SB 2077
(6) A local action to establish, maintain, or enforce exclusive service areas for the provision of electric or natural gas services in accordance with state law;
(7) A local action arising from:
(A) Authority granted to administer a program in lieu of the department of environment and conservation regarding protection of human health, safety, or the environment if the grant of authority is authorized by federal or state statute or regulation;
(B) A permit or coverage under a permit issued by the department of
environment and conservation or a permit by rule; or
(C) The groundwater protection program or the drinking water program administered by the department of environment and conservation, including, but not limited to, measures designed to be protective within designated source water or wellhead protection areas as defined in programs administered by the department of environment and conservation under authority of the federal Safe Drinking Water Act (42 U.S.C. § 300f et seq.); or (8) Reasonable police powers of a political subdivision to regulate the siting, construction, maintenance, or expansion of energy or industrial infrastructure along, over, or under the highways and streets within the political subdivision's corporate limits in order to reduce or prevent the risk of an imminent and substantial threat to human safety from the performance of those activities, including a political subdivision's right to charge reasonable, cost-based compensation for the use of the political subdivision's highways and streets. However: (A) A political subdivision does not have the right to prevent or prohibit a distributor, retailer, or wholesaler from constructing, expanding, or maintaining energy or industrial infrastructure within the limits of the political subdivision, so long as the energy or industrial infrastructure is being constructed, maintained, or expanded within the political subdivision in accordance with reasonable police powers regulations as described in this subdivision (c)(8); and (B) This subdivision (c)(8) does not grant police powers to a political subdivision on matters of siting, construction, maintenance, or expansion of energy or industrial infrastructure subject to regulation by state or federal agencies. (d) This section does not expand or alter the jurisdiction of a governmental entity charged with oversight of public utilities or electric utilities. (e) This section does not expand or alter the regulation of wind energy facility siting provided in title 65, chapter 17.
(f) This section does not alter:
(1) Exclusive rights to provide electric or natural gas services under state law; or (2) Exclusive service areas for the provision of electric or natural gas services under state law. (g) This section does not allow an entity listed in subdivisions (a)(1 )-(6) to provide electric or natural gas services within the exclusive service area of another provider of electric or natural gas services. (h) Any aspect of a local action that violates subsection (a) or (b) that existed on or before the effective date of this act is preempted by this part and void.
7-51-2203. Conflict with federal law.
If this part conflicts with federal law requirements pertaining to the types of energy sources or industrial materials used, delivered, converted, or supplied by the entities described in § 7-51-2202(a)(1)-(6) to serve customers, then the federal law controls to the extent that this part conflicts with such federal law.
3
Made with FlippingBook - Online Brochure Maker