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.
