Arkansas § 14-1-105 Discrimination on basis of energy source of utility service prohibited - Definitions

Arkansas Statutes

§ 14-1-105 — Discrimination on basis of energy source of utility service prohibited - Definitions

(a)A local government shall not enact or adopt any ordinance, policy, or action that infringes, prohibits, or otherwise impairs the right of a customer to purchase, use, connect, or reconnect to a utility service, or to install in a building or other structure wires, pipes, or other conduits for the purpose of purchasing, using, connecting, or reconnecting to a utility service, on the basis of the energy source of the utility service to be delivered to the customer.

(b)As used in this section:

(1)"Customer" means an individual or entity that purchases a utility service;

(2)"Energy source" means the method of generation or fuel source that is used to provide or supply a utility service to a customer, including without limitation a nonrenewable or renewable energy resource;

(3)"Local go

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(a) A local government shall not enact or adopt any ordinance, policy, or action that infringes, prohibits, or otherwise impairs the right of a customer to purchase, use, connect, or reconnect to a utility service, or to install in a building or other structure wires, pipes, or other conduits for the purpose of purchasing, using, connecting, or reconnecting to a utility service, on the basis of the energy source of the utility service to be delivered to the customer. (b) As used in this section: (1) "Customer" means an individual or entity that purchases a utility service; (2) "Energy source" means the method of generation or fuel source that is used to provide or supply a utility service to a customer, including without limitation a nonrenewable or renewable energy resource; (3) "Local government" means: (A) A county; (B) A city of the first class, a city of the second class, or an incorporated town; or (C) Any other district or political subdivision of the state or an agency, board, or commission of such a district or political subdivision; and (4) (A) "Utility service" means a service: (i) Provided by a utility regulated by the Arkansas Public Service Commission under § 23-4-201 ; and (ii) That is related to: (a) The generation, production, transmission, or distribution of electricity: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use; or (b) The production, manufacture, storage, distribution, sale, or furnishing of natural, renewable, or manufactured gas or a mixture of gases: (1) To or for the public; (2) For compensation; and (3) For lighting, heat, power, cooking, or any similar use. (B) "Utility service" includes services provided by a Liquefied Petroleum Gas Board-permitted propane gas provider: (i) To or for the public; (ii) For compensation; and (iii) For lighting, heat, power, cooking, or any similar use.

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