NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6300
SPONSOR: Barrett TITLE OF BILL:
An act to amend the public service law, in relation to advanced metering
infrastructure devices for residential services
PURPOSE OF THE BILL:
To restrict the use of advanced metering infrastructure devices by elec-
tric and gas corporations.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends the Public Service Law by adding a new section 67-b.
This section will prohibit the New York State Public Service Commission
(PSC) from allowing the installation of any advanced metering infras-
tructure (AMI) devices by an electric and/or gas corporation unless they
meet specific standards; provide definitions of one-way smart meter and
two-way smart meter; require utilities to provide notice to customers
before installation of a two-way smart meter; and allow a customer of
record the right to opt-out of the installation of a two-way smart meter
on their premises.
Section 2: Effective Date.
JUSTIFICATION:
Advanced metering infrastructure, specifically two-way smart meters, is
an advancement in technology that allows utility companies to track a
customer's electricity consumption remotely, eliminating the need to
dispatch meter reading personnel to a customer's premises. Two-way
meters are intended to give consumers information about their consump-
tion and educate owners on their usage. Nevertheless, there is a public
sentiment that this information has the potential to expose private
information about homeowners and their schedules. Many believe that
two-way smart meters are vulnerable to security breaches including hack-
ing, similar to criminals accessing credit card information through
hacking into unsecured networks. Consumers have expressed concern that
the information collected by a two-way smart meter has the potential to
give criminals a schedule for when a house is most likely empty. It is
important to ensure that the homeowner's right to privacy is not
infringed upon.
In response to consumer concerns, over the past year, the Public Utili-
ties Commissions of California, Maine, and Nevada have all issued orders
that allow customers to opt out of smart meters. This legislation goes a
step further and provides that all one-way and two-way smart meters
installed by electric and/or gas corporations approved by the PSC meet
consumer privacy and public health standards.
LEGISLATIVE HISTORY:
2019-2020: A.3919 - Referred to Energy
2017-2018: A.3066 - Referred to Energy.
2015-2016: A.4354-A - Reported from Ways and Means
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Likely cost to the New York State Department of Public Service (DPS).
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6300
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. BARRETT -- read once and referred to the Commit-
tee 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.
LBD02362-01-3
A. 6300 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.
