State Legislature Smart Meter Opt Out Efforts (U.S.)
Some current state legislative bills under consideration, and some historical data
A look back and a look forward at some efforts towards consumer and health protection - these issues are not going away.
2019 NCSL
In 2019, the pro-industry, pro-utility National Conference of State Legislatures compiled a list of Smart Meter Opt-Out Policies. [] as utilities increasingly deploy smart meters, a small number of groups oppose their installation, citing a variety of health and privacy concerns about the new technology. This opposition has led at least seven states to enact policies to allow customers to opt-out of having a smart meter installed on their home, while New Hampshire requires customer consent for smart meter installation and Pennsylvania law prohibits opt-outs. In another 22 states, utility regulators have ruled on whether utilities can implement opt-out programs on a case-by-case basis. (alphabetical listing by state)
2023 Canada & U.S.: Citizens for Safer Tech’s Citizen Science
Here is a document that allows you to compare the Smart Meter Opt Outs FEES in the various areas in Canada and USA. This document will be updated frequently when we get more information from readers like you. Smart Meter Opt-out Chart – – Feb 14,2023 : opt-out-fees The chart is very detailed and includes other policies, including by utility commissions and municipalities. (gratitude to Sharon Noble)
link: OPT-OUT-FEES.pdf
Feb. 2023: Children’s Health Defense Update; Don’t Want a Smart Meter? Take It Up With Your State Lawmakers, Experts Say
link: Don’t Want a Smart Meter? Take It Up With Your State Lawmakers, Experts Say • Children's Health Defense
Two years ago, Suzanne Burdick, Ph.D.. writing for Children’s Health Defense, surveyed the landscape of smart meter opt out legislation. Much of the information in her article is still of interest: State legislatures and the state utility commissions are where the battle to opt out of smart meters must be fought, according to W. Scott McCollough, former Texas assistant attorney general, and telecom and administrative law attorney and lead litigator for Children’s Health Defense.
Some Recent Actions by State Legislatures: Proposed Opt-out Bills Currently Under Consideration
Pennsylvania Smart Meter Opt Out Legislation
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm
Pennsylvania Smart Meter Opt Out Legislation “Senate Co-Sponsorship Memoranda” Senate of Pennsylvania Session of 2025 - 2026 Regular Session MEMORANDUM Posted: January 31, 2025 03:39 PM From: Senator Doug Mastriano To; All Senate members Subject: SMART METER OPT OUT OPTION Addressing Consumer Concerns with Smart Meters
Shortly I will be introducing legislation providing consumers the option of “OPTING OUT” of smart meters at their home. I understand that many consumers are facing significant issues related to smart meters. As we move towards a smarter energy future, it is crucial to recognize and address these concerns seriously. My commitment to transparency and to the well-being of Pennsylvania’s citizens, is what drives me to offer solutions that protect their health and prioritize their needs. Key consumer concerns regarding smart meters include:
**Privacy Concerns**: Smart meters continuously gather detailed energy usage data, raising significant privacy issues related to how this information is stored and accessed by utility companies.
**Radiation Exposure**: Some members of the public are apprehensive about potential health risks from the radiofrequency radiation emitted by smart meters.
**Billing Inaccuracies**: Reports of inaccurate readings from smart meters can lead to unexpectedly high energy bills.
**Lack of Control Over Data**: Many consumers feel uncertain about how their energy usage data is collected and utilized.
**Incompatibility with Older Systems**: I recognize that some older appliances may not be compatible with smart meters.
**Cost of Installation**: The expense associated with installing smart meters can be a viable concern for many.
**Data Security Breaches**: Lack of security for the data being transmitted
What will my Legislation do? My proposed legislation will provide the people of Pennsylvania the comforting assurance that they can choose to opt out of or have a smart meter removed without facing any extra charges
**Opt-out Rights: ** My legislation will insure:
The consumer has the option to refrain from having a smart meter installed in your home.
If the consumer already had a smart meter installed, they can request its removal at any time, without hassle, in a timely manner.
Utilities are prohibited from charging the consumer for deciding to opt out.
Put a penalty in place that is “consumer friendly” should a utility not comply in a timely manner
**Opt-out Process: ** My legislation will require the utilities make the process consumer friendly. To get started, the consumer will simply visit your utility's website or reach out to their customer service. They will be able to provide the consumer with all the information they need regarding their opt-out policies. For customers who prefer to opt out, utilities will be required to remove a previously installed smart meter, install an analog meter or advanced digital meter that comes with limited communications capabilities, within a 60-day window free of charge. I feel that the consumer should have the power to make the choice that feels best for them and their family. Their comfort and peace of mind are what truly matter. Please join me in co-sponsoring this vital “consumer rights” legislation which puts people’s freedom of choice, health and peace of mind ahead of corporate profits. If you have any questions concerning this legislation, please reach out to Donald Beishl (dbeishl@pasen.gov ) or Aaron Bashir ( abashir@pasen.gov) in my office.
Note: Pennsylvania currently prohibits customers from opting out:
13_smart meters.pdf
New Jersey Bill Text: NJ A4786 | 2024-2025 | Regular Session | Introduced
NJ Legislature
New Jersey Assembly Bill 4786 NJ State Legislature page for A4786 Bill Title: Prohibits public utilities from charging smart meter opt-out fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced) 2024-09-19 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A4786 Detail]
Download: New_Jersey-2024-A4786-Introduced.html Sponsored by: Assemblyman ALEX SAUICKIE District 12 (Burlington, Middlesex, Monmouth and Ocean) LINK: Bill Text: NJ A4786 | 2024-2025 | Regular Session | Introduced | LegiScan
New York: Senate Bill S5632A 2023-2024 Legislative Session Provides for Consumer Protection and Utility Meter Choice
Pete Harckham D, WF) 40th Senate District
Archive: Last Bill Status -In Senate Committee Consumer Protection Committee
S5632A
Massachusetts: Emergency Preamble to Protect Health
SD.126 An Act relative to smart meters is sponsored by Senator Michael O. Moore and in the past has been assigned to the Joint Committee on Telecommunications, Utilities and Energy. S.2152 requires a no-fee wireless meter opt-out and includes an emergency pre-amble, "Whereas, The deferred operation of this act would tend to defeat its purpose, which is to maintain public health, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health." This bill is in its sixth session.
HD.4006 An Act relative to smart meters is sponsored by Rep. Estela Reyes in the House to mirror Senator Moore's Senate bill.
At her research depository Understanding EMFs. Cece Doucette of MA4SafeTechnology has been summarizing EMF-related bills in Massachusetts and highlighting bills of interest in other states.
Efforts to secure no-fee opt outs have been stymied by Legislators who favor enabling the utilities to charge punitive fees, and to offer a radio-off digital meter that does not protect consumers from all of the risks associated with the metering technology.
NYSUMA, the New York Safe Utility Meter Association, is an excellent resource for current information about smart meter issues.
NYSUMA
Overview - The Hazards of Digital Utility Meters
Also of Note: NCSL
In 2012, the Utilities Telecom Council assured the NCSL National Conference of State Legislatures that smart meters were safe, based on the opinions of several product defense experts who most likely belong before an international criminal court for their work misrepresenting tobacco and toxic chemicals in lawsuits, and not providing cover for utilities to install unsafe infrastructure.
When the NCSL was informed about the compromised foundation for their safety assurances, they ignored the information, as did many state legislators, utility commissions, and municipalities.
Currently, a search on the NCSL website yields no results for smart meter safety or smart meters health.
If you are aware of efforts in other states regarding smart meters, please post them in the comments. Thanks for all you do,