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A06300 Summary:

COSPNSRConrad, McDonald, Colton
Add §67-b, Pub Serv L
Relates to advanced metering infrastructure devices for residential services.
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A06300 Actions:

04/03/2023referred to energy
01/03/2024referred to energy
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A06300 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
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.
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A06300 Text:

                STATE OF NEW YORK
                               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.

        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.
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