Bill Text: NY A04354 | 2015-2016 | General Assembly | Amended

Bill Title: Relates to advanced metering infrastructure devices for residential services.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2016-05-26 - advanced to third reading cal.763 [A04354 Detail]

Download: New_York-2015-A04354-Amended.html

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2015
        Introduced  by  M.  of A. DenDEKKER, ABINANTI, SKARTADOS, RAIA -- Multi-
          Sponsored by -- M. of A. ROZIC  --  read  once  and  referred  to  the
          Committee  on  Energy  --  recommitted  to  the Committee on Energy in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
        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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4354--A                          2
     1  (i) power line carrier; (ii) radio frequency;  (iii)  wireless  fidelity
     2  network; (iv) telephony; and (v) the internet to transmit customer usage
     3  data  to an electric and/or gas corporation for the purposes of billing;
     4  and be designed to be capable of measuring and storing customer electric
     5  and/or gas usage data, including time of use in real time; or
     6    (b) two-way smart meter, which shall mean a device that is designed to
     7  utilize  two-way  communications  systems, including but not limited to:
     8  (i) radio frequency; (ii) wireless fidelity network; or (iii) the inter-
     9  net to transmit electric usage and  pricing  data  between  an  electric
    10  and/or  gas  corporation and its customers, where such device is capable
    11  of (A) measuring usage data and transmitting such data in  intervals  of
    12  at  least  once  per  day; (B) receiving in real-time, per-kilowatt hour
    13  (kWh) and/or per (therm) gas and electric supply and delivery rates; (C)
    14  detecting customer service disruptions and transmitting such information
    15  to an electric and/or gas corporation; and (D)  storing  customer  usage
    16  data.
    17    3.  It  shall be the right of every customer of an electric and/or gas
    18  corporation, at no penalty, fee or service charge to decline the permis-
    19  sion of his or her electric and/or gas corporation, (a)  to  replace  an
    20  existing  meter  at  such  customer's  premises that is assigned to such
    21  customer's account with a two-way smart meter  or  (b)  to  install  any
    22  two-way  smart  meter device at his or her property without such custom-
    23  er's consent.
    24    4. An electric and/or gas corporation may not install a two-way  smart
    25  meter  on  a  customer's  premises  that  is assigned to such customer's
    26  account unless it shall provide written notice to the customer  no  less
    27  than ninety days prior to the scheduled installation of such meter. Such
    28  notice shall provide that:
    29    (a)  the  customer shall have the right to decline his or her electric
    30  and/or gas corporation from installing a two-way  smart  meter  with  no
    31  fee, penalty or service charge;
    32    (b)  the  customer  may, at any point during a period of three hundred
    33  sixty-five days following the installation of  a  two-way  smart  meter,
    34  require  the  removal  of  such  device  with no fee, penalty or service
    35  charge;
    36    (c) the customer may be liable for a  fee  to  be  determined  by  the
    37  commission  for  the  removal  of  a  two-way  smart meter device if the
    38  customer requests the removal more than three  hundred  sixty-five  days
    39  following the installation of such meter at his or her premises.
    40    § 2. This act shall take effect immediately.