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HB 876

AN ACT relating to smart meters.

2026 Regular Session Introduced by Josh Calloway and 1 co-sponsor

HB 876 regulates smart meters in Kentucky to protect consumers with opt-out rights, cost safeguards, safety labeling, UL certification, and remedies for improper charges and health

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Bill Summary · HB 876

Summary of HB 876 (2026 Session, Kentucky) – Relating to Smart Meters

Main purpose and intent

HB 876 aims to regulate the use and installation of smart meters by retail utility service providers in Kentucky. The bill establishes definitions, consumer protections, safety requirements, and procedural rules surrounding the deployment, opt-out rights, fee prohibitions, and data/radiation considerations tied to smart metering. It also creates liability and public reporting obligations related to smart meter incidents and radiation concerns.

Key provisions and changes

Definitions (Section 1)

  • Defines:
    • Analog meter: Electromechanical, manual readings, requires physical data transmission.
    • Retail utility service provider: Any entity (including cities and regional commissions) involved in electricity, gas, sewage, or water utilities.
    • Smart meter: Time-based digital meter with two-way communication for real-time electricity usage data.
    • UL (Underwriter Laboratories): Safety standards certifier.

Installation, opt-out, and replacement rules (Section 2)

  • Notice and opt-out:
    • Providers must give written notice at least 30 days before replacing an analog meter with a smart meter or installing a smart meter for new service.
    • Customers have 30 days to opt out after receiving notice.
    • Providers must install the customer’s chosen meter within 30 days of the opt-in decision.
  • Opt-out applies to malfunctioning/meters not recording usage accurately.
  • Right to revert:
    • Existing customers can request switching back to an analog meter; providers must comply within 30 days, at no cost.
  • Inventory:
    • Providers must maintain a sufficient supply of analog meters for customer requests.

Billing and fee protections (Section 3)

  • Prohibitions on charges:
    • No installation fee for smart meters, no rate difference by meter type, and no opt-out surcharge/fee.
  • Refunds for improper charges:
    • Customers may seek refunds for improperly collected fees; a 12-month window applies to filing with the Attorney General’s Office (Office of Rate Intervention).
  • AG oversight:
    • The Office of Rate Intervention reviews fees and notifies both customer and provider, with copies to the Public Service Commission if applicable.
  • Automatic refunds:
    • Improperly collected fees are automatically credited to the customer.
  • Retroactivity:
    • Section is retroactive to January 1, 2015; eligible customers may claim credits/refunds for charges paid since that date.

Safety, fire reporting, and labeling (Section 4)

  • Fire reporting:
    • Providers and fire districts must report any fire involving a utility meter within 30 days to the AG and, if regulated, to the PSC; reports include date, location, meter type, and suspected ignition point and must be public.
  • Warning labeling:
    • All smart meters must include a warning label about potential radiofrequency emissions that could be carcinogenic.
  • UL certification:
    • Meters must be UL-certified. Owners can request removal of non-certified meters.
    • If requested, meters must be replaced within 30 days at no cost with a UL-certified smart meter or an analog meter.

Health, safety, privacy, and property rights (Section 5)

  • Evidence standard in legal actions:
    • Prima facie evidence (in civil or administrative actions) that RF radiation at or above 100 milliwatts per square meter is harmful.
    • Potential damages for documented disturbances linked to the smart meter (e.g., unwanted garage door operation, health or environmental impacts).
  • Radiation protection:
    • Utilities must provide radiation protection if RF levels exceed 100 mW/m² at a customer’s property.
  • Data confidentiality:
    • Customer data collected by providers is confidential unless waived or court-ordered.
  • Prohibition on data misuse:
    • Meter infrastructure cannot be used as a data node/relay for purposes beyond utility service provision; any such use on private property requires an additional easement and just compensation with the owner’s consent.
  • Private rights preserved:
    • Nothing in the act limits a customer’s civil damages for harms caused by a smart meter, nor limits liability for legitimate unpaid balances.

Who is affected

  • Retail utility service providers (electric, gas, water, sewage) operating on Kentucky properties.
  • Utility customers receiving service and potential smart meter installations.
  • Fire districts collaborating with utilities on incident reporting.
  • Consumers filing complaints or seeking refunds for improper charges, or pursuing damages related to RF exposure or meter-related incidents.
  • The Office of Rate Intervention and, if applicable, the Public Service Commission for regulated providers.

Procedural and timeline aspects

  • Installation notice: 30-day written notice before replacing or installing a smart meter.
  • Opt-out window: 30 days from notice to opt out.
  • Installation window after opt-in: within 30 days of selection.
  • Replacement back to analog: within 30 days at no cost upon request.
  • Fee review: AG’s Office of Rate Intervention reviews alleged improper charges; 12-month window to file claims.
  • Fire reports: required within 30 days of incident; reports public.
  • UL certification: certification required; removal/replacement within 30 days of request.
  • Retroactivity: Section 3 provisions apply retroactively to Jan 1, 2015.

Notable policy direction

  • Strong emphasis on consumer choice (opt-out rights), cost protections (no installation or ongoing meter-type charges; refunds for improper charges), safety (UL certification, RF warnings), and data/privacy safeguards.
  • Provisions linking meter safety standards to liability and potential damages, with a mechanism for public reporting of incidents.
  • Requires explicit consent and compensation for any use of private property as a data transmission node.

Overall, HB 876 seeks to regulate smart meter deployment in Kentucky to protect consumers, ensure safety certifications, and provide remedies for improper charges and alleged health or property impacts.

Compiled from official sources — confirm details with the bill’s official record.

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