AN ACT relating to smart meters.

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AN ACT relating to smart meters. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 5 of this Act: 5
(1) "Analog meter" means an electromechanical device that measures electrical 6
quantities using a needle that moves across a calibrated scale and req uires 7
manual readings to physically transmit data to a utility provider; 8
(2) "Retail utility service provider" means any person, including a city and a 9
regional wastewater commission, who owns, controls, operates, or manages any 10
facility used or to be used for or in connection with: 11
(a) The generation, production, transmission, or distribution of electricity to or 12
for the public for compensation; 13
(b) The production, manufacture, storage, di stribution, sale, or furnishing of 14
natural or manufactured gas, or a mixture of same, to or for the public for 15
compensation; 16
(c) The collection, transmission, or treatment of sewage for the public, for 17
compensation; or 18
(d) The furnishing or distributing of water to or for the public for 19
compensation; 20
(3) "Smart meter" means a time -based digital meter and related communication 21
equipment capable of being part of a system that receives, stores, measures, and 22
records electricity usage data on a time -differentiated basis and provides two -way 23
communication for real-time monitoring of electricity consumption; and 24
(4) "Underwriter Laboratories" or "UL" means the independent, nonprofit safety 25
science organization that certifies, validates, tests, and audits products to ensure 26
safety standards. 27
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SECTION 2. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) The requirements of this section shall only apply to utility service provided on 3
property owned by the utility customer. 4
(2) (a) A retail utility service provider shall give written notice of its intent to install 5
a smart meter to the customer not less than thirty (30) days before 6
commencing to replace an existing customer's analog meter with a smart 7
meter or install a smart meter for a customer with new service. 8
(b) The customer shall have thirty (30) days after receiving the notice to opt out 9
of having the smart meter installed. 10
(c) The retail utility service provider shall have no more than thirty (30) days 11
after the customer has selected a meter option to install the meter selected 12
by the customer. 13
(3) The right to opt out of a smart meter installation shall also apply to a customer 14
whose meter is not recording the usage at the premises accurately or the meter is 15
otherwise malfunctioning. 16
(4) An existing customer may request to replace a smart meter that is currently 17
installed with an analog meter, and the retail utility service provider shall install 18
the meter in accordance with subsection (2)(c) of this section. 19
(5) A retail utility service provider shall keep a quantity of analog meters sufficient to 20
fulfillment customer meter requests. 21
SECTION 3. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) Customers of the retail utility provider shall not be charged: 24
(a) For the installation of the smart meter by the retail utility service provider 25
or by any company contracted by the retail utility service provider; 26
(b) A different rate based on the type of meter used; or 27
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(c) A surcharge or fee for opting out of having the smart meter installed. 1
(2) Customers shall be entitled to a refund of any improperly collected fees or 2
charges paid by the customer to the retail utility service provider. Any customer 3
seeking a reimbursement of improperly collected fees or charges not returned by 4
the retail utility service provider shall have twelve (12) months from the date the 5
fees or charges were imposed to file a written request through the Office of the 6
Attorney General, Office of Rate Intervention. 7
(3) The Office of Rate Intervention shall: 8
(a) Review the fees or charges to determine if the fees or charges are in 9
conformity with this section; and 10
(b) Send notice to the customer and retail utility service provider of a 11
determination made under this subsection and provide a copy to the Public 12
Service Commission if the retail utility service provider is regulated under 13
KRS Chapter 278. 14
(4) Any fees or charges deemed by the Attorney General to be improperly collected by 15
the retail uti lity service provider shall be automatically returned to the customer 16
by crediting the customer account. 17
(5) This section shall be retroactive to January 1, 2015, and a customer seeking a 18
credit or refund from the retail utility service provider for a cha rge, fee, or 19
surcharge that the customer paid on or after that date shall be eligible to claim 20
the credit or refund. 21
SECTION 4. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) (a) Any retail utility service provider along with the responding fire district 24
shall submit a report of any fire involving a utility meter no later than thirty 25
(30) days after the incident to the Office of the Attorney General and, if the 26
retail utility service provider is regulated by the Public Service Commission, 27
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to the commission. 1
(b) A report under this subsection shall include the date, location, meter type, 2
and suspected point of ignition and shall be made available to the public. 3
(2) All smart meters i nstalled in the Commonwealth shall contain a warning label 4
that the meter emits radiofrequency radiation emissions that are possibly 5
carcinogenic to humans. 6
(3) (a) A smart meter shall not be installed or maintained unless it is certified by 7
Underwriter La boratories under the most recent and relevant safety 8
standards for its specific device class. A property owner may request the 9
removal of a smart meter that lacks the most current UL certification. 10
(b) Within thirty (30) days of the request and at no cost to the customer, the 11
meter shall be replaced with either a smart meter that meets the UL 12
certification standard or an analog meter if requested by customer. 13
SECTION 5. A NEW SECTION OF KRS CHAPTER 367 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) In any civil action or administrative proceeding: 16
(a) Evidence of extreme radiofrequency radiation levels measuring at or 17
exceeding one hundred (100) milliwatts per square meter shall constitute 18
prima facie evidence that the meter is harmf ul. Measurements of 19
radiofrequency radiation may be established by any commercially available 20
measuring technology or certified testing equipment; and 21
(b) Damages may be recovered for any documentable disturbances attributable 22
to the smart meter, including but not limited to unwanted garage door 23
openings or negative impacts to human and animal health and the 24
environment. 25
(2) The retail utility service provider shall provide radiation protection at the 26
customer's request if radiation levels exceeding one hun dred (100) milliwatts per 27
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square meter are measured from a smart meter at a property owned by the 1
customer. 2
(3) Data collected by a retail utility service provider shall be confidential unless 3
waived by the customer or mandated to be provided to a court. U nauthorized use 4
of customer data collected by a retail utility service provider is strictly prohibited. 5
(4) A retail utility service provider or third -party entity shall not utilize a smart meter 6
or any infrastructure installed on a customer's private prop erty as a node, relay, 7
or transmission point for obtaining data for any other reason than the provision 8
of utility service. The placement of a meter of any infrastructure on private 9
property used to transmit data for a wireless network shall be: 10
(a) An additional easement on the customer's property; and 11
(b) Prohibited without express written consent of the property owner and just 12
compensation to the property owner for use of the property as a 13
transmission hub. 14
(5) Sections 1 to 5 of this Act shall not: 15
(a) Prevent or impair a customer's private right of action for any civil damages 16
sustained by the customer due to a smart meter being installed on his or her 17
premises, or on the premises of an adjoining property owner who is within 18
the distance for electromagn etic radiation to penetrate the customer's 19
property; or 20
(b) Limit the liability of a customer for a legitimate outstanding balance to a 21
retail utility service provider. 22