S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5632--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 9, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the  general  business  law,  in  relation  to  consumer
   protection and utility meter choice
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 349-g to read as follows:
   § 349-G. CONSUMER PROTECTION AND UTILITY METER CHOICE. 1. FOR PURPOSES
 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ANALOG UTILITY METER" SHALL MEAN A NEW YORK STATE PUBLIC  SERVICE
 COMMISSION  APPROVED  ELECTRO-MECHANICAL  UTILITY  METER THAT MEASURES A
 UTILITY CONSUMER'S ELECTRIC, WATER OR GAS USAGE AND DOES NOT CONTAIN  OR
 UTILIZE  ELECTRONIC  COMPONENTS OR SWITCH MODE POWER SUPPLY AND DOES NOT
 EXTRACT, STORE, OR TRANSMIT PRIVATE UTILITY USAGE DATA OR RADIOFREQUENCY
 RADIATION.
   (B) "DIGITAL UTILITY METER" SHALL MEAN A NEW YORK STATE PUBLIC SERVICE
 COMMISSION APPROVED,  RADIOFREQUENCY  TRANSMITTING  OR  NON-TRANSMITTING
 UTILITY  METER  THAT  UTILIZES  ELECTRONIC COMPONENTS, INCLUDING BUT NOT
 LIMITED TO, SWITCH MODE POWER SUPPLY, ANTENNAS AND BATTERIES,  TO  MEAS-
 URE, EXTRACT, STORE AND/OR TRANSMIT ELECTRIC, WATER OR GAS USAGE.
   (C)  "CONSUMER"  SHALL  MEAN  THE END-USER OF UTILITY SERVICES FROM AN
 ELECTRIC  CORPORATION,  WATER-WORKS  CORPORATION  OR  GAS   CORPORATION,
 INCLUDING  TENANTS IN AND OWNERS OF PUBLIC AND PRIVATELY-OWNED BUILDINGS
 AND PREMISES.
   2. FOR THE PROTECTION OF CONSUMER HEALTH, SAFETY AND/OR PRIVACY NEEDS,
 IT SHALL BE THE RIGHT OF EVERY  CONSUMER  OF  AN  ELECTRIC  CORPORATION,
 WATER-WORKS  CORPORATION  OR  GAS  CORPORATION,  AT  NO  PENALTY, FEE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09933-03-4
              

 S. 5632--A                          2
 
 SERVICE CHARGE, TO DECLINE PERMISSION  TO  THEIR  ELECTRIC  CORPORATION,
 WATER-WORKS CORPORATION OR GAS CORPORATION:
   (A)  TO  REPLACE  AN  EXISTING ANALOG UTILITY METER AT SUCH CONSUMER'S
 PREMISES THAT IS ASSIGNED TO SUCH  CONSUMER'S  ACCOUNT  WITH  A  DIGITAL
 UTILITY METER; OR
   (B)  TO INSTALL A DIGITAL UTILITY METER AT THEIR PROPERTY WITHOUT SUCH
 CONSUMER'S CONSENT.
   3. FOR THE PROTECTION OF CONSUMER HEALTH, SAFETY AND/OR PRIVACY NEEDS,
 IT SHALL BE THE RIGHT OF EVERY  CONSUMER  OF  AN  ELECTRIC  CORPORATION,
 WATER-WORKS  CORPORATION  OR  GAS  CORPORATION,  AT  NO  PENALTY, FEE OR
 SERVICE CHARGE,  TO  REQUIRE  THEIR  ELECTRIC  CORPORATION,  WATER-WORKS
 CORPORATION  OR  GAS  CORPORATION TO REPLACE AN EXISTING DIGITAL UTILITY
 METER AT SUCH CONSUMER'S PREMISES THAT IS ASSIGNED  TO  SUCH  CONSUMER'S
 ACCOUNT WITH AN ANALOG UTILITY METER.
