STATE OF NEW YORK
________________________________________________________________________
5752
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. SOLAGES, DARLING, RA -- read once and referred to
the Committee on Energy
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 Assem-bly, do enact as follows:
1 Section 1. The public service law is amended by adding a new section
2 67-b to read as follows:
3 § 67-b. Advanced metering infrastructure devices for electric and gas
4 services. 1. The commission shall not allow for the installation of any
5 advanced metering infrastructure (AMI) device by an electric and/or gas
6 corporation unless such device meets or exceeds the following standards
7 for AMI performance and safety, which shall include:
8 (a) Federal Communications Commission standards for intentional and
9 unintentional radio frequency emissions and any other relevant standards
10 related to radio frequency exposure;
11 (b) American National Standards Institute (ANSI) specifications for
12 meter accuracy and performance; and
13 (c) any other standards, requirements and guidelines established by
14 the commission to protect customer health and safety and ensure, to the
15 fullest extent possible, the protection and encryption of customer
16 personal, financial and energy usage information. The commission shall
17 promulgate regulations necessary to effectuate this subdivision.
18 2. For purposes of this section advanced metering infrastructure shall
19 include:
20 (a) a one-way smart meter, which shall mean a device designed to
21 utilize one-way communications systems, including but not limited to:
22 (i) power line carrier; (ii) radio frequency; (iii) wireless fidelity
23 network; (iv) telephony; and (v) the internet to transmit customer usage
24 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.
LBD03896-01-3
A. 5752 2
1 and be designed to be capable of measuring and storing customer electric
2 and/or gas usage data, including time of use in real time; or
3 (b) two-way smart meter, which shall mean a device that is designed to
4 utilize two-way communications systems, including but not limited to:
5 (i) radio frequency; (ii) wireless fidelity network; or (iii) the inter-
6 net to transmit electric usage and pricing data between an electric
7 and/or gas corporation and its customers, where such device is capable
8 of (A) measuring usage data and transmitting such data in intervals of
9 at least once per day; (B) receiving in real-time, per-kilowatt hour
10 (kWh) and/or per (therm) gas and electric supply and delivery rates; (C)
11 detecting customer service disruptions and transmitting such information
12 to an electric and/or gas corporation; and (D) storing customer usage
13 data.
14 3. It shall be the right of every customer of an electric and/or gas
15 corporation, at no penalty, fee or service charge to decline the permis-
16 sion of his or her electric and/or gas corporation, (a) to replace an
17 existing meter at such customer's premises that is assigned to such
18 customer's account with a two-way smart meter or (b) to install any
19 two-way smart meter device at his or her property without such custom-
20 er's consent.
21 4. An electric and/or gas corporation may not install a two-way smart
22 meter on a customer's premises that is assigned to such customer's
23 account unless it shall provide written notice to the customer no less
24 than ninety days prior to the scheduled installation of such meter. Such
25 notice shall provide that:
26 (a) the customer shall have the right to decline his or her electric
27 and/or gas corporation from installing a two-way smart meter with no
28 fee, penalty or service charge;
29 (b) the customer may, at any point during a period of three hundred
30 sixty-five days following the installation of a two-way smart meter,
31 require the removal of such device with no fee, penalty or service
32 charge;
33 (c) the customer may be liable for a fee to be determined by the
34 commission for the removal of a two-way smart meter device if the
35 customer requests the removal more than three hundred sixty-five days
36 following the installation of such meter at his or her premises.
37 § 2. This act shall take effect immediately.
