Tuesday, April 2, 2019

SENATE DOCKET, NO. 77 FILED ON: 1/7/2019SENATE . . . . . . . . . . . . . . No. 1988The Commonwealth of Massachusetts_


1 of 5SENATE DOCKET, NO. 77 FILED ON: 1/7/2019SENATE . . . . . . . . . . . . . . No. 1988The Commonwealth of Massachusetts_________________PRESENTED BY:Michael O. Moore_________________To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in GeneralCourt 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._______________PETITION OF:NAME:DISTRICT/ADDRESS:Michael O. MooreSecond WorcesterDiana DiZoglioFirst Essex1/23/2019Kate Hogan3rd Middlesex1/29/2019Dean A. TranWorcester and Middlesex1/30/2019Carlos González10th Hampden2/1/2019Bruce E. TarrFirst Essex and Middlesex2/1/2019Mindy Domb3rd Hampshire2/1/2019Bradford Hill4th Essex2/1/2019Linda Dean Campbell15th Essex2/6/2019Joanne M. ComerfordHampshire, Franklin and Worcester2/6/2019Marjorie C. Decker25th Middlesex2/25/2019David Henry Argosky LeBoeuf17th Worcester3/29/20192 of 5SENATE DOCKET, NO. 77 FILED ON: 1/7/2019SENATE . . . . . . . . . . . . . . No. 1988By Mr. Moore, a petition (accompanied by bill, Senate, No. 1988) of Michael O. Moore, Diana DiZoglio, Kate Hogan, Dean A. Tran and other members of the General Court for legislation relative to utility meters and the rights of utility ratepayers. Telecommunications, Utilities andEnergy.[SIMILAR MATTER FILED IN PREVIOUS SESSIONSEE SENATE, NO. 1864OF 2017-2018.]The Commonwealth of Massachusetts_______________In the One Hundred and Ninety-First General Court(2019-2020)_______________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 authorityof the same, as follows:1SECTION 1. Chapter 164 of the General Laws is hereby amended by inserting after 2section 116B the following section:- 3SECTION 116C: Smart/wireless utility meter information 4a) As used in this section, the following terms shall have the following meanings:5(1) “Electromechanical analog meter”, means a purely electric and mechanical device,6using no electronic components, no switch mode power supply, no transmitter, no antenna, and 7no radio frequency emissions.3 of 58(2) “Utility company”, shall mean an electric, gas, or water company, or town or city-9owned utility or other utility provider.10(3) “Wireless meter” shall mean: Any transmitting metering device with electronic 11components and/or any electric or battery operated meter that is capable of measuring, recording, 12and sending data by means of a wireless signal from a utility consumer or member to a utility13company, municipality, or cooperative association in a manner utilizing one-way 14communication, two-way communication, or a combination of one-way and two-way15communication either through the meter itself or through a device ancillary to the meter. 16Common names include, but are not limited to, AMR, ERT, smart, AMI, and Comprehensive 17Advanced Metering Plan CAMP.18(4) “Equivalent technology” shall mean utility infrastructure that communicates data 19using wireless frequencies, but which may be undisclosed due to proprietary rights.20b) The department of public utilities shall direct utility companies to provide ratepayers 21the following:22(1) a choice of the type of utility meters to be installed and operated on their places of 23residence, property or business; among the choices offered shall be the installation and ongoing 24operation of an "electromechanical analog meter"; and 25(2) the ability to retain and operate an “electromechanical analog meter” on an ongoing26basis at no cost; and27(3) the right to replacement of a wireless meter with a non-transmitting electromechanical 28meter at no cost.4 of 529c) The utility companies shall be required to obtain the ratepayer’s written consent:30(1) before installing wireless meters or "equivalent technology" on the ratepayer’s 31property and 32(2) before altering the functionality of said meters.33d) The utility companies shall provide written notice to ratepayers within 90 days of the 34effective date of this act for the purpose of informing said ratepayers if wireless meters have35been installed on their properties. Ratepayers shall have the right to request that the utility36companies remove said wireless meters and install in their place electromechanical analog 37meters that emit no radiofrequency electromagnetic radiation. There shall be no cost or other 38periodic usage charges to the ratepayer for such removal, replacement installation, and use of a 39non-wireless utility meter. The utility company shall promptly comply with such removal and 40replacement installation request made by the ratepayer to said company.41e) Utility companies are:42(1) prohibited from shutting off service to a ratepayer based on the ratepayer’s utility43usage or on the ratepayer having electromechanical analog meters;44(2) prohibited from imposing any disincentive on a ratepayer for not consenting to the 45installation or use of wireless meters;46(3) required to notify ratepayers in writing that the installation and use of wireless meters 47are not mandated by state or federal law and are not permitted without the ratepayer’s consent;48(4) prohibited from discriminating against ratepayers who may have medical conditions 49that are exacerbated by exposures to pulsed microwave radio frequencies; and5 of 550(5) prohibited from installing "equivalent technology", such as direct wireless connection 51to devices in the home or business, on poles or in any other manner near the home or business of 52an individual requesting a non-transmitting meter.53f) The department of public utilities shall establish terms and conditions to comply with 54the requirements of this section.55g) This section shall take effect upon its passage.


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