A10555 Summary:

BILL NOA10555
 
SAME ASSAME AS S08765
 
SPONSORRules (Abinanti)
 
COSPNSR
 
MLTSPNSR
 
Add §349-g, Gen Bus L
 
Relates to consumer protection and utility meter choice.
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A10555 Actions:

BILL NOA10555
 
07/06/2022referred to consumer affairs and protection
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A10555 Committee Votes:

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A10555 Floor Votes:

There are no votes for this bill in this legislative session.
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A10555 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10555
 
                   IN ASSEMBLY
 
                                      July 6, 2022
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abinanti) --
          read  once  and  referred  to  the  Committee  on Consumer Affairs and
          Protection
 
        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:

     1    Section 1. The general business law is amended by adding a new section
     2  349-g to read as follows:
     3    § 349-g. Consumer protection and utility meter choice. 1. For purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "Analog utility meter" shall mean a New York state public  service
     6  commission  approved  electro-mechanical  utility  meter that measures a
     7  utility consumer's electric or gas usage and does not contain or utilize
     8  electronic components or switch mode power supply and does not  extract,
     9  store,  or  transmit  private utility usage data or radiofrequency radi-
    10  ation.
    11    (b) "Digital utility meter" shall mean a New York state public service
    12  commission approved,  radiofrequency  transmitting  or  non-transmitting
    13  utility  meter  that  utilizes  electronic components, including but not
    14  limited to, switch mode power supply, antennas and batteries,  to  meas-
    15  ure, extract, store and/or transmit electric or gas usage.
    16    2. For the protection of consumer health, safety and/or privacy needs,
    17  it  shall  be  the right of every consumer of an electric corporation or
    18  gas corporation, at no  penalty,  fee  or  service  charge,  to  decline
    19  permission to their electric corporation or gas corporation:
    20    (a)  to  replace  an  existing analog utility meter at such consumer's
    21  premises that is assigned to such  consumer's  account  with  a  digital
    22  utility meter; or
    23    (b)  to install a digital utility meter at their property without such
    24  consumer's consent.
    25    3. For the protection of consumer health, safety and/or privacy needs,
    26  it shall be the right of every consumer of an  electric  corporation  or
    27  gas  corporation, at no penalty, fee or service charge, to require their
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14602-03-2

        A. 10555                            2
 
     1  electric corporation or gas corporation to replace an  existing  digital
     2  utility  meter  at  such  consumer's  premises  that is assigned to such
     3  consumer's account with an analog utility meter.
     4    4.  An  electric  corporation  or  gas  corporation  may not install a
     5  digital utility meter on a consumer's premises that is assigned to  such
     6  consumer's  account  unless it first shall provide written notice to the
     7  consumer no less than ninety days prior to the scheduled installation of
     8  such meter, so that  such  consumer  may  decline  permission  for  such
     9  installation. Such notice shall provide that:
    10    (a)  the consumer shall have the right to decline permission for their
    11  electric corporation or gas corporation, from installing a digital util-
    12  ity meter with no fee, penalty or service charge; and
    13    (b) the consumer may, at any point in time following the  installation
    14  of  a  digital utility meter, require the removal of such device and its
    15  replacement with an analog  utility  meter,  with  no  fee,  penalty  or
    16  service charge; and
    17    (c)  an  electric corporation or gas corporation must comply with such
    18  consumer's instructions within ten days  of  receipt,  if  the  consumer
    19  informs  such  electric corporation or gas corporation, in writing, that
    20  such consumer suffers from  electromagnetic  sensitivity  and  that  the
    21  transmitted  and unintended radiofrequency radiation from both transmit-
    22  ting and non-transmitting digital utility meters poses a  health  threat
    23  to such consumer or within thirty days of receipt in all other cases.
    24    5.  The public service commission shall prescribe such rules and regu-
    25  lations to effectuate the provisions of this  section  as  it  may  deem
    26  necessary.
    27    § 2. This act shall take effect immediately.
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