386.820.  Opt out for advanced or hub meters — definitions — rules for — procedure — rulemaking authority. — 1.  For purposes of this section, the following terms mean:

  (1)  "Advanced meter", a meter or metering device system that is owned or leased by a utility or its agent and that meets one or more of the following requirements:

  (a)  Measures, records, and sends a customer's utility usage or other data by use of radio waves or broadband over power lines;

  (b)  Allows for two-way communication between the meter and the utility or its agent; and

  (c)  Allows for a utility or its agent to control a customer's thermostat, appliance, or service;

  (2)  "Hub meter", an advanced meter that generates stronger radio waves as a result of the meter serving as a hub for other advanced meters it communicates with in a given area;

  (3)  "Inaccurate information", the intentional under-reporting of meter data in an effort to not pay for services.  Inaccurate information does not mean minor differences in readings by less than two percent to account for variations based on the time of day that the meter is read and similar factors;

  (4)  "Regular basis", once per billing cycle;

  (5)  "Traditional meter", a commercially available meter that is unable to transmit usage information and is only intended to be read by an individual through a visual display.  A traditional meter is not designed or capable of transmitting usage data by using radio waves or broadband over power lines, allowing two-way communication between the meter and the utility or its agents, or allowing a utility or its agents to control a customer's thermostat, appliance, or service.  A traditional meter does not include an advanced meter that has certain functionality turned off or deactivated;

  (6)  "Utility", any public utility that is rate regulated by the public service commission under chapter^* 386 or 393.

  2.  (1)  The commission shall promulgate commercially reasonable rules governing an opt-out process using an advanced meter or hub meter for customers no later than June 30, 2026.  Commencing July 1, 2026, a residential utility customer may at any time communicate with the utility that the customer would like to opt out of using an advanced meter or hub meter.

  (2)  Within a commercially reasonable time after receiving a residential customer's request that an advanced meter be removed from the customer's residence or business, a utility shall remove the advanced meter and replace it at a location of the utility's choice with a traditional meter.  A utility may charge a one-time all-inclusive fee, not to exceed one hundred twenty-five dollars, to remove the advanced meter and to provide and install a traditional meter.  A utility may charge a monthly fee, not to exceed fifteen dollars, for the use of a traditional meter.

  (3)  If a residential customer utilizes a traditional meter and desires to read its own meter rather than having the utility read the meter, the customer shall report accurate energy usage to the utility on a regular basis.  A utility shall provide the customer with the detailed process to report meter readings on a secure website, by telephone, or by other commercially reasonable means.  At least once every twelve months, the utility shall obtain an actual meter reading of the customer's energy usage to verify the accuracy of readings reported under this section.  Notwithstanding this subsection to the contrary, a representative of a utility may manually read the customer's meter on a regular basis as otherwise permitted by law and correct a reading as necessary.  If the customer fails to report usage, inaccurately reports usage, or the utility does not receive the customer's service usage report on time, the utility may manually read the customer's meter or charge that customer based on an estimate of prior energy use in a manner approved by the commission.  The utility may charge the customer interest on any unpaid amount due to the customer's failure to report usage or inaccurate report of usage in any given billing cycle.  Such interest rate shall be no greater than five percent.  The commission is authorized to approve charges to be assessed pursuant to an electrical corporation's rate schedule to be assessed on customers that intentionally report inaccurate usage.

  (4)  A utility shall not be liable for any injuries or other damages sustained by a customer or other individuals due to a customer's reading of the customer's utility usage unless such injuries or damages are caused by the willful misconduct or gross negligence of the utility.

  3.  The commission shall promulgate rules to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2025, shall be invalid and void.