North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1486 Compare Versions

Only one version of the bill is available at this time.

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1	1	25.1031.03000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Representative D. Johnston
7	7	Senators Clemens, Wobbema
8	8	A BILL for an Act to create and enact a new section to chapter 49-04.1 of the North Dakota
9	9	Century Code, relating to the installation of smart meters; and to amend and reenact section
10	10	49-04.1-01 of the North Dakota Century Code, relating to unauthorized metering.
11	11	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12	12	SECTION 1. AMENDMENT. Section 49-04.1-01 of the North Dakota Century Code is
13	13	amended and reenacted as follows:
14	14	49-04.1-01. Definitions.
15	15	As used in this chapter, unless the context or subject matter otherwise requires:
16	16	1."Bypassing" means the act of attaching, connecting, or in any manner affixing any
17	17	wire, cord, socket, motor or other instrument, device, or contrivance to the utility
18	18	supply system or any part thereof in a manner as to transmit, supply, or use any utility
19	19	service without passing through an authorized meter for measuring or registering the
20	20	amount of utility service.
21	21	2."Customer" means the person responsible for payment for utility services for the
22	22	premises and includes employees and agents of the customer.
23	23	3."Smart meter gateway device" means any electronic device producing an electronic
24	24	signal extending outside the device, which serves as an electric utility load control
25	25	device, and which is a device ancillary to the electric utility meter located at the end
26	26	user's residence or business, and the device either:
27	27	a.Serves as a communications gateway or portal to appliances, equipment, or
28	28	devices using electricity, water, or gas in the end user's residence or business; or
29	29	b.Otherwise communicates with appliances, equipment, or devices using electricity,
30	30	water, or gas in the end user's residence or business.
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32	32	HOUSE BILL NO. 1486
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58	58	4."Tampering" means damaging, altering, adjusting, or in any manner interfering with or
59	59	obstructing the action or operation of any meter provided for measuring or registering
60	60	the amount of utility service passing through the meter.
61	61	4.5."Unauthorized metering" means removing, moving, installing, connecting,
62	62	reconnecting, or disconnecting any meter or metering device for utility service by a
63	63	person other than an authorized employee or agent of a utility.
64	64	5.6."Utility" means any public utility, municipally owned utility, or cooperative utility which
65	65	provides electricity, gas, or water, or any combination thereof, for sale to consumers.
66	66	6.7."Utility service" means the provision of electricity, gas, water, or any other service or
67	67	commodity furnished by the utility for compensation.
68	68	7.8."Utility supply system" includes all wires, conduits, pipes, cords, sockets, motors,
69	69	meters, instruments, and all other devices used by the utility for the purpose of
70	70	providing utility service.
71	71	SECTION 2. A new section to chapter 49-04.1 of the North Dakota Century Code is created
72	72	and enacted as follows:
73	73	Installation of smart meter gateway device - Consent required - Required disclosures.
74	74	1.A utility service may not install a smart meter gateway device on or in a person's home
75	75	or business without providing a form as prescribed under this section which must be
76	76	signed by the property owner. The form must contain the following statement in at
77	77	least twelve - point type:
78	78	a.You may opt - out of the installation of a smart meter gateway device ;
79	79	b.If you choose to opt - out of the installation, service provided by this utility service
80	80	will not be interrupted or hindered; and
81	81	c.For your information, a smart meter gateway device is any electronic device
82	82	producing an electronic signal extending outside the device, which serves as an
83	83	electric utility load control device, and which is a device ancillary to the electric
84	84	utility meter located at the end user's residence or business, and the device
85	85	either:
86	86	(1)Serves as a communications gateway or portal to appliances, equipment, or
87	87	devices using electricity, water, or gas in the end user's residence or
88	88	business; or
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122	122	(2)Otherwise communicates with appliances, equipment, or devices using
123	123	electricity, water, or gas in the end user's residence or business.
124	124	2.Upon first providing services to a person's residence or business, the utility service
125	125	shall disclose in writing whether a smart meter gateway device has been installed, and
126	126	if installed, the utility service shall allow the removal of a smart meter gateway device
127	127	upon written request from the owner of the residence or business. Upon removal, a
128	128	traditional legacy electromechanical meter must be installed in place of the smart
129	129	meter gateway device.
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