S T A T E   O F   N E W   Y O R K
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                                 4354--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            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:

  Section  1.  The public service law is amended by adding a new section
67-b to read as follows:
  S 67-B. ADVANCED METERING INFRASTRUCTURE DEVICES FOR ELECTRIC AND  GAS
SERVICES.  1. THE COMMISSION SHALL NOT ALLOW FOR THE INSTALLATION OF ANY
ADVANCED METERING INFRASTRUCTURE (AMI) DEVICE BY AN ELECTRIC AND/OR  GAS
CORPORATION  UNLESS SUCH DEVICE MEETS OR EXCEEDS THE FOLLOWING STANDARDS
FOR AMI PERFORMANCE AND SAFETY, WHICH SHALL INCLUDE:
  (A) FEDERAL COMMUNICATIONS COMMISSION STANDARDS  FOR  INTENTIONAL  AND
UNINTENTIONAL RADIO FREQUENCY EMISSIONS AND ANY OTHER RELEVANT STANDARDS
RELATED TO RADIO FREQUENCY EXPOSURE;
  (B)  AMERICAN  NATIONAL  STANDARDS INSTITUTE (ANSI) SPECIFICATIONS FOR
METER ACCURACY AND PERFORMANCE; AND
  (C) ANY OTHER STANDARDS, REQUIREMENTS AND  GUIDELINES  ESTABLISHED  BY
THE  COMMISSION TO PROTECT CUSTOMER HEALTH AND SAFETY AND ENSURE, TO THE
FULLEST EXTENT POSSIBLE,  THE  PROTECTION  AND  ENCRYPTION  OF  CUSTOMER
PERSONAL,  FINANCIAL  AND ENERGY USAGE INFORMATION. THE COMMISSION SHALL
PROMULGATE REGULATIONS NECESSARY TO EFFECTUATE THIS SUBDIVISION.
  2. FOR PURPOSES OF THIS SECTION ADVANCED METERING INFRASTRUCTURE SHALL
INCLUDE:
  (A) A ONE-WAY SMART METER, WHICH  SHALL  MEAN  A  DEVICE  DESIGNED  TO
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.
                                                           LBD07212-04-6
              

A. 4354--A                          2

(I) POWER LINE CARRIER; (II) RADIO FREQUENCY;  (III)  WIRELESS  FIDELITY
NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
DATA  TO AN ELECTRIC AND/OR GAS CORPORATION FOR THE PURPOSES OF BILLING;
AND BE DESIGNED TO BE CAPABLE OF MEASURING AND STORING CUSTOMER ELECTRIC
AND/OR GAS USAGE DATA, INCLUDING TIME OF USE IN REAL TIME; OR
  (B) TWO-WAY SMART METER, WHICH SHALL MEAN A DEVICE THAT IS DESIGNED TO
UTILIZE  TWO-WAY  COMMUNICATIONS  SYSTEMS, INCLUDING BUT NOT LIMITED TO:
(I) RADIO FREQUENCY; (II) WIRELESS FIDELITY NETWORK; OR (III) THE INTER-
NET TO TRANSMIT ELECTRIC USAGE AND  PRICING  DATA  BETWEEN  AN  ELECTRIC
AND/OR  GAS  CORPORATION AND ITS CUSTOMERS, WHERE SUCH DEVICE IS CAPABLE
OF (A) MEASURING USAGE DATA AND TRANSMITTING SUCH DATA IN  INTERVALS  OF
AT  LEAST  ONCE  PER  DAY; (B) RECEIVING IN REAL-TIME, PER-KILOWATT HOUR
(KWH) AND/OR PER (THERM) GAS AND ELECTRIC SUPPLY AND DELIVERY RATES; (C)
DETECTING CUSTOMER SERVICE DISRUPTIONS AND TRANSMITTING SUCH INFORMATION
TO AN ELECTRIC AND/OR GAS CORPORATION; AND (D)  STORING  CUSTOMER  USAGE
DATA.
  3.  IT  SHALL BE THE RIGHT OF EVERY CUSTOMER OF AN ELECTRIC AND/OR GAS
CORPORATION, AT NO PENALTY, FEE OR SERVICE CHARGE TO DECLINE THE PERMIS-
SION OF HIS OR HER ELECTRIC AND/OR GAS CORPORATION, (A)  TO  REPLACE  AN
EXISTING  METER  AT  SUCH  CUSTOMER'S  PREMISES THAT IS ASSIGNED TO SUCH
CUSTOMER'S ACCOUNT WITH A TWO-WAY SMART METER  OR  (B)  TO  INSTALL  ANY
TWO-WAY  SMART  METER DEVICE AT HIS OR HER PROPERTY WITHOUT SUCH CUSTOM-
ER'S CONSENT.
  4. AN ELECTRIC AND/OR GAS CORPORATION MAY NOT INSTALL A TWO-WAY  SMART
METER  ON  A  CUSTOMER'S  PREMISES  THAT  IS ASSIGNED TO SUCH CUSTOMER'S
ACCOUNT UNLESS IT SHALL PROVIDE WRITTEN NOTICE TO THE CUSTOMER  NO  LESS
THAN NINETY DAYS PRIOR TO THE SCHEDULED INSTALLATION OF SUCH METER. SUCH
NOTICE SHALL PROVIDE THAT:
  (A)  THE  CUSTOMER SHALL HAVE THE RIGHT TO DECLINE HIS OR HER ELECTRIC
AND/OR GAS CORPORATION FROM INSTALLING A TWO-WAY  SMART  METER  WITH  NO
FEE, PENALTY OR SERVICE CHARGE;
  (B)  THE  CUSTOMER  MAY, AT ANY POINT DURING A PERIOD OF THREE HUNDRED
SIXTY-FIVE DAYS FOLLOWING THE INSTALLATION OF  A  TWO-WAY  SMART  METER,
REQUIRE  THE  REMOVAL  OF  SUCH  DEVICE  WITH NO FEE, PENALTY OR SERVICE
CHARGE;
  (C) THE CUSTOMER MAY BE LIABLE FOR A  FEE  TO  BE  DETERMINED  BY  THE
COMMISSION  FOR  THE  REMOVAL  OF  A  TWO-WAY  SMART METER DEVICE IF THE
CUSTOMER REQUESTS THE REMOVAL MORE THAN THREE  HUNDRED  SIXTY-FIVE  DAYS
FOLLOWING THE INSTALLATION OF SUCH METER AT HIS OR HER PREMISES.
  S 2. This act shall take effect immediately.