Pennsylvanians deserve the right to opt-out of a residential smart meter if they agree to pay the cost of an analog meter.  Currently, the option to seek an accommodation from the electric service provider and the PUC is nearly insurmountable. In the near future we intend to re-introduce legislation (HB 1202 of 2023-24) that will provide consumers with a meaningful ability to opt-out of smart meter installation at their homes.

Based on the current state of the law, our legislation would achieve two important goals. It would provide certainty to consumers in their ability to opt-out, and it would provide clarity on how the resulting costs would be recovered. Our bill will make clear that smart meters are not mandated, and consumers have a choice over whether to utilize these devices. If consumers wish to opt-out of such technology, they may reach out to their respective utility and request an electromechanical analog meter be installed instead. Costs incurred in doing this will be borne by the customer opting out.

Act 129 of 2008 arguably requires that electric distribution companies furnish smart meter technology to their customers. This issue was addressed by the Commonwealth Court in Povacz v Pennsylvania Public Utility Commission, et. al, 241 A.3d 481 (Pa. Cmwlth. 2020) where the Court held that Act 129 did not mandate smart meter installation and that consumers could opt-out of such devices.  That decision was overturned by the PA Supreme Court in Povacz v. Pennsylvania Public Utility Commission et. al, 280 A.3d 975 (Pa. 2022) in August of 2022 holding that Act 129 does mandate smart meter installation, with a very limited exception for an individual to seek an accommodation. 

Co-Sponsors from last session include: B. Miller, E. Nelson, Rowe, Staats, Pickett, Kauffman, Keefer, Gillen, T. Jones, Lawrence, Wentling, Flood and Maloney.

Please join us in cosponsoring this important consumer protection legislation.

Statutes/Laws affected:
Printer's No. 1234: 66-2803