A Bill for an Act
Page 1, Line 101Concerning the establishment of an opt-in program for
Page 1, Line 102smart meters installed by a qualifying retail utility.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Under current law, an investor-owned qualifying retail utility serving more than 500,000 customers (utility) may install advanced metering infrastructure (smart meter) at a customer's residential property without the property owner's permission unless the customer opts out of having the smart meter installed. The bill prohibits, beginning July 1, 2025, a utility from installing a smart meter at a customer's residential property unless the customer opts in by submitting a signed request to the utility requesting the installation of a smart meter.
The bill also requires a utility that installed a smart meter at a customer's residential property without the customer's permission prior to July 1, 2025, to uninstall the smart meter and replace it with a manual meter within 90 days after receiving a customer's request.
The bill requires a utility to establish an online website and provide a phone number by which customers of the utility may submit requests to receive or uninstall a smart meter.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 40-4-122 as follows:
Page 2, Line 340-4-122. Advanced metering infrastructure on residential
Page 2, Line 4property - smart meters - customer communication plan - reporting
Page 2, Line 5- definitions. (1) Definitions.As used in this section, unless the context otherwise requires:
Page 2, Line 6(a) "Advanced metering infrastructure" has the meaning set forth in section 40-3-103.6 (3)(a).
Page 2, Line 7(b) "Noncommunicating meter" means a traditional utility
Page 2, Line 8meter used to measure electricity consumption at a property
Page 2, Line 9that does not communicate electronically with a utility and
Page 2, Line 10requires a utility to manually record a customer's electricity consumption.
Page 2, Line 11(c) "Qualifying retail utility" or "utility" means an
Page 2, Line 12investor-owned electric utility serving more than five hundred thousand customers.
Page 2, Line 13(2) A qualifying retail utility that deploys advanced
Page 2, Line 14metering infrastructure for residential customers on or after
Page 2, Line 15September 1, 2025, shall submit a customer communication plan to the commission on or before December 31, 2025.
Page 3, Line 1(3) The customer communication plan submitted by a
Page 3, Line 2qualifying retail utility in accordance with subsection (2) of this section must include the qualifying retail utility's plan for:
Page 3, Line 3(a) Deploying advanced metering infrastructure to residential utility customers;
Page 3, Line 4(b) Communicating with a residential utility customer
Page 3, Line 5before the installation of advanced metering infrastructure on
Page 3, Line 6the customer's property, which communication must be sent
Page 3, Line 7ninety days, sixty days, and thirty days before the date the
Page 3, Line 8advanced metering infrastructure is installed on the
Page 3, Line 9customer's property and include information regarding the
Page 3, Line 10customer's right to not have advanced metering infrastructure installed;
Page 3, Line 11(c) Providing information to residential customers about
Page 3, Line 12their right to not have advanced metering infrastructure
Page 3, Line 13installed on their property and to receive a noncommunicating meter if requested by the customer; and
Page 3, Line 14(d) Providing a residential electric utility customer who
Page 3, Line 15signs up for utility service from a qualifying retail utility on or
Page 3, Line 16after September 1, 2025, with communications at the time the
Page 3, Line 17customer initiates service regarding whether the customer's
Page 3, Line 18residential property already has advanced metering
Page 3, Line 19infrastructure installed and the customer's right to have a
Page 3, Line 20noncommunicating meter installed at the property if requested by the customer.
Page 3, Line 21(4) On and after September 1, 2025, a qualifying retail
Page 4, Line 1utility that plans to install advanced metering infrastructure
Page 4, Line 2at a residential customer's property shall make reasonable
Page 4, Line 3efforts to notify the customer of the advanced metering
Page 4, Line 4infrastructure installation before arriving at the customer's
Page 4, Line 5property and provide the customer an opportunity to defer or
Page 4, Line 6reject the installation of the advanced metering infrastructure.
Page 4, Line 7(5) (a) A qualifying retail utility that installed advanced
Page 4, Line 8metering infrastructure on a residential customer's property on
Page 4, Line 9or before September 1, 2025, shall maintain aphone line and
Page 4, Line 10a public website with information regarding the customer's right
Page 4, Line 11to have the advanced metering infrastructure removed from
Page 4, Line 12the property and replaced with a noncommunicating meter if requested by the customer.
Page 4, Line 13(b) To the extent practicable, a qualifying retail utility
Page 4, Line 14shall send an email to residential customers to inform them of
Page 4, Line 15thephone line and public website maintained by the utility pursuant to subsection (5)(a) of this section.
Page 4, Line 16(6) A qualifying retail utility shall install only
Page 4, Line 17advanced metering infrastructure that complies with federal communications commission requirements for radio frequency.
Page 4, Line 18(7) A qualifying retail utility shall establish and
Page 4, Line 19maintain a public website that includes information regarding
Page 4, Line 20customer data privacy and radio frequency communications in relation to advanced metering infrastructure.
Page 4, Line 21SECTION 2. Act subject to petition - effective date. This act
Page 4, Line 22takes effect at 12:01 a.m. on the day following the expiration of the
Page 5, Line 1ninety-day period after final adjournment of the general assembly; except
Page 5, Line 2that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 5, Line 3of the state constitution against this act or an item, section, or part of this
Page 5, Line 4act within such period, then the act, item, section, or part will not take
Page 5, Line 5effect unless approved by the people at the general election to be held in
Page 5, Line 6November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.