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Department of Public Service backs S.213, urges PUC review of proposed opt-out fees

House Energy and Digital Infrastructure · March 26, 2026
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Summary

At a House Energy and Digital Infrastructure hearing, the Department of Public Service said it generally supports S.213, which extends advanced metering to water utilities and lets electric utilities seek PUC-approved charges for customers who opt out of smart meters; committee members asked about radio-frequency concerns and remote meter-reading costs.

The House Energy and Digital Infrastructure committee heard testimony on S.213 on the use of advanced metering infrastructure, and the Department of Public Service told lawmakers it "was generally supportive of this bill." Jim Porter, director for public advocacy at the Department of Public Service, said the department wants any opt-out charge for electric customers to be implemented through a tariff reviewed and approved by the Public Utilities Commission.

Porter told the committee the bill expands advanced meters to water companies while preserving a customer’s right to opt out of automated metering. "We were generally supportive of this bill," he said, adding that the department does not see major problem areas in the language as written but wants to review specific tariff proposals for reasonableness.

Rep. Michael Southworth asked what problem the bill is trying to solve. Porter said the measure covers water-company use of advanced meters and maintains opt-out rights first established when electric smart meters were installed. He noted the bill adds a cost-recovery mechanism that would allow electric utilities to seek approval to charge customers who opt out, subject to regulatory oversight.

Committee members pressed Porter on technical and cost questions. Porter said some water meters use batteries that may need replacement about every five years, which can affect operating costs. Members also voiced concern that customers in remote areas could face high manual meter-reading costs if utilities bill for opting out. Porter replied that tariffs and terms filed with the PUC and the department would be reviewed for reasonableness and could be opened to investigation if necessary.

Porter recalled that initial smart-meter rollouts about a decade earlier prompted some customers to opt out because of worries about radio-frequency emissions. "There are people who do not like the radio frequency emissions," he said, and opt-outs were a legislative way to accommodate those concerns. He said adding a cost-recovery component now reflects current costs and would be subject to PUC scrutiny, not unilateral utility pricing.

The committee confirmed that the Public Utilities Commission has been invited to provide testimony; Porter's appearance concluded with the panel preparing to call its next witness.