S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6936

                                   I N  S E N A T E

                                    April 13, 2012
                                      ___________

       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations

       AN ACT to amend the energy law, in relation to the installation of smart
         or advanced meters

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The energy law is amended by adding a  new  article  23  to
    2  read as follows:
    3                                 ARTICLE 23
    4                             RESIDENTIAL ENERGY
    5  SECTION 23-101. DEFINITIONS.
    6          23-102. SMART OR ADVANCED METERS.
    7    S 23-101. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
    8  WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
    9    1.  "MASTER  METER."  A METER THAT MEASURES ENERGY USAGE IN A BUILDING
   10  OCCUPIED BY MORE THAN ONE TENANT USING A COMMON UTILITY METER.
   11    2. "SMART METER" OR "ADVANCED METER." A METERING DEVICE THAT  HAS  THE
   12  FOLLOWING CAPABILITIES:
   13    (A)  IS  COUPLED  WITH AN IN-HOME DISPLAY DEVICE THAT CAN DISPLAY REAL
   14  TIME USAGE OR DEMAND AND REAL TIME PRICING IN USEFUL COMPARISONS INCLUD-
   15  ING, BUT NOT LIMITED TO, MEANS SUCH AS SIDE BY SIDE BAR GRAPHS OR  COLOR
   16  CODED SYSTEMS THAT REFLECT CHANGING UTILITY DEMAND AND PRICING;
   17    (B)  RECORDS,  STORES  AND  INTERPRETS KILOWATT PER HOUR USER RATES IN
   18  ONE-HALF HOUR INTERVALS;
   19    (C) COMMUNICATES REAL TIME PRICING THRESHOLDS TO  HOME  APPLIANCES  TO
   20  REDUCE  APPLIANCE  USAGE AS DETERMINED BY THE RATEPAYER OR IN AGREEMENTS
   21  WITH AN ENERGY PROVIDER;
   22    (D) READS REMOTELY OR  RECEIVES  DATA  FROM  A  COMMUNICATION  SYSTEM,
   23  INCLUDING,  BUT NOT LIMITED TO, THE INTERNET, WIRELESS FIDELITY NETWORK,
   24  BROADBAND OVER POWER LINE, POWER LINE  CARRIER,  ETHERNET,  PHONE  LINE,
   25  WIRELESS CELL PHONE LINE OR RADIO FREQUENCY;
   26    (E) STORES USAGE DATA UP TO THREE MONTHS;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01558-01-1

S. 6936 2 1 (F) DETECTS A LOSS OF POWER TO A CUSTOMER WITH IMMEDIATE COMMUNICATION 2 OF SUCH LOSS TO THE ENERGY PROVIDER; AND 3 (G) PROVIDES ANALYSIS ON DATA SUCH AS HISTORICAL CONSUMPTION PATTERNS, 4 UTILIZATION RATES, POWER OUTAGES, PEAK DEMAND TIMES AND POWER REQUIRE- 5 MENTS, COSTS PER KILOWATT HOUR, PRICING, AND USAGE HISTORY. 6 S 23-102. SMART OR ADVANCED METERS. 1. TENANTS OF RESIDENTIAL RENTAL 7 BUILDINGS MAY REQUEST THAT A SMART OR ADVANCED METER BE INSTALLED IN 8 CASES WHERE THE BUILDING THEY OCCUPY IS BEING CONVERTED FROM A MASTER 9 METER TO AN ELECTRIC OR GAS METER THAT MEASURES USAGE OF ANY END-USE 10 CUSTOMER OF ELECTRICITY OR GAS SERVICES. 11 2. WHERE A TENANT REQUESTS TO HAVE A SMART OR ADVANCED METER INSTALLED 12 AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, THE LANDLORD/OWNER SHALL 13 INSTALL SUCH METER AND THE TENANT SHALL BEAR ANY COSTS ASSOCIATED WITH 14 THE PURCHASE AND INSTALLATION OF THE ADVANCED OR SMART METER THAT ARE IN 15 EXCESS OF COSTS ASSOCIATED WITH THE PURCHASE AND INSTALLATION OF THE 16 ELECTRIC OR GAS METER ORIGINALLY PROPOSED TO BE USED IN THE CONVERSION 17 FROM THE MASTER METER. 18 S 2. This act shall take effect immediately.