CHAPTER 150
SB 266-FN – FINAL VERSION
03/21/12 1263s
2012 SESSION
09/03
SENATE BILL 266-FN
AN ACT prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
SPONSORS: Sen. Forsythe, Dist 4; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bradley, Dist 3; Sen. Forrester, Dist 2; Sen. Gallus, Dist 1; Sen. Lambert, Dist 13; Sen. White, Dist 9; Rep. Manuse, Rock 5; Rep. Giuda, Merr 7; Rep. Kurk, Hills 7; Rep. Baldasaro, Rock 3; Rep. Comerford, Rock 9
COMMITTEE: Energy and Natural Resources
This bill prohibits electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/12 1263s
12-2999
09/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT prohibiting electric utilities from installing and maintaining smart meter gateway devices without the residential or business property owner’s consent.
Be it Enacted by the Senate and House of Representatives in General Court convened:
150:1 New Subdivision; Smart Meter Gateway Devices. Amend RSA 374 by inserting after section 61 the following new subdivision:
374:62 Property Owner’s Consent Required for Smart Meter Gateway Devices.
I. In this subdivision:
(a) “Smart meter gateway device” means any electric utility meter, electric utility meter component, electric utility load control device, or device ancillary to the electric utility meter, which is located at an end-user’s residence or business, and which serves as a communications gateway or portal to electrical appliances, electrical equipment, or electrical devices within the end-user’s residence or business, or which otherwise communicates with, monitors, or controls such electrical appliances, electrical equipment, or electrical devices.
(b) “Electric utility” means any public utility, as defined in RSA 362:2, which is engaged in the sale or distribution of electricity ultimately sold to the public, any rural electric cooperative, without regard to whether a certificate of regulation or deregulation is on file with the public utilities commission, and any municipal electric system operating pursuant to RSA 38 within or outside its municipal boundaries.
II.(a) No electric utility that sells or provides electricity within the state of New Hampshire shall install a smart meter gateway device on or in a person’s home or business without the written consent of the person or persons who own the home or business.
(b) An electric utility selling or providing electricity shall create a form that the person or persons who own the home or business must sign to opt-in to having a smart meter gateway device installed on or in his or her home or business. The form shall, in at least 12-point boldface type, state that:
(1) The opt-in is optional and one’s service will not be affected if one elects not to opt-in; and
(2) The device is a “smart meter gateway device,” and provide the definition in subparagraph I(a).
III. When an electric utility enrolls a homeowner or business owner for electrical service at his or her home or business, the electric utility shall disclose in writing whether a smart meter gateway device has been installed, and shall remove, or allow to be removed, all smart meter gateway devices upon written request of the homeowner or business owner.
150:2 Effective Date. This act shall take effect upon its passage.
Approved: June 7, 2012
Effective Date: June 7, 2012