Share:
House Co-Sponsorship Memoranda
House of Representatives
Session of 2023 - 2024
Regular Session
MEMORANDUM
| Posted: | December 21, 2022 03:55 PM |
|---|---|
| From: | Representative Brett R. Miller and Rep. Eric R. Nelson |
| To: | All House members |
| Subject: | Smart Meter Opt-Out |
| In the near future, we intend to re-introduce legislation (HB 2260 of 2021-22) that will provide consumers a meaningful 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 Pa.Cmwlth. 2020) that Act 129 did not mandate smart meter installation and that consumers could request to opt-out of such devices. This decision was effectively overturned by the PA Supreme Court (Povacz v. Pennsylvania Public Utility Commission, No. 34 MAP 2021) in August of 2022. While the Supreme Court decided that an option to opt-out exists, the burden of proof to invoke such a right is nearly insurmountable. Based on the current state of the law, as interpreted by our Supreme Court, our legislation would achieve two important goals. It would provide certainty to consumers in their ability to opt-out and it would provide clarity on how the resulting costs would be recovered. Our bill will make clear that smart meters are not mandated, and consumers have a choice over whether or not to utilize these devices. If consumers wish to opt-out of such technology, they may reach out to their respective utility and request an electromechanical analog meter be installed instead. Costs incurred in doing this will be borne by the customer opting out. Co-Sponsors from last session include: E. NELSON, B. MILLER, PICKETT, WENTLING, RYAN, JOZWIAK, KAUFFMAN, GILLEN, COX, STAATS, R. BROWN, DeLUCA AND KEEFER. Please join us in cosponsoring this important consumer protection legislation. |
Introduced as HB1202