HOUSE DOCKET, NO. 3449        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2926

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas P. Conroy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to utilities, smart meters, and ratepayers’ rights.

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PETITION OF:

HOUSE DOCKET, NO. 3449        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2926

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to utilities, smart meters, and ratepayers’ rights.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 164 of The General Laws is hereby amended by inserting after section 116B the following section:

SECTION 116C: SMART METER INFORMATION

a) As used in this section, the following terms shall have the following meanings:

(1)“Electromechanical analog meter”, shall mean a meter with no wireless components and which does not emit radiofrequency electromagnetic radiation.

(2)“Utilities”, shall mean an electric, gas, or water company, or town or city-owned utility or other utility provider.

(3)“Wireless smart meter”, shall mean an advanced metering infrastructure (AMI) device using radio or other wireless means for two-way communication between the device and an electric, gas, or water company, an advanced meter reading device using radio or other wireless means for one-way communication between the device and a utility company, or any utility meter that emits wireless radiofrequency electromagnetic radiation; or requires a direct current with which to operate.

b) The department of public utilities shall direct utilities to provide to ratepayers the following:

(1)a choice of the type of utility meters to be installed and operated on their places of residence, property or business; and

(2)an ability to retain or restore by replacement meters that emit no radiofrequency electromagnetic radiation.

c) The utilities shall be required to obtain the ratepayer’s written consent before installing wireless smart meters on the ratepayer’s property.  Ratepayers shall be allowed to retain their electromechanical analog meters.

d)  The utilities shall provide written notice to ratepayers within 90 days of the effective date of this act for the purpose of informing said ratepayers if wireless smart meters have been installed on their properties.  Ratepayers shall have the right to request that the utility companies remove said wireless smart meters and the replacement installation of electromechanical analog meters that emit no radiofrequency electromagnetic radiation at no cost or other periodic usage charges to the ratepayer for such removal and replacement installation.  The utility company shall promptly comply with such removal and replacement installation request made by the ratepayer to said company.

e) Utility Companies are:

(1)prohibited from shutting off service to a ratepayer based on the amount of utility usage the ratepayer uses or the ratepayer having wireless smart meters;

(2)prohibited from imposing any disincentive on a ratepayer for not consenting to the installation or use of wireless smart meters; and

(3)required to notify ratepayers in writing that the installation and use of wireless smart meters are not mandated by state or federal law and are not permitted without the ratepayer’s consent.

f)The DPU shall establish terms and conditions to comply with the requirements of this section.

g) This section shall take effect upon its passage.