BILL NUMBER: S6795
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 thirty days of receipt of a written notice that
such consumer requests to opt-out of the smart meter contract agreement.
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, seven
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:
2023-2024: S532A/A9148 - Died in Consumer Protection/Died in Energy
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.