An Act to require customer consent for installation of a smart meter for a utility service.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-34-18 be AMENDED:

49-34-18. Terms as used in this section and, §§ 49-34-19 to 49-34-21, inclusive, and sections 2 and 3 of this Act mean:

(1) "Bypassing," the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor or other instrument, device, or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply, or use any utility service without passing through an authorized meter for measuring or registering the amount of utility service;

(2) "Customer," the person responsible for payment for utility services for the premises. The term includes employees and agents of the customer;

(3) "Smart meter," an electronic or digital device that records usage data of the utility service and communicates the data to a utility;

(4) "Tampering," damaging, altering, adjusting, or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of utility service passing through the meter, or any valve provided by the utility for preventing back flow of water into the supply lines, or any other devices owned and maintained by the utility;

(4)(5) "Unauthorized metering," removing, moving, installing, connecting, reconnecting, or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of a utility;

(5)(6) "Utility," any public utility, municipally owned utility, rural water system, or cooperative utility, which provides electricity, gas, or water for sale to consumers;

(6)(7) "Utility service," the provision of electricity, gas, water, or any other service or commodity customarily furnished by the utility for compensation; and

(7)(8) "Utility supply system," includes all wire, conduits, pipes, cords, sockets, motors, meters, instruments, and all other devices used by the utility for the purpose of providing a utility service.

Section 2. That a NEW SECTION be added to chapter 49-34:

The utility may not install a smart meter without first obtaining the customer's written consent.

The utility shall provide information to the customer regarding:

(1) Use of the smart meter in the collection, management, and storage of data;

(2) The type of data to be collected by the smart meter; and

(3) Whether the data is to be sold to a third party.

Section 3. That a NEW SECTION be added to chapter 49-34:

A customer may request, in writing, that a utility remove a smart meter. Upon receiving the request, the utility shall notify the customer of the date the smart meter is to be removed. The utility must remove the smart meter within thirty days of receiving the request.

Section 4. That a NEW SECTION be added to chapter 49-34:

A utility may charge the customer a fee, not to exceed eighty dollars, for the removal of a smart meter. The utility may charge the customer a monthly fee, not to exceed ten dollars, for electing not to use a smart meter.