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04/23/2024 02:44 PM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20210&cosponId=36492
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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: November 9, 2021 04:13 PM
From: Representative Eric R. Nelson and Rep. Brett R. Miller
To: All House members
Subject: Smart Meter Opt-Out
 
In the near future, we intend on introducing legislation that will provide consumers the ability to opt-out of smart meter installation on their homes.  Act 129 of 2008 arguably requires that electric distribution companies furnish smart meter technology to their customers. This issue has been halfway addressed in Commonwealth Court under Povacz decision (Povacz v Pa PUC, 241 A.3d 481) that Act 129 did not mandate smart meter installation and that consumers could request to opt-out. While Povacz has certainly created controversy, the current state of turmoil benefits neither electric consumers nor distribution companies
 
Based on the current state of confusion with smart meters, our legislation would achieve two important goals. It would provide certainty to consumers in their ability to opt-out and it would provide clarity in how the resulting costs would be recovered. Our bill will make clear that smart meters are not mandated, and consumers have a choice to opt-in or opt out. If they wish to opt-out of such technology, they may reach out to their respective utility and request an electromechanical analog meter be installed instead. Such costs incurred in doing this will be borne by the customer opting out.
 
This bill, while slightly different, is patterned after HB 313 sponsored by former Representative Mike Reese. Cosponsors of that bill included: REESE, BOBACK, V. BROWN, DOWLING, DUNBAR, EMRICK, GABLER, GILLEN, GROVE, PHILLIPS-HILL, JAMES, KAUFFMAN, LAWRENCE, MARSHALL, METCALFE, B. MILLER, ORTITAY, PICKETT, SACCONE, STAATS, WALSH, WARNER, DIAMOND, WENTLING, GAINEY, COX and JOZWIAK.
 

Please join us in cosponsoring this important consumer protection legislation.
 



Introduced as HB2260