§ 14-1-109 — Underground gas storage facilities, fuel retailers, and related transportation infrastructure - Certain regulations and ordinances prohibited - Exceptions - Definitions

(a) As used in this section: (1) "Fuel retailer" means a fuel station or retail establishment that sells fuel to provide power to vehicles; and (2) "Related transportation infrastructure" means storage tanks, pipelines, or any related equipment that is necessary to deliver fuel to a fuel retailer or dispense fuel at a fuel retailer. (b) A municipality, county, special district, or political subdivision shall not: (1) Adopt a law, ordinance, regulation, policy, or resolution that prohibits the siting, developing, or redeveloping of an underground gas storage facility described in the Underground Storage of Gas Law, § 15-72-601 et seq., fuel retailer, or the related transportation infrastructure within the entirety of the jurisdictional boundary of the municipality, county, special district, or political subdivision; (2) Adopt or apply a law, ordinance, regulation, policy, or resolution that results in the de facto prohibition of a fuel retailer or the related transportation infrastructure within the entirety of the jurisdictional boundary of a municipality, county, special district, or political subdivision; or (3) Require a fuel retailer to install or invest in a particular kind of fueling infrastructure, including without limitation electric vehicle charging stations. (c) This section does not prohibit a municipality, county, special district, or political subdivision from adopting and implementing a law, ordinance, regulation, policy, or resolution that is not otherwise inconsistent with law relating to the siting, developing, or redeveloping of fuel retailers or related transportation infrastructure if the law, ordinance, regulation, policy, or resolution does not result in a prohibition of gas storage facilities, fuel retailers, or related transportation infrastructure from being sited, developed, or redeveloped within zoning or land use classifications where the related transportation infrastructure is consistent with allowable uses.

Legislative History

Added by Act 2023, No. 551,§ 1, eff. 8/1/2023.