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 ________________________________________________________________________ 4354--A 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- tee 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. LBD07212-04-6A. 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.
