STATE OF NEW YORK ________________________________________________________________________ 5586 2023-2024 Regular Sessions IN SENATE March 8, 2023 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law, in relation to advanced metering infrastructure 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 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 a utility for the purposes of billing; and be designed to be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04046-01-3
S. 5586 2 1 capable of measuring and storing customer electric and/or gas usage 2 data, including time of use in real time; or 3 (b) a two-way smart meter, which shall mean a device that is designed 4 to 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 5. Notwithstanding the provisions of subdivisions three and four of 38 this section, in the case of a multiple dwelling, as defined in subdivi- 39 sion seven of section four of the multiple dwelling law, a condominium 40 or cooperative, an electric and/or gas corporation shall not install one 41 or more two-way smart meters in such a structure where such type of 42 meters have not been previously utilized (a) unless it shall provide 43 written notice to each customer of record no less than one hundred 44 eighty days prior to the scheduled installation of such meters and (b) 45 where more than thirty percent of the customers of record residing in 46 such a structure at the time of notice decline a two-way smart meter 47 installation within ninety days of the notice provided in paragraph (a) 48 of this subdivision. 49 6. The notice required pursuant to subdivision five of this section 50 shall inform each customer of record of his or her electric and/or gas 51 corporation's two-way smart meter installation plan for such structure 52 and provide instructions on how a customer may decline installation. The 53 electric and/or gas corporation shall maintain a record of all responses 54 it receives for a period of no less than three years. 55 § 2. The public service law is amended by adding a new section 89-q to 56 read as follows:
S. 5586 3 1 § 89-q. Advanced metering infrastructure devices for water-works 2 services. 1. The commission shall not approve the installation of any 3 advanced metering infrastructure (AMI) device by a water-works corpo- 4 ration unless such device meets or exceeds the following standards for 5 AMI performance and safety, which shall include: 6 (a) Federal Communications Commission standards for intentional and 7 unintentional radio frequency emissions and any other relevant standards 8 related to radio frequency exposure; 9 (b) American National Standards Institute (ANSI) specifications for 10 meter accuracy and performance; and 11 (c) any other standards, requirements and guidelines established by 12 the commission to protect customer health and safety and ensure, to the 13 fullest extent possible, the protection and encryption of customer 14 personal, financial and water usage information. The commission shall 15 promulgate regulations necessary to effectuate this subdivision. 16 2. For purposes of this section advanced metering infrastructure shall 17 include: 18 (a) a one-way smart meter, which shall mean a device designed to 19 utilize one-way communications systems, including but not limited to: 20 (i) power line carrier; (ii) radio frequency; (iii) wireless fidelity 21 network; (iv) telephony; and (v) the internet to transmit customer usage 22 data to a water-works for the purposes of billing; and be designed to be 23 capable of measuring and storing customer water usage data, including 24 time of use in real time; or 25 (b) a two-way smart meter, which shall mean a device that is designed 26 to utilize two-way communications systems, including but not limited to: 27 (i) radio frequency; (ii) wireless fidelity network; or (iii) the inter- 28 net to transmit electric usage and pricing data between a water-works 29 corporation and its customers, where such device is capable of (A) meas- 30 uring usage data and transmitting such data in intervals of at least 31 once per day; (B) receiving in real-time, water supply and delivery 32 rates; (C) detecting customer service disruptions and transmitting such 33 information to a water-works corporation; and (D) storing customer usage 34 data. 35 3. It shall be the right of every customer of a water-works corpo- 36 ration, at no penalty, fee or service charge (a) to decline the permis- 37 sion of his or her water-works corporation to replace an existing meter 38 at such customer's premises that is assigned to such customer's account 39 with a two-way smart meter, or (b) to install any two-way smart meter 40 device at his or her property without such customer's consent. 41 4. A water-works corporation may not install a two-way smart meter on 42 a customer's premises that is assigned to such customer's account unless 43 it shall provide written notice to the customer no less than ninety days 44 prior to the scheduled installation of such meter. Such notice shall 45 provide that: 46 (a) the customer shall have the right to decline his or her water- 47 works corporation from installing a two-way smart meter with no fee, 48 penalty or service charge; 49 (b) the customer may, at any point during a period of three hundred 50 sixty-five days following the installation of a two-way smart meter, 51 require the removal of such device with no fee, penalty or service 52 charge; 53 (c) the customer may be liable for a fee to be determined by the 54 commission for the removal of a two-way smart meter device if the 55 customer requests the removal more than three hundred sixty-five days 56 following the installation of such meter at his or her premises.
S. 5586 4 1 5. Notwithstanding the provisions of subdivisions three and four of 2 this section, in the case of a multiple dwelling, as defined in subdivi- 3 sion seven of section four of the multiple dwelling law, a condominium 4 or cooperative, a water-works corporation shall not install one or more 5 two-way smart meters in such a structure where such type of meters have 6 not been previously utilized (a) unless it shall provide written notice 7 to each customer of record no less than one hundred eighty days prior to 8 the scheduled installation of such meters and (b) where more than thirty 9 percent of the customers of record residing in such a structure at the 10 time of the notice decline two-way smart meter installation within nine- 11 ty days of the notice provided in paragraph (a) of this subdivision. 12 6. The notice required pursuant to subdivision five of this section 13 shall inform each customer of record of his or her water-works corpo- 14 ration's two-way smart meter installation plan for such structure and 15 provide instructions on how a customer may decline installation. The 16 water-works corporation shall maintain a record of all responses it 17 receives for a period of no less than three years. 18 § 3. This act shall take effect immediately.