What's happening
This bill sets standards for smart meter installation for utilities, allows customers to decline smart meters without penalty, and requires advance notice.
Why it matters
Establishes robust safety, privacy, and performance standards for smart meters. including adherence to federal limits on radio frequency emissions, ANSI accuracy guidelines, and the requirement for encryption and data protection—potentially reducing risks to health and personal information.
Empowers consumers with greater control over utility technology in their homes. by guaranteeing the right to decline installation or request removal of two-way smart meters without penalty for up to one year, which could address concerns about privacy, health, or unwanted technology.
Mandates clear and advance notification procedures for smart meter installation. , giving customers at least 90 days (or 180 days for multi-unit buildings) to consider and respond, improving transparency and consumer awareness about changes to their utility services.
Provides collective opt-out options for residents of multi-unit buildings. If more than 30% of customers in a building object within the notification period, installation can be halted, giving tenants and condo/co-op owners meaningful group decision-making power over new infrastructure.
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Who cares
Headline styles
Limit Smart Meter Installations
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
1 Co-sponsor
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.
Limit Smart Meter Installations
In Assembly Committee · Energy · Sponsor Michael DenDekker
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5386
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. COMRIE -- 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
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 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 a utility for the purposes of billing; and be designed to be
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07927-01-9
S. 5386 2
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 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.
5. Notwithstanding the provisions of subdivisions three and four of this section, in the case of a multiple dwelling, as defined in subdivision seven of section four of the multiple dwelling law, a condominium or cooperative, an electric and/or gas corporation shall not install one or more two-way smart meters in such a structure where such type of meters have not been previously utilized (a) unless it shall provide written notice to each customer of record no less than one hundred eighty days prior to the scheduled installation of such meters and (b) where more than thirty percent of the customers of record residing in such a structure at the time of notice decline a two-way smart meter installation within ninety days of the notice provided in paragraph (a) of this subdivision.
6. The notice required pursuant to subdivision five of this section shall inform each customer of record of his or her electric and/or gas corporation's two-way smart meter installation plan for such structure and provide instructions on how a customer may decline installation. The electric and/or gas corporation shall maintain a record of all responses it receives for a period of no less than three years.
§ 2. The public service law is amended by adding a new section 89-q to read as follows:
S. 5386 3
§ 89-q. Advanced metering infrastructure devices for water-works services. 1. The commission shall not approve the installation of any advanced metering infrastructure (AMI) device by a water-works 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 water 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 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 internet to transmit electric usage and pricing data between a water-works 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, 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.
3. It shall be the right of every customer of a water-works corporation, at no penalty, fee or service charge (a) to decline the permission of his or her 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 his or her property without such customer's consent.
4. 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 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 waterworks 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.
S. 5386 4
5. Notwithstanding the provisions of subdivisions three and four of this section, in the case of a multiple dwelling, as defined in subdivision seven of section four of the multiple dwelling law, a condominium or cooperative, a water-works corporation shall not install one or more two-way smart meters in such a structure where such type of meters have not been previously utilized (a) unless it shall provide written notice to each customer of record no less than one hundred eighty days prior to the scheduled installation of such meters and (b) where more than thirty percent of the customers of record residing in such a structure at the time of the notice decline two-way smart meter installation within ninety days of the notice provided in paragraph (a) of this subdivision.
6. The notice required pursuant to subdivision five of this section shall inform each customer of record of his or her water-works corporation's two-way smart meter installation plan for such structure and provide instructions on how a customer may decline installation. The water-works corporation shall maintain a record of all responses it receives for a period of no less than three years.
§ 3. 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
Purpose
sk 1 To restrict the use of advanced metering infrastructure devices by electric, gas, and water-works corporations.
Summary of provisions
Section 1 creates § 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 corporation 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;
-provide a notification process for electric and/or gas corporations intending to install two-way smart meters in a multiple dwelling, coop- eratives and condominiums;
-provide that in the case that less than more than 30 percent of tenants residing in a multiple-dwelling, co-operative, and condominium opt-out of the installation of a two-way smart meter, such meters shall not be installed.
Section 2 creates § 89-q of the PSC and would:
-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;
-provide a notification process for water-works corporations intending to install two-way smart meters in a multiple dwelling, co-operatives and condominiums;
-provide that in the case that less than more than 30 percent of tenants residing in a multiple-dwelling, co-operative, and condominium opt-out of the installation of a two-way smart meter, such meters shall not be installed.
Section 3 provides the effective date.
Justification
Advanced metering infrastructure, specifically two-way smart meters, are an advancement in technology that allows 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 on their usage. Nevertheless, there is a public sentiment that this information has the potential to expose private information about homeowners and their schedules. Many believe that two-way smart meters are vulnerable to security breaches including hack- ing into, similar to criminals accessing credit card information through hacking into unsecured Wi-Fi networks. Consumers have expressed concern that the information collected by a two-way smart meter has the poten- tial 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 provides that all one-way and two-way smart meters installed by electric and/or gas corporations and water-works corporations approved by the PSC meet consumer privacy and public health standards.
Legislative history
A6464 of 2017-18: Referred to Energy.
Fiscal implications
Likely cost to Department 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.