NY State Senate Bill 2023-S404

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to energy and telecommunications
Jan 04, 2023	referred to energy and telecommunications

2023-S404 (ACTIVE) - Details

See Assembly Version of this Bill:: A6300
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Add §67-b, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9091
2013-2014: A1857
2015-2016: A4354, A5354
2017-2018: S7214, A3066
2019-2020: S1618, A3919
2021-2022: S3030

2023-S404 (ACTIVE) - Summary

Relates to advanced metering infrastructure devices for residential services.

2023-S404 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S404

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law, in relation to advanced metering
infrastructure devices for residential services

 
PURPOSE:

To restrict the use of advanced metering infrastructure devices by elec-
tric and gas corporations.

 
SUMMARY OF PROVISIONS:

Section 1 creates E 67-b of the Public Service Law (PSL) which would:

- prohibit the Public Service Commission (PSC) from allowing the instal-
lation of any advanced metering infrastructure (MI) devices by an elec-
tric and/or corporation unless they meet specific standards; provide
definitions of one-way smart meter and two-way smart meter; require
utilities to provide notice to customers before installation of a two-

way smart meter; allow a customer of record the right to opt-out of the
installation of a two-way smart meter on their premises

Section 2 provides the effective date.

 
JUSTIFICATION:

Advanced metering infrastructure, specifically two-way smart meters, are
an advancement in technology that allows utility companies to track a
customer's electricity consumption remotely, eliminating the need to
dispatch meter reading personnel to a customer's premises. Two-way
meters are intended to give consumers information about their consump-
tion and educate owners on their usage.  Nevertheless, there is a.
public sentiment that this information has the potential to expose
private information about homeowners and their sche- dules. Many believe
that two-way smart meters are vulnerable to security breaches including
hacking into, similar to criminals accessing credit card information
through hacking into unsecured networks. Consumers have expressed
concern that the information collected by a two-way smart meter has the
potential to give criminals a schedule for when a house is most likely
empty.

It is important to ensure that the homeowner's light to privacy is not
infringed upon.

In response to consumers concerns, over the past year, the Public Utili-
ties Commissions of California, Maine, and Nevada have all issued orders
that allow customers to opt out of smart meters. This legislation
provides that all one-way and two-way smart meters installed by electric
and/or gas corporations approved by the PSC meet consumer privacy and
public health standards.

 
LEGISLATIVE HISTORY:

2019/20: S1618 - REFERRED TO ENERGY AND TELECOMMUNICATIONS

2017/18: S7214 - Referred to Energy & Telecom
2016: A3066- Referred to Energy

 
FISCAL IMPLICATIONS:

Likely cost to Department of Public Service (DPS).

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S404 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    404
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02362-01-3
 S. 404                              2
 
 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.
   § 2. This act shall take effect immediately.

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Senate Bill S404

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S404 (ACTIVE) - Details

2023-S404 (ACTIVE) - Summary

2023-S404 (ACTIVE) - Sponsor Memo

2023-S404 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S404

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S404 (ACTIVE) - Details

2023-S404 (ACTIVE) - Summary

2023-S404 (ACTIVE) - Sponsor Memo

2023-S404 (ACTIVE) - Bill Text download pdf

Comments