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S07214 Summary:

Add 67-b, Pub Serv L
Relates to advanced metering infrastructure devices for residential services.
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S07214 Actions:

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S07214 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     January 3, 2018
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
        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;
    25  and be designed to be capable of measuring and storing customer electric
    26  and/or gas usage data, including time of use in real time; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 7214                             2
     1    (b) two-way smart meter, which shall mean a device that is designed to
     2  utilize  two-way  communications  systems, including but not limited to:
     3  (i) radio frequency; (ii) wireless fidelity network; or (iii) the inter-
     4  net to transmit electric usage and  pricing  data  between  an  electric
     5  and/or  gas  corporation and its customers, where such device is capable
     6  of (A) measuring usage data and transmitting such data in  intervals  of
     7  at  least  once  per  day; (B) receiving in real-time, per-kilowatt hour
     8  (kWh) and/or per (therm) gas and electric supply and delivery rates; (C)
     9  detecting customer service disruptions and transmitting such information
    10  to an electric and/or gas corporation; and (D)  storing  customer  usage
    11  data.
    12    3.  It  shall be the right of every customer of an electric and/or gas
    13  corporation, at no penalty, fee or service charge to decline the permis-
    14  sion of his or her electric and/or gas corporation, (a)  to  replace  an
    15  existing  meter  at  such  customer's  premises that is assigned to such
    16  customer's account with a two-way smart meter  or  (b)  to  install  any
    17  two-way  smart  meter device at his or her property without such custom-
    18  er's consent.
    19    4. An electric and/or gas corporation may not install a two-way  smart
    20  meter  on  a  customer's  premises  that  is assigned to such customer's
    21  account unless it shall provide written notice to the customer  no  less
    22  than ninety days prior to the scheduled installation of such meter. Such
    23  notice shall provide that:
    24    (a)  the  customer shall have the right to decline his or her electric
    25  and/or gas corporation from installing a two-way  smart  meter  with  no
    26  fee, penalty or service charge;
    27    (b)  the  customer  may, at any point during a period of three hundred
    28  sixty-five days following the installation of  a  two-way  smart  meter,
    29  require  the  removal  of  such  device  with no fee, penalty or service
    30  charge;
    31    (c) the customer may be liable for a  fee  to  be  determined  by  the
    32  commission  for  the  removal  of  a  two-way  smart meter device if the
    33  customer requests the removal more than three  hundred  sixty-five  days
    34  following the installation of such meter at his or her premises.
    35    § 2. This act shall take effect immediately.
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