S T A T E   O F   N E W   Y O R K
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                                  9931

                          I N  A S S E M B L Y

                             April 28, 2016
                               ___________

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

AN ACT to amend the public service law, in relation to advanced metering
  infrastructure

  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 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:
(I) POWER LINE CARRIER; (II) RADIO FREQUENCY;  (III)  WIRELESS  FIDELITY
NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
DATA  TO  A  UTILITY  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)  A TWO-WAY SMART METER, WHICH SHALL MEAN A DEVICE THAT IS DESIGNED
TO UTILIZE TWO-WAY COMMUNICATIONS SYSTEMS, INCLUDING BUT NOT LIMITED TO:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14820-03-6

A. 9931                             2

(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.
  5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE  AND  FOUR  OF
THIS SECTION, IN THE CASE OF A MULTIPLE DWELLING, AS DEFINED IN SUBDIVI-
SION  SEVEN  OF SECTION FOUR OF THE MULTIPLE DWELLING LAW, A CONDOMINIUM
OR COOPERATIVE, AN ELECTRIC AND/OR GAS CORPORATION SHALL NOT INSTALL ONE
OR MORE TWO-WAY SMART METERS IN SUCH A  STRUCTURE  WHERE  SUCH  TYPE  OF
METERS  HAVE  NOT  BEEN  PREVIOUSLY UTILIZED (A) UNLESS IT SHALL PROVIDE
WRITTEN NOTICE TO EACH CUSTOMER OF  RECORD  NO  LESS  THAN  ONE  HUNDRED
EIGHTY  DAYS  PRIOR TO THE SCHEDULED INSTALLATION OF SUCH METERS AND (B)
WHERE MORE THAN THIRTY PERCENT OF THE CUSTOMERS OF  RECORD  RESIDING  IN
SUCH  A  STRUCTURE  AT  THE TIME OF NOTICE DECLINE A TWO-WAY SMART METER
INSTALLATION WITHIN NINETY DAYS OF THE NOTICE PROVIDED IN PARAGRAPH  (A)
OF THIS SUBDIVISION.
  6.  THE  NOTICE  REQUIRED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION
SHALL INFORM EACH CUSTOMER OF RECORD OF HIS OR HER ELECTRIC  AND/OR  GAS
CORPORATION'S  TWO-WAY  SMART METER INSTALLATION PLAN FOR SUCH STRUCTURE
AND PROVIDE INSTRUCTIONS ON HOW A CUSTOMER MAY DECLINE INSTALLATION. THE
ELECTRIC AND/OR GAS CORPORATION SHALL MAINTAIN A RECORD OF ALL RESPONSES
IT RECEIVES FOR A PERIOD OF NO LESS THAN THREE YEARS.
  S 2. The public service law is amended by adding a new section 89-q to
read as follows:
  S 89-Q.  ADVANCED  METERING  INFRASTRUCTURE  DEVICES  FOR  WATER-WORKS
SERVICES.  1.  THE  COMMISSION SHALL NOT APPROVE THE INSTALLATION OF ANY
ADVANCED METERING INFRASTRUCTURE (AMI) DEVICE BY  A  WATER-WORKS  CORPO-

A. 9931                             3

RATION  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 WATER 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:
(I)  POWER  LINE  CARRIER; (II) RADIO FREQUENCY; (III) WIRELESS FIDELITY
NETWORK; (IV) TELEPHONY; AND (V) THE INTERNET TO TRANSMIT CUSTOMER USAGE
DATA TO A WATER-WORKS FOR THE PURPOSES OF BILLING; AND BE DESIGNED TO BE
CAPABLE OF MEASURING AND STORING CUSTOMER WATER  USAGE  DATA,  INCLUDING
TIME OF USE IN REAL TIME; OR
  (B)  A 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  A  WATER-WORKS
CORPORATION AND ITS CUSTOMERS, WHERE SUCH DEVICE IS CAPABLE OF (A) MEAS-
URING  USAGE  DATA  AND  TRANSMITTING SUCH DATA IN INTERVALS OF AT LEAST
ONCE PER DAY; (B) RECEIVING IN  REAL-TIME,  WATER  SUPPLY  AND  DELIVERY
RATES;  (C) DETECTING CUSTOMER SERVICE DISRUPTIONS AND TRANSMITTING SUCH
INFORMATION TO A WATER-WORKS CORPORATION; AND (D) STORING CUSTOMER USAGE
DATA.
  3. IT SHALL BE THE RIGHT OF EVERY CUSTOMER  OF  A  WATER-WORKS  CORPO-
RATION,  AT NO PENALTY, FEE OR SERVICE CHARGE (A) TO DECLINE THE PERMIS-
SION OF HIS OR HER WATER-WORKS CORPORATION 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 CUSTOMER'S CONSENT.
  4.  A WATER-WORKS 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
WATER-WORKS 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.
  5.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
THIS SECTION, IN THE CASE OF A MULTIPLE DWELLING, AS DEFINED IN SUBDIVI-
SION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW,  A  CONDOMINIUM

A. 9931                             4

OR  COOPERATIVE, A WATER-WORKS CORPORATION SHALL NOT INSTALL ONE OR MORE
TWO-WAY SMART METERS IN SUCH A STRUCTURE WHERE SUCH TYPE OF METERS  HAVE
NOT  BEEN PREVIOUSLY UTILIZED (A) UNLESS IT SHALL PROVIDE WRITTEN NOTICE
TO EACH CUSTOMER OF RECORD NO LESS THAN ONE HUNDRED EIGHTY DAYS PRIOR TO
THE SCHEDULED INSTALLATION OF SUCH METERS AND (B) WHERE MORE THAN THIRTY
PERCENT  OF  THE CUSTOMERS OF RECORD RESIDING IN SUCH A STRUCTURE AT THE
TIME OF THE NOTICE DECLINE TWO-WAY SMART METER INSTALLATION WITHIN NINE-
TY DAYS OF THE NOTICE PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  6. THE NOTICE REQUIRED PURSUANT TO SUBDIVISION FIVE  OF  THIS  SECTION
SHALL  INFORM  EACH  CUSTOMER OF RECORD OF HIS OR HER WATER-WORKS CORPO-
RATION'S TWO-WAY SMART METER INSTALLATION PLAN FOR  SUCH  STRUCTURE  AND
PROVIDE  INSTRUCTIONS  ON  HOW  A CUSTOMER MAY DECLINE INSTALLATION. THE
WATER-WORKS CORPORATION SHALL MAINTAIN A  RECORD  OF  ALL  RESPONSES  IT
RECEIVES FOR A PERIOD OF NO LESS THAN THREE YEARS.
  S 3. This act shall take effect immediately.