BILL NUMBER: S5632A
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the general business law, in relation to consumer
protection and utility meter choice
 
PURPOSE:
Relates to consumer protection and utility meter choice.
 
SUMMARY OF PROVISIONS:
Section 1 amends the general business law by adding a new section to
provide the right of every consumer of an electric or gas corporation,
at no penalty, fee, or service charge, to decline permission to their
electric corporation or gas corporation:
(a) to replace an existing analog utility meter that is assigned to such
a consumer's account with a digital utility meter; or
(b) to install a digital utility meter at their property with-out such
consumer's consent. Such a consumer shall have the right to decline
permission for their electric corporation, gas corporation, or water-
works corporation from installing a digital utility meter with no fee,
penalty, or service charge; and, at any point in time following the
installation of a digital utility meter, the consumer may require the
removal of such a device to be replaced with an analog utility meter.
Electric, gas, and waterworks corporations must comply with such consum-
er's instructions within ten days of receipt of a written notice that
such consumer suffers from electromagnetic sensitivity and that the
transmitted and unintended radiofrequency radiation from both transmit-
ting and non-transmitting digital utility meters poses a health threat
to such consumer or within thirty days of receipt in all other cases.
Electric, gas, and waterworks corporations may not install a digital
utility meter at such a multi-unit building or property, if fifty
percent or more of such consumers decline permission for such installa-
tion.
Additionally, this section provides the public service commission with
the jurisdiction to prescribe such rules and regulations to effectuate
this section as it may deem necessary.
Section 2 states the effective date.
 
JUSTIFICATION:
Currently, New York does not allow for a state-wide opt-out program in
regards to digital utility meters (smart meters). Nationwide, six states
including California have allowed utility consumers the option to opt-
out of switching to smart meters, favoring those who prefer analog
meters. This bill will afford utility customers the freedom of decision
on whether or not they would like to decline or opt-out of a digital
utility meter, or "smart meter", and remain with an analog meter in its
place.
 
LEGISLATIVE HISTORY: 2021-2022: S8765/10555 - Died in Consumer
Protection/ Died in Consumer Affairs and Protection
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.