S T A T E O F N E W Y O R K
________________________________________________________________________
4388
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
___________
Introduced by M. of A. DenDEKKER, RA -- 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07927-01-9
A. 4388 2
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:
(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.
§ 2. The public service law is amended by adding a new section 89-q to
read as follows:
A. 4388 3
§ 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-
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.
A. 4388 4
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, 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.
§ 3. This act shall take effect immediately.