S T A T E O F N E W Y O R K
________________________________________________________________________
8515
2025-2026 Regular Sessions
I N S E N A T E
September 26, 2025
___________
Introduced by Sen. C. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 8515 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
S. 8515 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.