Fairfax Municipal Code Ch. 8.68 Smartmeters and Related Equipment

(A) On August 4, 2010, the Town Council adopted Ordinance No. 752, an urgency ordinance temporarily prohibiting the installation of any so-called “SmartMeter” in or on any home, apartment, condominium or business in the town, as well as the installation of equipment related to SmartMeters in, on, under, or above any public street or public right-of-way in the town;

(B) Over the past three years, the Council, town staff and members of the public have participated in extensive meetings with PG&E representatives, as well as in legislative and regulatory hearings on SmartMeters, but there remain significant questions about the security, privacy, safety, accuracy and health effects, along with proposals for mitigating them or permitting consumer alternatives to SmartMeters;

(C) In particular, PG&E’s Opt Out plan will not protect the privacy, health and economic interests that were raised by numerous town residents in their public comments, because the plan (as set forth in CPUC Application A 11-03-014) requires a substantial upfront deposit and ongoing monthly fees, which fees are unreasonable and do not reflect any savings garnered by maintaining current analog meters and avoiding the acquisition and installation costs incurred by replacement with SmartMeters;

(D) In addition, PG&E’s fee proposal also effectively discriminates against those ratepayers who elect to opt out for health or safety reasons, which is in violation of the prohibition on prejudicial rates in Cal. Public Utilities Code § 453(b);

(E) Finally, the application does not address whether PG&E will honor the ordinances of the numerous jurisdictions who have passed SmartMeter moratoriums to protect and preserve the health and safety of their residents under their constitutionally delegated power to do so;

(F) The status of PG&E’s Opt Out plan is currently under review by the California Public Utilities Commission (CPUC) and unless the town acts to protect and preserve the rights of its residents during the pendency of those proceedings, the CPUC review process will effectively be rendered moot.

(G) As a result of these deficiencies and uncertainties, the Town Council has determined that the prohibition on the installation of SmartMeters and related equipment is necessary and proper to allow further regulatory and legislative activities to proceed for three years unless sooner terminated if the Town Council determines that the privacy, safety, accuracy and health effects of SmartMeters have been adequately addressed.

(H) The Town Council has determined that the prohibition on the installation of SmartMeters and related equipment for an additional three years is necessary and proper to allow further legal, regulatory and legislative activities to proceed.

(I) The Town Council has determined that the prohibition on the installation of SmartMeters and related equipment is necessary and proper to allow further regulatory and legislative activities to proceed until the Town Council determines that the privacy, safety, accuracy and health effects of SmartMeters have been adequately addressed at which time the Town Council will consider action to repeal this chapter.

(Ord. 775, passed 2-5-2014; Am. Ord. 806, passed 2-1-2017; Am. Ord. 840, passed 12-4-2019)

(A) The town hereby prohibits the installation of SmartMeters or related equipment. No SmartMeter may be installed in or on any home, apartment, condominium or business in the town, and no equipment related to SmartMeters may be installed in, on, under, or above any public street or public right- of-way.

(B) Violations of this chapter may be charged as infractions or misdemeanors as set forth in § 1.08.010 of this code or as administrative citations as set forth in Chapter 1.10 of this code, in the discretion of the town. In addition, violations shall be deemed public nuisances, with enforcement by injunction or any other remedy authorized by law.

(C) The Town Manager is hereby authorized to direct all town departments, including the Town Attorney, to facilitate compliance with the purpose and intent of this chapter using the enforcement powers described in the preceding paragraph.

(Ord. 775, passed 2-5-2014)