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House Study Bill 166 - IntroducedA Bill ForAn Act 1prohibiting counties and cities from regulating the sale
2of natural gas and propane.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.301, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 18. A county shall not adopt, enforce,
4or otherwise administer an ordinance, motion, resolution,
5or amendment, or use any other means, to restrict, impede,
6regulate, or prohibit, intentionally or effectively, any of the
7following:
8a. The provision of natural gas service by a public utility
9as defined in section 476.1, a competitive natural gas provider
10as defined in section 476.86, or a retail propane marketer or
11retail propane dispenser as those terms are defined in section
12101C.2 to a person, business, municipality, or other wholesale
13or retail customer within or outside the county.
14b. The purchase of natural gas or propane from a competitive
15natural gas provider as defined in section 476.86 or a retail
16propane marketer or retail propane dispenser as those terms
17are defined in section 101C.2, or the receipt of natural
18gas or propane service from a public utility as defined in
19section 476.1, by any person, business, municipality, or other
20wholesale or retail customer within or outside the county.
21 Sec. 2. Section 364.3, Code 2021, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 13. A city shall not adopt, enforce,
24or otherwise administer an ordinance, motion, resolution,
25or amendment, or use any other means, to restrict, impede,
26regulate, or prohibit effectively any of the following:
27a. The provision of natural gas service by a public utility
28as defined in section 476.1, a competitive natural gas provider
29as defined in section 476.86, or a retail propane marketer or
30retail propane dispenser as those terms are defined in section
31101C.2 to a person, business, municipality, or other wholesale
32or retail customer within or outside the incorporated area of
33the city.
34b. The purchase of natural gas or propane from a competitive
35natural gas provider as defined in section 476.86 or a retail
-1-1propane marketer or retail propane dispenser as those terms
2are defined in section 101C.2, or the receipt of natural
3gas or propane service from a public utility as defined in
4section 476.1, by any person, business, municipality, or other
5wholesale or retail customer within or outside the incorporated
6area of the city.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill prohibits a county or city from adopting,
11enforcing, or otherwise administering an ordinance, motion,
12resolution, or amendment, or using other means, to restrict,
13impede, regulate, or prohibit (1) the provision of natural
14gas service by a public utility, a competitive natural gas
15provider, a retail propane marketer, or a retail propane
16dispenser to a person, business, municipality, or other
17wholesale or retail customer within or outside the county or
18city, and (2) the purchase of natural gas or propane from a
19competitive natural gas provider, a retail propane marketer, or
20a retail propane dispenser, or the receipt of natural gas or
21propane service from a public utility, by any person, business,
22municipality, or other wholesale or retail customer within or
23outside the county or city.
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2of natural gas and propane.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 331.301, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 18. A county shall not adopt, enforce,
4or otherwise administer an ordinance, motion, resolution,
5or amendment, or use any other means, to restrict, impede,
6regulate, or prohibit, intentionally or effectively, any of the
7following:
8a. The provision of natural gas service by a public utility
9as defined in section 476.1, a competitive natural gas provider
10as defined in section 476.86, or a retail propane marketer or
11retail propane dispenser as those terms are defined in section
12101C.2 to a person, business, municipality, or other wholesale
13or retail customer within or outside the county.
14b. The purchase of natural gas or propane from a competitive
15natural gas provider as defined in section 476.86 or a retail
16propane marketer or retail propane dispenser as those terms
17are defined in section 101C.2, or the receipt of natural
18gas or propane service from a public utility as defined in
19section 476.1, by any person, business, municipality, or other
20wholesale or retail customer within or outside the county.
21 Sec. 2. Section 364.3, Code 2021, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 13. A city shall not adopt, enforce,
24or otherwise administer an ordinance, motion, resolution,
25or amendment, or use any other means, to restrict, impede,
26regulate, or prohibit effectively any of the following:
27a. The provision of natural gas service by a public utility
28as defined in section 476.1, a competitive natural gas provider
29as defined in section 476.86, or a retail propane marketer or
30retail propane dispenser as those terms are defined in section
31101C.2 to a person, business, municipality, or other wholesale
32or retail customer within or outside the incorporated area of
33the city.
34b. The purchase of natural gas or propane from a competitive
35natural gas provider as defined in section 476.86 or a retail
-1-1propane marketer or retail propane dispenser as those terms
2are defined in section 101C.2, or the receipt of natural
3gas or propane service from a public utility as defined in
4section 476.1, by any person, business, municipality, or other
5wholesale or retail customer within or outside the incorporated
6area of the city.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill prohibits a county or city from adopting,
11enforcing, or otherwise administering an ordinance, motion,
12resolution, or amendment, or using other means, to restrict,
13impede, regulate, or prohibit (1) the provision of natural
14gas service by a public utility, a competitive natural gas
15provider, a retail propane marketer, or a retail propane
16dispenser to a person, business, municipality, or other
17wholesale or retail customer within or outside the county or
18city, and (2) the purchase of natural gas or propane from a
19competitive natural gas provider, a retail propane marketer, or
20a retail propane dispenser, or the receipt of natural gas or
21propane service from a public utility, by any person, business,
22municipality, or other wholesale or retail customer within or
23outside the county or city.
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