIAL CUSTOMERS AND DESIGNED TO  PROVIDE  SUCH  RESIDENTIAL  CUSTOMERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13114-05-6
 S. 8062--B                          2
 
 WITH  DAILY UPDATES ON THEIR UTILITY USAGE. SUCH USAGE INFORMATION SHALL
 BE ACCESSIBLE TO THE  CUSTOMER  ONLINE  WITHIN  SUCH  CUSTOMER'S  ONLINE
 ACCOUNT.
   3. THE USAGE MONITORING PROGRAM SHALL AT A MINIMUM INCLUDE THE FOLLOW-
 ING:
   (A)  THE ABILITY TO SELECT TO ENROLL OR DISENROLL FROM THE USAGE MONI-
 TORING PROGRAM;
   (B) THE ABILITY TO SET A MONTHLY USAGE THRESHOLD THAT IS  MEASURED  IN
 KILOWATT HOURS (KWH), THERMS, HUNDRED CUBIC FEET (CCF), IN GALLONS OR IN
 THE  MEASUREMENT USAGE THAT IS CURRENTLY PROVIDED BY SUCH UTILITY CORPO-
 RATION ON THE CUSTOMER'S MONTHLY BILLING STATEMENT; AND
   (C) THE ABILITY FOR A PARTICIPATING CUSTOMER OR ENROLLING CUSTOMER  TO
 SELECT  THE MANNER THROUGH WHICH THEY WILL RECEIVE NOTIFICATION OF THEIR
 USAGE STATUS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   4. THE COMMISSION SHALL, WITH RESPECT TO THE  PROTECTION  OF  CUSTOMER
 DATA, AT A MINIMUM ENSURE:
   (A)  ANY  CUSTOMER  DATA  COLLECTED  PURSUANT TO SUCH USAGE MONITORING
 PROGRAM SHALL ONLY INCLUDE PERSONAL IDENTIFYING INFORMATION NECESSARY TO
 EFFECTIVELY ADMINISTER THIS PROGRAM;
   (B) NO CUSTOMER  DATA  COLLECTED  PURSUANT  TO  THE  USAGE  MONITORING
 PROGRAM  MAY  BE  SOLD OR SHARED EXCEPT AS SET FORTH IN PARAGRAPH (C) OF
 THIS SUBDIVISION;
   (C) PARTICIPATING CUSTOMER DATA MAY BE  SHARED  WITH  LAW  ENFORCEMENT
 ONLY PURSUANT TO A VALID JUDICIAL WARRANT OR JUDICIAL SUBPOENA; AND
   (D)  CUSTOMER  DATA  SHALL BE SAFELY STORED AND SECURELY ENCRPYTED, BE
 DESTROYED WITHIN THIRTY DAYS AFTER  INTENDED  USE  UNLESS  RETENTION  IS
 OTHERWISE  REQUIRED TO COMPLY WITH FEDERAL, STATE, OR LOCAL LAWS, RULES,
 OR REGULATIONS, AND BE SUBJECT TO  ANY  OTHER  ADDITIONAL  CYBERSECURITY
 PROTECTIONS  THE  COMMISSION  DEEMS  NECESSARY  TO PROTECT CUSTOMERS AND
 CUSTOMER DATA.
   § 2. Title 1-A of article 5 of the public authorities law, as added by
 chapter 517 of the laws of 1986, is amended  by  adding  a  new  section
 1020-nn to read as follows:
   § 1020-NN. METER USAGE MONITORING PROGRAM. THE AUTHORITY SHALL DEVELOP
 AND  IMPLEMENT  A USAGE MONITORING PROGRAM FOR THE PURPOSES OF NOTIFYING
 RESIDENTIAL CUSTOMERS WHEN SUCH ENERGY USAGE EXCEEDS A  USAGE  THRESHOLD
 AS  DETERMINED  BY SUCH RESIDENTIAL CUSTOMER, IN A GIVEN BILLING PERIOD.
 SUCH PROGRAM SHALL BE IMPLEMENTED PURSUANT TO SECTION  THIRTY-NINE-A  OF
 THE PUBLIC SERVICE LAW.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective  date  are  authorized to be   made and completed on or before
 such effective date.