House File 555 - Reprinted HOUSE FILE 555 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 166) (As Amended and Passed by the House March 15, 2021 ) A BILL FOR An Act prohibiting counties and cities from regulating the sale 1 of natural gas and propane. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 555 (2) 89 js/ns/md
H.F. 555 Section 1. Section 331.301, Code 2021, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 18. a. A county shall not adopt, enforce, 3 or otherwise administer an ordinance, motion, resolution, 4 or amendment, or use any other means, to restrict, impede, 5 regulate, or prohibit, intentionally or effectively, any of the 6 following: 7 (1) The provision of natural gas service by a public utility 8 as defined in section 476.1, a competitive natural gas provider 9 as defined in section 476.86, or a retail propane marketer or 10 retail propane dispenser as those terms are defined in section 11 101C.2 to a person, business, municipality, or other wholesale 12 or retail customer within or outside the county. 13 (2) The purchase of natural gas or propane from a 14 competitive natural gas provider as defined in section 476.86 15 or a retail propane marketer or retail propane dispenser as 16 those terms are defined in section 101C.2, or the receipt of 17 natural gas or propane service from a public utility as defined 18 in section 476.1, by any person, business, municipality, or 19 other wholesale or retail customer within or outside the 20 county. 21 b. Paragraph “a” does not apply to an ordinance, motion, 22 resolution, or amendment that regulates a retail propane 23 marketer or retail propane dispenser, as those terms are 24 defined in section 101C.2, adopted before the effective date 25 of this Act. 26 Sec. 2. Section 364.3, Code 2021, is amended by adding the 27 following new subsection: 28 NEW SUBSECTION . 13. a. A city shall not adopt, enforce, 29 or otherwise administer an ordinance, motion, resolution, 30 or amendment, or use any other means, to restrict, impede, 31 regulate, or prohibit, intentionally or effectively, any of the 32 following: 33 (1) The provision of natural gas service by a public utility 34 as defined in section 476.1, a competitive natural gas provider 35 -1- HF 555 (2) 89 js/ns/md 1/ 2
H.F. 555 as defined in section 476.86, or a retail propane marketer or 1 retail propane dispenser as those terms are defined in section 2 101C.2 to a person, business, municipality, or other wholesale 3 or retail customer within or outside the incorporated area of 4 the city. 5 (2) The purchase of natural gas or propane from a 6 competitive natural gas provider as defined in section 476.86 7 or a retail propane marketer or retail propane dispenser as 8 those terms are defined in section 101C.2, or the receipt of 9 natural gas or propane service from a public utility as defined 10 in section 476.1, by any person, business, municipality, or 11 other wholesale or retail customer within or outside the 12 incorporated area of the city. 13 b. (1) Paragraph “a” does not apply to an ordinance 14 granting, extending, amending, or renewing a franchise pursuant 15 to section 364.2, subsection 4, that does not restrict or 16 impede the provision of natural gas service. 17 (2) Paragraph “a” does not apply to an ordinance, motion, 18 resolution, or amendment relating to the rates, services, or 19 governance of a public utility providing gas service to the 20 public for compensation and subject to the jurisdiction of 21 the utilities board of the department of commerce pursuant to 22 section 476.1B. 23 (3) Paragraph “a” does not apply to an ordinance, motion, 24 resolution, or amendment that regulates a retail propane 25 marketer or retail propane dispenser, as those terms are 26 defined in section 101C.2, adopted before the effective date 27 of this Act. 28 -2- HF 555 (2) 89 js/ns/md 2/ 2