Summary — HB 1486 (North Dakota) — Smart Meter Installation and Unauthorized Metering
Status: Introduced Dec 2, 2024; Second reading — failed to pass (yeas 28, nays 60)
Sponsor(s): Rep. D. Johnston; Senators Clemens, Wobbema
Purpose
- To require explicit property‑owner consent and specific disclosures before a utility may install a “smart meter gateway device” at a home or business, and to add/clarify definitions and unauthorized‑metering language in chapter 49‑04.1 of the North Dakota Century Code.
Key provisions
- New/Amended Definitions (49‑04.1‑01 and new section):
- Adds a statutory definition of “smart meter gateway device”: an electronic device producing an external electronic signal that serves as an electric utility load‑control device, ancillary to the electric meter, and that either (a) serves as a communications gateway or portal to appliances/equipment/devices using electricity, water, or gas at the end user’s premises, or (b) otherwise communicates with such appliances/equipment/devices.
- Retains/clarifies existing terms such as “bypassing,” “tampering,” “unauthorized metering,” “utility,” “utility service,” and “utility supply system.”
Consent and disclosure requirements for installation:
- A utility may not install a smart meter gateway device on/in a residence or business unless it first provides a prescribed form that must be signed by the property owner.
- The required form must include, in at least 12‑point type:
- A statement that the owner may opt out of installation;
- A statement that opting out will not interrupt or hinder utility service; and
- A definition/description of what constitutes a smart meter gateway device (matching the new statutory definition).
Initial service disclosure and removal:
- When first providing service to a residence or business, the utility must disclose in writing whether a smart meter gateway device has been installed.
- If a smart meter gateway device is installed, the utility must allow the property owner to request its removal in writing; on removal, the utility must install a “traditional legacy electromechanical meter” in its place.
Who would be affected
- Utilities (public, municipal, cooperative): new procedural and documentation requirements; obligations to remove devices and reinstall legacy meters on request.
- Property owners/customers: gains explicit right to opt out, written disclosure rights, and the ability to require removal of gateway devices without service interruption.
- Meter installers and meter‑service vendors: potential changes in installation practice, inventory (need for legacy meters), and recordkeeping.
Practical impacts and considerations
- Administrative and equipment costs for utilities: producing forms, tracking consents, replacing devices with legacy meters, and maintaining alternative meter inventories could increase costs.
- Operational/technical impacts: legacy electromechanical meters typically lack remote reading/automation features of smart devices; removal may increase manual meter reading or operational costs.
- Consumer choice & privacy: the bill prioritizes property‑owner control and may address privacy or health concerns cited by some customers.
- No new criminal penalties or enforcement mechanisms are specified beyond the existing unauthorized‑metering/tampering framework as amended.
Procedural note
- The bill was considered in the Sixty‑ninth Legislative Assembly; it failed to pass on second reading (28–60). If reintroduced, sponsors and committee referral would determine next steps.