STATE OF NEW YORK
________________________________________________________________________
9148--A
IN ASSEMBLY
February 8, 2024
___________
Introduced by M. of A. OTIS, SHRESTHA, SEAWRIGHT -- read once and
referred to the Committee on Energy -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
23 service charge, to decline permission to their electric corporation,
24 water-works corporation or gas corporation:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09933-04-4
A. 9148--A 2
1 (a) to replace an existing analog utility meter at such consumer's
2 premises that is assigned to such consumer's account with a digital
3 utility meter; or
4 (b) to install a digital utility meter at their property without such
5 consumer's consent.
6 3. For the protection of consumer health, safety and/or privacy needs,
7 it shall be the right of every consumer of an electric corporation,
8 water-works corporation or gas corporation, at no penalty, fee or
9 service charge, to require their electric corporation, water-works
10 corporation or gas corporation to replace an existing digital utility
11 meter at such consumer's premises that is assigned to such consumer's
12 account with an analog utility meter.
13 4. An electric corporation, water-works corporation or gas corporation
14 may not install a digital utility meter on a consumer's premises that is
15 assigned to such consumer's account unless it first shall provide writ-
16 ten notice to the consumer no less than ninety days prior to the sched-
17 uled installation of such meter, so that such consumer may decline
18 permission for such installation. Such notice shall provide that:
19 (a) the consumer shall have the right to decline permission for their
20 electric corporation, water-works corporation or gas corporation, from
21 installing a digital utility meter with no fee, penalty or service
22 charge; and
23 (b) the consumer may, at any point in time following the installation
24 of a digital utility meter, require the removal of such device and its
25 replacement with an analog utility meter, with no fee, penalty or
26 service charge; and
27 (c) an electric corporation, water-works corporation or gas corpo-
28 ration must comply with such consumer's instructions within ten days of
29 receipt, if the consumer informs such electric corporation, water-works
30 corporation or gas corporation, in writing, that such consumer suffers
31 from electromagnetic sensitivity and that the transmitted and unintended
32 radiofrequency radiation from both transmitting and non-transmitting
33 digital utility meters poses a health threat to such consumer or within
34 thirty days of receipt in all other cases.
35 5. For buildings and properties having multiple units and multiple
36 consumers of electric, water and/or gas services, electric corporations,
37 water-works corporations, or gas corporations, in complying with subdi-
38 vision four of this section:
39 (a) may not install or upgrade any digital utility meters at such a
40 building or property, if fifty percent or more of such consumers decline
41 permission for such installation; and
42 (b) shall remove a digital utility meter assigned to a consumer's
43 account and replace with an analog meter when requested by such consumer
44 in compliance with subdivision four of this section.
45 6. The electric corporation, water-works corporation and/or gas corpo-
46 ration shall maintain a record for a period of no less than three years
47 of all responses it receives to requests for permission to install
48 digital utility meters or for the removal and replacement with analog
49 utility meters of previously installed digital meters.
50 7. The public service commission shall prescribe such rules and regu-
51 lations to effectuate the provisions of this section as it may deem
52 necessary.
53 § 2. This act shall take effect immediately.
