STATE OF NEW YORK
________________________________________________________________________
8765
IN SENATE
April 13, 2022
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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 or gas usage and does not contain or utilize
8 electronic components or switch mode power supply and does not extract,
9 store, or transmit private utility usage data or radiofrequency radi-
10 ation.
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 or gas usage.
16 2. For the protection of consumer health, safety and/or privacy needs,
17 it shall be the right of every consumer of an electric corporation or
18 gas corporation, at no penalty, fee or service charge, to decline
19 permission to their electric corporation or gas corporation:
20 (a) to replace an existing analog utility meter at such consumer's
21 premises that is assigned to such consumer's account with a digital
22 utility meter; or
23 (b) to install a digital utility meter at their property without such
24 consumer's consent.
25 3. For the protection of consumer health, safety and/or privacy needs,
26 it shall be the right of every consumer of an electric corporation or
27 gas corporation, at no penalty, fee or service charge, to require their
28 electric corporation or gas corporation to replace an existing digital
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14602-03-2
S. 8765 2
1 utility meter at such consumer's premises that is assigned to such
2 consumer's account with an analog utility meter.
3 4. An electric corporation or gas corporation may not install a
4 digital utility meter on a consumer's premises that is assigned to such
5 consumer's account unless it first shall provide written notice to the
6 consumer no less than ninety days prior to the scheduled installation of
7 such meter, so that such consumer may decline permission for such
8 installation. Such notice shall provide that:
9 (a) the consumer shall have the right to decline permission for their
10 electric corporation or gas corporation, from installing a digital util-
11 ity meter with no fee, penalty or service charge; and
12 (b) the consumer may, at any point in time following the installation
13 of a digital utility meter, require the removal of such device and its
14 replacement with an analog utility meter, with no fee, penalty or
15 service charge; and
16 (c) an electric corporation or gas corporation must comply with such
17 consumer's instructions within ten days of receipt, if the consumer
18 informs such electric corporation or gas corporation, in writing, that
19 such consumer suffers from electromagnetic sensitivity and that the
20 transmitted and unintended radiofrequency radiation from both transmit-
21 ting and non-transmitting digital utility meters poses a health threat
22 to such consumer or within thirty days of receipt in all other cases.
23 5. The public service commission shall prescribe such rules and regu-
24 lations to effectuate the provisions of this section as it may deem
25 necessary.
26 § 2. This act shall take effect immediately.
