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