Amendment ID: S3143-6
Amendment 6
Smart-meter opt out
Messrs. Moore and Mark move that the proposed new text be amended by inserting after section __ the following section:-
SECTION __. Section 116C of Chapter 164 of the General Laws, as inserted by Section 79 of Chapter 239 of the Acts of 2024, is hereby amended by striking subsection (c) and inserting in place thereof the following subsection:-
Section 116C: Smart/wireless utility meter information.
a) As used in this section, the following terms shall have the following meanings:
(1) “Electromechanical analog meter”, means a purely electric and mechanical device, using no electronic components, no switch mode power supply, no transmitter, no antenna, and no radio frequency emissions.
(2) “Utility company”, shall mean an electric or gas company, or town or city owned utility, or other utility provider.
(3) “Wireless meter” shall mean: Any transmitting metering device with electronic components and/or any electric or battery operated meter that is capable of measuring, recording, and sending data by means of a wireless signal from a utility consumer or member to a utility company, municipality, or cooperative association in a manner utilizing one-way communication, two-way communication, or a combination of one-way and two-way communication either through the meter itself or through a device ancillary to the meter. Common names include, but are not limited to, AMR, ERT, smart, advanced metering infrastructure (AMI), and comprehensive advanced metering plan (CAMP) meter.
(4) “Equivalent technology” shall mean utility infrastructure that communicates data using wireless frequencies, but which may be undisclosed due to proprietary rights.
b) Utility customers may opt out of inclusion in the implementation of advanced metering infrastructure with notice to the distribution company. Upon receiving such notice, the distribution company shall remove the customer from the implementation plan and notify the department of the customer’s decision to opt out of such implementation plan in a manner determined by the department.
c) The department of public utilities shall direct utility companies to provide the following to ratepayers who opt out of inclusion in the implementation of advanced metering infrastructure:
(1) a choice of the type of utility meters to be installed and operated on their places of residence, property or business; among the choices offered shall be the installation and ongoing operation of an "electromechanical analog meter"; and
(2) the ability to retain and operate an “electromechanical analog meter” on an ongoing basis at no cost; and
(3) the right to replacement of a wireless meter with a non-transmitting electromechanical meter at no cost.
d) The utility companies 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 meters or “equivalent technology” has been installed on their properties. Ratepayers shall have the right to request that the utility companies remove said wireless meters or “equivalent technology” and install in their place electromechanical analog meters that emit no radiofrequency electromagnetic radiation. There shall be no cost or other periodic usage charges to the ratepayer for such removal, replacement installation, and use of a non-wireless utility meter. 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 ratepayer’s utility usage or on the ratepayer having electromechanical analog meters;
(2) prohibited from imposing any disincentive on a ratepayer for not consenting to the installation or use of wireless meters;
(3) required to notify ratepayers in writing that the installation and use of wireless meters are not mandated by state or federal law and are not permitted if the ratepayer chooses to opt out of inclusion in the implementation of advanced metering infrastructure;
(4) prohibited from discriminating against ratepayers who may have medical conditions that are exacerbated by exposures to pulsed microwave radio frequencies;
(5) prohibited from installing "equivalent technology", such as direct wireless connection to devices in the home or business, on poles or in any other manner near the home or business of an individual requesting a non-transmitting meter; and
(6) prohibited from altering the functionality of existing utility meters without providing 90 days’ notice to ratepayers and without providing an opportunity for ratepayers to opt out of said altered functionality.
f) The department of public utilities shall establish terms and conditions to comply with the requirements of this section.
g) This section shall take effect on November 1, 2026.