   4. AN ELECTRIC CORPORATION, WATER-WORKS CORPORATION OR GAS CORPORATION
 MAY NOT INSTALL A DIGITAL UTILITY METER ON A CONSUMER'S PREMISES THAT IS
 ASSIGNED  TO SUCH CONSUMER'S ACCOUNT UNLESS IT FIRST SHALL PROVIDE WRIT-
 TEN NOTICE TO THE CONSUMER NO LESS THAN NINETY DAYS PRIOR TO THE  SCHED-
 ULED  INSTALLATION  OF  SUCH  METER,  SO  THAT SUCH CONSUMER MAY DECLINE
 PERMISSION FOR SUCH INSTALLATION. SUCH NOTICE SHALL PROVIDE THAT:
   (A) THE CONSUMER SHALL HAVE THE RIGHT TO DECLINE PERMISSION FOR  THEIR
 ELECTRIC  CORPORATION,  WATER-WORKS CORPORATION OR GAS CORPORATION, FROM
 INSTALLING A DIGITAL UTILITY METER  WITH  NO  FEE,  PENALTY  OR  SERVICE
 CHARGE; AND
   (B)  THE CONSUMER MAY, AT ANY POINT IN TIME FOLLOWING THE INSTALLATION
 OF A DIGITAL UTILITY METER, REQUIRE THE REMOVAL OF SUCH DEVICE  AND  ITS
 REPLACEMENT  WITH  AN  ANALOG  UTILITY  METER,  WITH  NO FEE, PENALTY OR
 SERVICE CHARGE; AND
   (C) AN ELECTRIC CORPORATION, WATER-WORKS  CORPORATION  OR  GAS  CORPO-
 RATION  MUST COMPLY WITH SUCH CONSUMER'S INSTRUCTIONS WITHIN TEN DAYS OF
 RECEIPT, IF THE CONSUMER INFORMS SUCH ELECTRIC CORPORATION,  WATER-WORKS
 CORPORATION  OR  GAS CORPORATION, IN WRITING, THAT SUCH CONSUMER SUFFERS
 FROM ELECTROMAGNETIC SENSITIVITY AND THAT THE TRANSMITTED AND UNINTENDED
 RADIOFREQUENCY RADIATION FROM  BOTH  TRANSMITTING  AND  NON-TRANSMITTING
 DIGITAL  UTILITY METERS POSES A HEALTH THREAT TO SUCH CONSUMER OR WITHIN
 THIRTY DAYS OF RECEIPT IN ALL OTHER CASES.
   5. FOR BUILDINGS AND PROPERTIES HAVING  MULTIPLE  UNITS  AND  MULTIPLE
 CONSUMERS OF ELECTRIC, WATER AND/OR GAS SERVICES, ELECTRIC CORPORATIONS,
 WATER-WORKS  CORPORATIONS, OR GAS CORPORATIONS, IN COMPLYING WITH SUBDI-
 VISION FOUR OF THIS SECTION:
   (A) MAY NOT INSTALL OR UPGRADE ANY DIGITAL UTILITY METERS  AT  SUCH  A
 BUILDING OR PROPERTY, IF FIFTY PERCENT OR MORE OF SUCH CONSUMERS DECLINE
 PERMISSION FOR SUCH INSTALLATION; AND
   (B)  SHALL  REMOVE  A  DIGITAL  UTILITY METER ASSIGNED TO A CONSUMER'S
 ACCOUNT AND REPLACE WITH AN ANALOG METER WHEN REQUESTED BY SUCH CONSUMER
 IN COMPLIANCE WITH SUBDIVISION FOUR OF THIS SECTION.
   6. THE ELECTRIC CORPORATION, WATER-WORKS CORPORATION AND/OR GAS CORPO-
 RATION SHALL MAINTAIN A RECORD FOR A PERIOD OF NO LESS THAN THREE  YEARS
 OF  ALL  RESPONSES  IT  RECEIVES  TO  REQUESTS FOR PERMISSION TO INSTALL
 DIGITAL UTILITY METERS OR FOR THE REMOVAL AND  REPLACEMENT  WITH  ANALOG
 UTILITY METERS OF PREVIOUSLY INSTALLED DIGITAL METERS.
   7.  THE PUBLIC SERVICE COMMISSION SHALL PRESCRIBE SUCH RULES AND REGU-
 LATIONS TO EFFECTUATE THE PROVISIONS OF THIS  SECTION  AS  IT  MAY  DEEM
 NECESSARY.
   § 2. This act shall take effect immediately.