What's happening
This bill sets standards and customer rights for installation, use, and consent regarding advanced electric and gas smart meters in New York.
Why it matters
Mandates strict safety, privacy, and performance standards for smart meters. Utilities can only install advanced meters that meet federal radio frequency rules, ANSI accuracy guidelines, and additional commission regulations protecting customer health, data encryption, and privacy—potentially impacting meter selection and utility costs.
Clearly defines and distinguishes between one-way and two-way smart meters. The law spells out what constitutes each type, along with their communication methods and data capabilities, shaping what technology utilities can use and how customer data is handled.
Gives customers an explicit right to decline two-way smart meters without penalty. Utilities must allow customers to refuse installation or replacement of a two-way smart meter at no charge, which could influence utility rollout strategies and consumer adoption rates.
Requires robust advance notice and post-installation opt-out opportunities. Utilities must provide at least 90 days’ written notice before installing a two-way smart meter, and customers can demand removal within a year at no cost—empowering consumers to make informed choices and possibly limiting forced adoption.
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Who cares
Headline styles
Let Residents Refuse Smart Meters
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to energy and telecommunications
- Referred to energy and telecommunications
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Smart Meter Safety Standards
In Assembly Committee · Energy · Sponsor Michael DenDekker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1618
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications
AN ACT to amend the public service law, in relation to advanced metering infrastructure devices for residential services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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. The commission shall not allow for the installation of any advanced metering infrastructure (AMI) device by an electric and/or gas corporation unless such device meets or exceeds the following standards for AMI performance and safety, which shall include:
(a) Federal Communications Commission standards for intentional and unintentional radio frequency emissions and any other relevant standards related to radio frequency exposure;
(b) American National Standards Institute (ANSI) specifications for meter accuracy and performance; and
(c) any other standards, requirements and guidelines established by the commission to protect customer health and safety and ensure, to the fullest extent possible, the protection and encryption of customer personal, financial and energy usage information. The commission shall promulgate regulations necessary to effectuate this subdivision.
2. For purposes of this section advanced metering infrastructure 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 an electric and/or gas corporation for the purposes of billing;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07272-01-9
S. 1618 2
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) 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 internet 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.
3. 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 permission of his or her 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 his or her property without such customer's consent.
4. 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 his or her electric 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 his or her premises.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public service law, in relation to advanced metering infrastructure devices for residential services
Purpose
To restrict the use of advanced metering infrastructure devices by elec- tric and gas corporations.
Summary of provisions
Section 1 creates E 67-b of the Public Service Law (PSL) which would:
-prohibit the Public Service Commission (PSC) from allowing the instal- lation of any advanced metering infrastructure (MI) devices by an elec- tric and/or cornoration unless they meet specific standards;
-provide definitions of one-way smart meter and two-way smart meter;
-require utilities to provide notice. to customers before installation of a two-way smart meter;
-allow a customer of record the right to opt-out of the installation of a two-way smart meter on their premises
Section 2 provides the effective date.
Justification
Advanced metering infrastructure, specifically two-way smart meters, are an advancement in technology that allos utility companies to track a customer's electricity consumption remotely, eliminating the need to dispatch meter reading personnel to a customer's premises. Two-way meters are intended to give consumers information about their consump- tion and educate owners en their usage.
Nevertheless, there is a. public sentiment that this information has the potential to expose nrivate information about homeowners and their Eche- dules. Many believe that two-way smart. meters are vulnerable to securi- ty breaches including hacking into, similar to criminals accessing cred- it card information through hacking into unsecurednetworks. Consum- ers have expressed concern that the information collected by a two-way smart meter has the potential to give criminals a schedule for when a house is most likely empty.
It is important to ensure that the homeowner's light to privacy is not infringed upon.
In response to consumers concerns, over the past year, the Public Utili- ties Commissions of California, Maine, and Nevada have all issued orders that allow customers to opt out of smart meters. In March 2012, the Georgia State Senate also passed legislation allowing customers to opt out of smart meters. This legislation orovides that all one-way and two-way smart meters installed by electric and/or gas corporations.
Corporations approved by the PSC meet consumer privacy and public health standards.
Legislative history
2017/18: S7214 - Referred to Energy & Telecom
2016: A3066- Referred to Energy
Fiscal implications
Likely cost to Lepartment of Public Service (DPS).
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.