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A09148 Summary:

BILL NOA09148A
 
SAME ASSAME AS S05632-A
 
SPONSOROtis
 
COSPNSRShrestha, Seawright, Mamdani, Thiele, Colton, Davila, Simon, Lunsford, Gallahan, Reyes
 
MLTSPNSR
 
Add 349-g, Gen Bus L
 
Establishes certain consumer rights for the protection of consumer health, safety and/or privacy needs related to utility meters.
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A09148 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9148A
 
SPONSOR: Otis
  TITLE OF BILL: An act to amend the general business law, in relation to consumer protection and utility meter choice   PURPOSE OR GENERAL IDEA OF BILL: Relates to consumer protection and utility meter choice.   SUMMARY OF PROVISIONS: Section 1 amends the general business law by adding a new section to provide the right of every consumer of an electric or gas corporation, at no penalty, fee, or service charge, to decline permission to their electric corporation or gas corporation: (a) to replace an existing analog utility meter that is assigned to such a consumer's account with a digital utility meter; or (b) to install a digital utility meter at their property with-out such consumer's consent. Such a consumer shall have the right to decline permission for their electric corporation, gas corporation, or water- works corporation from installing a digital utility meter with no fee, penalty, or service charge; and, at any point in time following the installation of a digital utility meter, the consumer may require the removal of such a device to be replaced with an analog utility meter. Electric, gas, and waterworks corporations must comply with such consum- er's instructions within ten days of receipt of a written notice that such consumer suffers from electromagnetic sensitivity and that the transmitted and unintended radiofrequency radiation from both transmit- ting and non-transmitting digital utility meters poses a health threat to such consumer or within thirty days of receipt in all other cases. Additionally, this section provides the public service commission with the jurisdiction to prescribe such rules and regulations to effectuate this section as it may deem necessary. Section 2 states the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The bill is amended to remove certain language to match S5632-A.   JUSTIFICATION: Currently, New York does not allow for a state-wide opt-out program for digital utility meters (smart meters). Nationwide, six states including California have allowed utility consumers the option to opt-out of switching to smart meters, favoring those who prefer analog meters. This bill will afford utility customers the freedom of decision on whether or not they would like to decline or opt-out of a digital utili- ty meter, or "smart meter", and remain with an analog meter in its place.   PRIOR LEGISLATIVE HISTORY: 2021-2022: S8765/10555 - Died in Consumer Protection/ Died in Consumer Affairs and Protection   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect immediately.
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A09148 Text:



 
                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.
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