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H. B. No. 1038 *HR31/R260* ~ OFFICIAL ~ G1/2
26/HR31/R260
PAGE 1 (MCL\JAB)
To: Public Utilities
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Currie
HOUSE BILL NO. 1038
AN ACT TO PROVIDE ELECTRIC UTILITY CUSTOMERS WITH THE OPTION 1
TO DECLINE INSTALLATION OF SMART METERS; TO PROVIDE DEFINITIONS 2
RELATING TO SMART METERS AND SMART METER TECHNOLOGY; TO REQUIRE 3
THAT SMART METER TECHNOLOGY PROVIDE CUSTOMERS WITH DIRECT ACCESS 4
TO AND USE OF PRICE AND CONSUMPTION INFORMATION; AND FOR RELATED 5
PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. The following words and phrases have the meanings 8
as provided in this section unless the context clearly indicates 9
otherwise: 10
(a) "Smart meter" or "advanced metering infrastructure" 11
means a meter for electricity usage that operates on smart meter 12
technology. 13
(b) "Smart meter technology" means technology, 14
including metering technology and network communications 15
technology capable of bidirectional communication, that records 16
electricity usage on at least an hourly basis, including related 17
electric distribution system upgrades to enable the technology. 18
H. B. No. 1038 *HR31/R260* ~ OFFICIAL ~
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SECTION 2. (1) Smart meter technology shall provide 19
customers with direct access to and use of price and consumption 20
information. The technology shall also: 21
(a) Directly provide customers with information on 22
their hourly consumption. 23
(b) Enable time-of-use rates and real-time price 24
programs. 25
(c) Effectively support the automatic control of the 26
customer's electricity consumption by one or more of the following 27
as selected by the customer: 28
(i) The customer; 29
(ii) The customer's utility; or 30
(iii) A third party engaged by the customer or the 31
customer's utility. 32
(2) Electric distribution companies shall furnish smart 33
meter technology as follows: 34
(a) In new building construction, the electric 35
distribution company shall give the customer the choice of either 36
an analog meter or a smart meter. The electric distribution 37
company shall document in writing the choice made by the customer 38
according to a procedure adopted for that purpose by the electric 39
distribution company. If no choice is made by the customer, the 40
electric distribution company shall install an analog meter. 41
H. B. No. 1038 *HR31/R260* ~ OFFICIAL ~
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ST: Smart meters; provide utility customers
with option to decline installation of.
(b) A customer has the right to opt out, at any time, 42
of a previously installed smart meter according to a procedure 43
adopted for that purpose by the electric distribution company. 44
(c) An electric distribution company may not charge a 45
customer a fee for exercising the right to opt out of a smart 46
meter under paragraph (b) of this subsection (2). 47
(3) If a customer opts out of a smart meter under paragraph 48
(b) of this subsection (2), the electric distribution company 49
shall install an analog meter. 50
(4) An electric distribution company shall include 51
information about the procedure for customers to opt out of smart 52
meters on its publicly accessible Internet website, and make such 53
information available to customers who call customer support. 54
SECTION 3. This act shall take effect and be in force from 55
and after July 1, 2026. 56