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2023 SESSION

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23102376D
SENATE BILL NO. 849 Offered January 11, 2023 Prefiled December 29, 2022 A BILL to amend and reenact § 56-245.1 of the Code of Virginia, relating to public utilities; customer consent to install smart meter. ---------- Patron-- Chase ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That § 56-245.1 of the Code of Virginia is amended and reenacted as follows:

§ 56-245.1. Meters to be kept in good working condition; defective meters; smart meters.

(1) A. Any person, firm, corporation, county, city, town or association, hereinafter referred to as person, who or which furnishes water, gas or electricity to the premises of another and employs a meter to determine the quantity of water, gas or electricity furnished to such premises and bases its charges thereon shall keep meter in good working condition.

(2) B. When any such person is notified in writing that any such meter is broken or not functioning properly he shall promptly investigate the matter and, if the meter is found to be defective, repair or replace the meter within thirty days of such notice. If the meter is found to be in good working condition, a written report of such determination shall be mailed or delivered to the affected customer within thirty days of such notice. If any defective meter is not repaired or replaced as provided herein, or if the required report is not made, the affected customer shall not be required to pay for the service furnished through the meter, after the expiration of the thirty-day period until the repair or replacement is made, or until the required report is made, and his service shall not be terminated for failure to pay under such circumstances.

C. No public utility shall install a smart meter on the premises of a customer without first obtaining such customer's consent to such installation. For any smart meter installed by a public utility prior to July 1, 2023, the public utility shall provide the customer an opportunity to consent to the previous installation. Each public utility shall offer to remove a smart meter without cost to the customer that was installed without obtaining the customer's consent. No public utility shall (i) discontinue service to a customer who does not consent to the installation of a smart meter; (ii) charge a fee, assessment, or higher rate to a customer who does not consent to the installation of a smart meter; or (iii) provide or offer to provide discounted rates to a customer in exchange for obtaining the customer's consent to install a smart meter. For the purposes of this subsection, "smart meter" means a public utility meter that is interconnected through a secured Internet network connection, telephone connection, or radio frequency connection between a customer's premises and the public utility, facilitating more accurate and accessible information regarding water, gas, or electricity usage; peak event notifications; and reports and savings summaries.