S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5752
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 23, 2023
                                ___________
 
 Introduced by M. of A. SOLAGES, DARLING, RA -- read once and referred to
   the Committee on Energy
 
 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:
   §  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:
 (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03896-01-3
 A. 5752                             2
              

 
 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.
   § 2. This act shall take effect immediately.