HSB 166 (LSB 2193YC (1) 89)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN)

A BILL FOR

An Act prohibiting counties and cities from regulating the sale of natural gas and propane.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 331.301, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  18.  A county shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment, or use any other means, to restrict, impede, regulate, or prohibit, intentionally or effectively, any of the following:
   a.  The provision of natural gas service by a public utility as defined in section 476.1, a competitive natural gas provider as defined in section 476.86, or a retail propane marketer or retail propane dispenser as those terms are defined in section 101C.2 to a person, business, municipality, or other wholesale or retail customer within or outside the county.
   b.  The purchase of natural gas or propane from a competitive natural gas provider as defined in section 476.86 or a retail propane marketer or retail propane dispenser as those terms are defined in section 101C.2, or the receipt of natural gas or propane service from a public utility as defined in section 476.1, by any person, business, municipality, or other wholesale or retail customer within or outside the county.
    Sec. 2.  Section 364.3, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  13.  A city shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment, or use any other means, to restrict, impede, regulate, or prohibit effectively any of the following:
   a.  The provision of natural gas service by a public utility as defined in section 476.1, a competitive natural gas provider as defined in section 476.86, or a retail propane marketer or retail propane dispenser as those terms are defined in section 101C.2 to a person, business, municipality, or other wholesale or retail customer within or outside the incorporated area of the city.
   b.  The purchase of natural gas or propane from a competitive natural gas provider as defined in section 476.86 or a retail propane marketer or retail propane dispenser as those terms are defined in section 101C.2, or the receipt of natural gas or propane service from a public utility as defined in section 476.1, by any person, business, municipality, or other wholesale or retail customer within or outside the incorporated area of the city.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a county or city from adopting, enforcing, or otherwise administering an ordinance, motion, resolution, or amendment, or using other means, to restrict, impede, regulate, or prohibit (1) the provision of natural gas service by a public utility, a competitive natural gas provider, a retail propane marketer, or a retail propane dispenser to a person, business, municipality, or other wholesale or retail customer within or outside the county or city, and (2) the purchase of natural gas or propane from a competitive natural gas provider, a retail propane marketer, or a retail propane dispenser, or the receipt of natural gas or propane service from a public utility, by any person, business, municipality, or other wholesale or retail customer within or outside the county or city.