SB 2077
(9) "Wholesaler" means a party engaging in the bulk purchase and sale of energy products or industrial materials in the wholesale market for the purposes of reselling energy or industrial materials to a retailer.
7-51-2202. Prohibited policies.
(a) A political subdivision of this state shall not, arising from or as a result of a local action, prohibit the development and implementation of the types or sources of energy that may be used, delivered, converted, or supplied by the following entities: (1) An electric utility, an electric cooperative, or an electric system that is owned or operated by a political subdivision; (2) An entity that generates, sells, or transmits electrical energy in accordance with all applicable requirements of state and federal law;
(3) A gas utility or a gas system that is owned or operated by a political subdivision;
(4) A gas transmission company;
(5) A liquefied petroleum gas dealer, liquefied petroleum gas dispenser, or liquefied petroleum gas cylinder exchange operator; or
(6) Other liquid petroleum transmission, distribution, retail, or storage entities.
(b) A local action of a political subdivision is preempted and void if the local action, directly or indirectly, is or acts as: (1) A de facto prohibition of the siting, or a prohibition of construction, expansion, or maintenance, of energy, industrial, or related transportation infrastructure within the jurisdictional boundary of a political subdivision. When determining whether a local action results in a de facto prohibition, factors to consider include, but are not limited to, the following:
(A) A fee imposed;
(B) An unreasonable timeframe for a ministerial action; and
(C) The local action's effect on the feasibility of the project;
(2) Regulation or enforcement of safety standards for interstate or intrastate pipeline facilities or interstate or intrastate pipeline transportation as those terms are defined in 49 U.S.C. § 60101; or (3) A prohibition on the ability of a distributor, retailer, wholesaler, or other energy or industrial infrastructure entity to exercise its rights provided by state or federal law related to the siting of energy infrastructure or industrial infrastructure.
(c) This section does not prevent or preempt:
(1) A political subdivision that owns or operates an electric or natural gas system from promulgating rules, regulations, or policies related to the electric or natural gas system; (2) A local action that is state-authorized, ministerial in nature pertaining to land use, generally applicable to similar types of commercial and industrial activities, and necessary to provide a public benefit; (3) A local action that affects facilities for the transmission, distribution, collection, conversion, and use of solar energy; (4) A local action to require a franchise from a political subdivision prior to providing electric or natural gas services within the jurisdictional boundaries of the political subdivision in accordance with state law; (5) A local action to grant, deny, amend, or revoke a franchise to provide electric or natural gas services within the jurisdictional boundaries of the political subdivision in accordance with state law;
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