S05632 Summary:

BILL NOS05632A
 
SAME ASSAME AS A09148-A
 
SPONSORHARCKHAM
 
COSPNSRCOMRIE, MAY, MAYER
 
MLTSPNSR
 
Add §349-g, Gen Bus L
 
Establishes certain consumer rights for the protection of consumer health, safety and/or privacy needs related to utility meters.
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S05632 Actions:

BILL NOS05632A
 
03/09/2023REFERRED TO CONSUMER PROTECTION
01/03/2024REFERRED TO CONSUMER PROTECTION
01/12/2024AMEND AND RECOMMIT TO CONSUMER PROTECTION
01/12/2024PRINT NUMBER 5632A
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S05632 Committee Votes:

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S05632 Floor Votes:

There are no votes for this bill in this legislative session.
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S05632 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5632--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      March 9, 2023
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          recommitted to the Committee on Consumer Protection in accordance with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the  general  business  law,  in  relation  to  consumer
          protection and utility meter choice
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  349-g to read as follows:
     3    § 349-g. Consumer protection and utility meter choice. 1. For purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "Analog utility meter" shall mean a New York state public  service
     6  commission  approved  electro-mechanical  utility  meter that measures a
     7  utility consumer's electric, water or gas usage and does not contain  or
     8  utilize  electronic  components or switch mode power supply and does not
     9  extract, store, or transmit private utility usage data or radiofrequency
    10  radiation.
    11    (b) "Digital utility meter" shall mean a New York state public service
    12  commission approved,  radiofrequency  transmitting  or  non-transmitting
    13  utility  meter  that  utilizes  electronic components, including but not
    14  limited to, switch mode power supply, antennas and batteries,  to  meas-
    15  ure, extract, store and/or transmit electric, water or gas usage.
    16    (c)  "Consumer"  shall  mean  the end-user of utility services from an
    17  electric  corporation,  water-works  corporation  or  gas   corporation,
    18  including  tenants in and owners of public and privately-owned buildings
    19  and premises.
    20    2. For the protection of consumer health, safety and/or privacy needs,
    21  it shall be the right of every  consumer  of  an  electric  corporation,
    22  water-works  corporation  or  gas  corporation,  at  no  penalty, fee or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09933-03-4

        S. 5632--A                          2
 
     1  service charge, to decline permission  to  their  electric  corporation,
     2  water-works corporation or gas corporation:
     3    (a)  to  replace  an  existing analog utility meter at such consumer's
     4  premises that is assigned to such  consumer's  account  with  a  digital
     5  utility meter; or
     6    (b)  to install a digital utility meter at their property without such
     7  consumer's consent.
     8    3. For the protection of consumer health, safety and/or privacy needs,
     9  it shall be the right of every  consumer  of  an  electric  corporation,
    10  water-works  corporation  or  gas  corporation,  at  no  penalty, fee or
    11  service charge,  to  require  their  electric  corporation,  water-works
    12  corporation  or  gas  corporation to replace an existing digital utility
    13  meter at such consumer's premises that is assigned  to  such  consumer's
    14  account with an analog utility meter.
    15    4. An electric corporation, water-works corporation or gas corporation
    16  may not install a digital utility meter on a consumer's premises that is
    17  assigned  to such consumer's account unless it first shall provide writ-
    18  ten notice to the consumer no less than ninety days prior to the  sched-
    19  uled  installation  of  such  meter,  so  that such consumer may decline
    20  permission for such installation. Such notice shall provide that:
    21    (a) the consumer shall have the right to decline permission for  their
    22  electric  corporation,  water-works corporation or gas corporation, from
    23  installing a digital utility meter  with  no  fee,  penalty  or  service
    24  charge; and
    25    (b)  the consumer may, at any point in time following the installation
    26  of a digital utility meter, require the removal of such device  and  its
    27  replacement  with  an  analog  utility  meter,  with  no fee, penalty or
    28  service charge; and
    29    (c) an electric corporation, water-works  corporation  or  gas  corpo-
    30  ration  must comply with such consumer's instructions within ten days of
    31  receipt, if the consumer informs such electric corporation,  water-works
    32  corporation  or  gas corporation, in writing, that such consumer suffers
    33  from electromagnetic sensitivity and that the transmitted and unintended
    34  radiofrequency radiation from  both  transmitting  and  non-transmitting
    35  digital  utility meters poses a health threat to such consumer or within
    36  thirty days of receipt in all other cases.
    37    5. For buildings and properties having  multiple  units  and  multiple
    38  consumers of electric, water and/or gas services, electric corporations,
    39  water-works  corporations, or gas corporations, in complying with subdi-
    40  vision four of this section:
    41    (a) may not install or upgrade any digital utility meters  at  such  a
    42  building or property, if fifty percent or more of such consumers decline
    43  permission for such installation; and
    44    (b)  shall  remove  a  digital  utility meter assigned to a consumer's
    45  account and replace with an analog meter when requested by such consumer
    46  in compliance with subdivision four of this section.
    47    6. The electric corporation, water-works corporation and/or gas corpo-
    48  ration shall maintain a record for a period of no less than three  years
    49  of  all  responses  it  receives  to  requests for permission to install
    50  digital utility meters or for the removal and  replacement  with  analog
    51  utility meters of previously installed digital meters.
    52    7.  The public service commission shall prescribe such rules and regu-
    53  lations to effectuate the provisions of this  section  as  it  may  deem
    54  necessary.
    55    § 2. This act shall take effect immediately.
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