Utility meter choice

AN ACT Relating to protecting utility consumer meter choice; 1
adding a new chapter to Title 19 RCW; and declaring an emergency.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. The definitions in this section apply 4
throughout this chapter unless the context clearly requires 5
otherwise.6
(1) "Analog utility meter" means an electro-mechanical utility 7
meter that measures a utility consumer's electric, water, or gas use 8
and does not contain or use electronic components or switch mode 9
power supply and does not extract, store, or transmit private utility 10
use data or radiofrequency radiation. 11
(2) "Consumer-owned electric utility" means a municipal electric 12
utility formed under Title 35 RCW, a public utility district formed 13
under Title 54 RCW, an irrigation district formed under chapter 87.03 14
RCW, a cooperative formed under chapter 23.86 RCW, or a mutual 15
corporation or association formed under chapter 24.06 RCW, that is 16
engaged in the business of distributing electricity to more than one 17
retail electric customer in the state. 18
(3) "Digital utility meter" means a radiofrequency-transmitting 19
or nontransmitting utility meter that uses electronic components 20
including, but not limited to, switch mode power supply and antennas 21
H-0411.1
HOUSE BILL 1336
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walsh and Marshall
Read first time 01/16/25. Referred to Committee on Environment &
Energy.
p. 1 HB 1336
and batteries, to measure, extract, store, or transmit electric, 1
water, or gas use. 2
(4) "Electric utility" means a consumer-owned electric utility or 3
investor-owned electric utility as defined in this section.4
(5) "Gas utility" has the same definition as "gas company" in RCW 5
80.04.010. 6
(6) "Investor-owned electric utility" means a company owned by 7
investors that meets the definition of "electrical company" as 8
defined in RCW 80.04.010 and is engaged in distributing electricity 9
to one or more retail electric customers in the state.10
(7) "Utility consumer" means an end-user of utility services from 11
any electric utility, gas utility, or water utility with a meter 12
assigned to the consumer at the consumer's premises.13
(8) "Water utility" means every corporation, company, 14
association, joint stock association, partnership, and person, their 15
lessees, trustees or receivers appointed by any court whatsoever, and 16
every city or town owning, controlling, operating, or managing any 17
water system for hire within this state. 18
NEW SECTION. Sec. 2. (1) A utility consumer may decline 19
permission to an electric utility, gas utility, or water utility to:20
(a) Replace an existing analog utility meter with a digital 21
utility meter; or 22
(b) Install a digital utility meter. 23
(2) An electric utility, gas utility, or water utility must 24
replace a digital utility meter with an analog utility meter if 25
requested by a utility consumer, at no cost to the utility consumer. 26
For the purposes of this section, no cost includes no penalty, no 27
fee, no service charge, nor any other cost. 28
(3) An electric utility, gas utility, or water utility may not 29
install a digital utility meter for a utility consumer unless the 30
utility provides written notice to the consumer no less than 90 days 31
before the scheduled installation so that the consumer may decline 32
installation if desired according to subsection (1) of this section. 33
The written notice must clearly include the following information:34
(a) The utility consumer has the right to decline permission to 35
the utility to install a digital utility meter and declining 36
permission shall be at no cost to the utility consumer;37
(b) The utility consumer may, at any time after installation of a 38
digital utility meter, require the utility to remove the meter and 39
p. 2 HB 1336
replace it with an analog utility meter at no cost to the utility 1
customer; and 2
(c) If the utility consumer informs the utility in writing that 3
the consumer suffers from an electromagnetic sensitivity and the 4
transmitted and unintended radiofrequency radiation from both 5
transmitting and nontransmitting digital meters poses a health threat 6
to the consumer, the utility must comply with the consumer's 7
instruction within 10 days of receipt of instruction. In all other 8
cases, the utility must comply with the utility consumer's 9
instruction within 30 days of receipt of instruction.10
(4) For any building or property with multiple utility consumers 11
of electricity, water, or gas, each electric utility, water utility, 12
or gas utility must comply with subsection (3) of this section by:13
(a) Gathering responses from utility consumers in such a building 14
or property to determine the percentage of utility consumers who 15
decline permission for installation of digital utility meters. If at 16
least 50 percent of utility consumers decline permission for 17
installation of digital utility meters, the utility may not install 18
new digital utility meters or upgrade existing digital utility meters 19
in such a building; and 20
(b) Removing a digital utility meter when requested by a utility 21
consumer and replacing it with an analog utility meter.22
NEW SECTION. Sec. 3. For no less than three years, each 23
electric utility, gas utility, and water utility must maintain 24
records of:25
(1) All requests from utility consumers to remove or replace a 26
digital utility meter with an analog utility meter; and27
(2) All responses the utility receives from utility consumers 28
when the utility requests to install a digital utility meter.29
NEW SECTION. Sec. 4. This act is necessary for the immediate 30
preservation of the public peace, health, or safety, or support of 31
the state government and its existing public institutions, and takes 32
effect immediately.33
NEW SECTION. Sec. 5. Sections 1 through 4 of this act 34
constitute a new chapter in Title 19 RCW.35
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