Bill Text: NY A09148 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Establishes certain consumer rights for the protection of consumer health, safety and/or privacy needs related to utility meters.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Introduced) 2024-03-12 - print number 9148a [A09148 Detail]

Download: New_York-2023-A09148-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9148

                   IN ASSEMBLY

                                    February 8, 2024
                                       ___________

        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Energy

        AN ACT to amend the  general  business  law,  in  relation  to  consumer
          protection and utility meter choice

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  349-g to read as follows:
     3    § 349-g. Consumer protection and utility meter choice. 1. For purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "Analog utility meter" shall mean a New York state public  service
     6  commission  approved  electro-mechanical  utility  meter that measures a
     7  utility consumer's electric, water or gas usage and does not contain  or
     8  utilize  electronic  components or switch mode power supply and does not
     9  extract, store, or transmit private utility usage data or radiofrequency
    10  radiation.
    11    (b) "Digital utility meter" shall mean a New York state public service
    12  commission approved,  radiofrequency  transmitting  or  non-transmitting
    13  utility  meter  that  utilizes  electronic components, including but not
    14  limited to, switch mode power supply, antennas and batteries,  to  meas-
    15  ure, extract, store and/or transmit electric, water or gas usage.
    16    2. For the protection of consumer health, safety and/or privacy needs,
    17  it  shall  be  the  right  of every consumer of an electric corporation,
    18  water-works corporation or  gas  corporation,  at  no  penalty,  fee  or
    19  service  charge,  to  decline  permission to their electric corporation,
    20  water-works corporation or gas corporation:
    21    (a) to replace an existing analog utility  meter  at  such  consumer's
    22  premises  that  is  assigned  to  such consumer's account with a digital
    23  utility meter; or
    24    (b) to install a digital utility meter at their property without  such
    25  consumer's consent.
    26    3. For the protection of consumer health, safety and/or privacy needs,
    27  it  shall  be  the  right  of every consumer of an electric corporation,
    28  water-works corporation or  gas  corporation,  at  no  penalty,  fee  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09933-02-3
        A. 9148                             2

     1  service  charge,  to  require  their  electric  corporation, water-works
     2  corporation or gas corporation to replace an  existing  digital  utility
     3  meter  at  such  consumer's premises that is assigned to such consumer's
     4  account with an analog utility meter.
     5    4. An electric corporation, water-works corporation or gas corporation
     6  may not install a digital utility meter on a consumer's premises that is
     7  assigned  to such consumer's account unless it first shall provide writ-
     8  ten notice to the consumer no less than ninety days prior to the  sched-
     9  uled  installation  of  such  meter,  so  that such consumer may decline
    10  permission for such installation. Such notice shall provide that:
    11    (a) the consumer shall have the right to decline permission for  their
    12  electric  corporation,  water-works corporation or gas corporation, from
    13  installing a digital utility meter  with  no  fee,  penalty  or  service
    14  charge; and
    15    (b)  the consumer may, at any point in time following the installation
    16  of a digital utility meter, require the removal of such device  and  its
    17  replacement  with  an  analog  utility  meter,  with  no fee, penalty or
    18  service charge; and
    19    (c) an electric corporation, water-works  corporation  or  gas  corpo-
    20  ration  must comply with such consumer's instructions within ten days of
    21  receipt, if the consumer informs such electric corporation,  water-works
    22  corporation  or  gas corporation, in writing, that such consumer suffers
    23  from electromagnetic sensitivity and that the transmitted and unintended
    24  radiofrequency radiation from  both  transmitting  and  non-transmitting
    25  digital  utility meters poses a health threat to such consumer or within
    26  thirty days of receipt in all other cases.
    27    5. The public service commission shall prescribe such rules and  regu-
    28  lations  to  effectuate  the  provisions  of this section as it may deem
    29  necessary.
    30    § 2. This act shall take effect immediately.