AN ACT prohibiting a public utility from installing A smart meter or any other device that allows the utility to control a customer's utility usage without first obtaining the customer's signed written consent.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 7 of Chapter 62 of the General Statutes is amended by adding a new section to read as follows:

§ 62‑159.3.  Use of smart meters prohibited without signed written consent.

No utility company shall install in or on a customer's residence or business premises a smart meter or any other device that allows the utility company to control the customer's usage of the utility provided by the company unless the utility company first obtains the customer's written consent to the installation, which shall be indicated by the customer's signature. Any utility company that installs a smart meter or other device without the express written consent of the customer, including the customer's signature, shall be liable for any damages to the customer's property or any harm to any person that may result from the installation of the smart meter or other device. The customer's signature indicating consent to the installation of a smart meter or other device shall relieve the utility from any liability resulting from the installation. If a retail utility customer chooses not to have a smart meter installed, or to have an existing smart meter removed, the utility company shall not charge the customer any fee for choosing not to have the smart meter in their home or place of business.

SECTION 2.  This act is effective when it becomes law and applies to the installation of a smart meter or any other device that controls a customer's usage of a utility that occurs on or after that date.