HB 876

Create new sections of KRS Chapter 367 to establish definitions; allow a customer of utility that provides electric, gas, water, or sewer services to opt out of having a smart meter installed if the customer owns the premises where the meter will be installed; establish procedures to opt out of the smart meter or request an analog meter; require utilities that furnish water, electric, gas, or sewer services to maintain sufficient quantities of meters for customer demand; require the retail electric supplier to give the customer 30 days' notice and give the customer 30 days to respond; require installation of the selected meter no later than 30 days after the selection; prohibit retail provider of electric, water, sewer, or gas service from charging the customer for the installation of the meter or imposing a surcharge or fee for opting out of having the smart meter installed; establish a process of obtaining a refund for a utility for improper charges through the Office of the Attorney General, Office of Rate Intervention; allow a customer to request a refund for any fees or damages incurred after January 1, 2015; require the utility and the fire district to send reports on fires involving meters; require a warning label on the meter and certification of the meter; provide for civil action; establish liability for harm caused by electromagnetic frequency radiation; prohibit the use of the meter to collect data accessed by third parties or any use of data that is not for the provision of utility service; require compensation for use of the meter to create a wireless network; require the utility to provide radiation protection at the customer's request; affirm a customer's private right of action and that the damages from a smart meter installation does not reduce the customer's outstanding balance to a utility service provider; RETROACTIVE.