Bill Text: NY S05632 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes certain consumer rights for the protection of consumer health, safety and/or privacy needs related to utility meters.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-12 - PRINT NUMBER 5632A [S05632 Detail]
Download: New_York-2023-S05632-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5632--A 2023-2024 Regular Sessions IN SENATE March 9, 2023 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 (c) "Consumer" shall mean the end-user of utility services from an 17 electric corporation, water-works corporation or gas corporation, 18 including tenants in and owners of public and privately-owned buildings 19 and premises. 20 2. For the protection of consumer health, safety and/or privacy needs, 21 it shall be the right of every consumer of an electric corporation, 22 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. LBD09933-03-4S. 5632--A 2 1 service charge, to decline permission to their electric corporation, 2 water-works corporation or gas corporation: 3 (a) to replace an existing analog utility meter at such consumer's 4 premises that is assigned to such consumer's account with a digital 5 utility meter; or 6 (b) to install a digital utility meter at their property without such 7 consumer's consent. 8 3. For the protection of consumer health, safety and/or privacy needs, 9 it shall be the right of every consumer of an electric corporation, 10 water-works corporation or gas corporation, at no penalty, fee or 11 service charge, to require their electric corporation, water-works 12 corporation or gas corporation to replace an existing digital utility 13 meter at such consumer's premises that is assigned to such consumer's 14 account with an analog utility meter. 15 4. An electric corporation, water-works corporation or gas corporation 16 may not install a digital utility meter on a consumer's premises that is 17 assigned to such consumer's account unless it first shall provide writ- 18 ten notice to the consumer no less than ninety days prior to the sched- 19 uled installation of such meter, so that such consumer may decline 20 permission for such installation. Such notice shall provide that: 21 (a) the consumer shall have the right to decline permission for their 22 electric corporation, water-works corporation or gas corporation, from 23 installing a digital utility meter with no fee, penalty or service 24 charge; and 25 (b) the consumer may, at any point in time following the installation 26 of a digital utility meter, require the removal of such device and its 27 replacement with an analog utility meter, with no fee, penalty or 28 service charge; and 29 (c) an electric corporation, water-works corporation or gas corpo- 30 ration must comply with such consumer's instructions within ten days of 31 receipt, if the consumer informs such electric corporation, water-works 32 corporation or gas corporation, in writing, that such consumer suffers 33 from electromagnetic sensitivity and that the transmitted and unintended 34 radiofrequency radiation from both transmitting and non-transmitting 35 digital utility meters poses a health threat to such consumer or within 36 thirty days of receipt in all other cases. 37 5. For buildings and properties having multiple units and multiple 38 consumers of electric, water and/or gas services, electric corporations, 39 water-works corporations, or gas corporations, in complying with subdi- 40 vision four of this section: 41 (a) may not install or upgrade any digital utility meters at such a 42 building or property, if fifty percent or more of such consumers decline 43 permission for such installation; and 44 (b) shall remove a digital utility meter assigned to a consumer's 45 account and replace with an analog meter when requested by such consumer 46 in compliance with subdivision four of this section. 47 6. The electric corporation, water-works corporation and/or gas corpo- 48 ration shall maintain a record for a period of no less than three years 49 of all responses it receives to requests for permission to install 50 digital utility meters or for the removal and replacement with analog 51 utility meters of previously installed digital meters. 52 7. The public service commission shall prescribe such rules and regu- 53 lations to effectuate the provisions of this section as it may deem 54 necessary. 55 § 2. This act shall take effect immediately.
