§ 40:1730.21.1 — State preemption of natural gas utility service

Louisiana § 40:1730.21.1

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1730.21.1. State preemption of natural gas utility service
A. The regulation of a utility provider's authority to operate and serve customers is
a matter of statewide concern. No code, ordinance, land use restriction or general or specific
plan provision or part of a code, ordinance, land use regulation or general or specific plan
provision adopted by a parish or municipality may prohibit or have the effect of restricting
a person's or entity's ability to use the services of a utility provider that is capable and
authorized to provide the utility service at a person's or entity's property.
B. A parish or municipality may not deny a permit application based on the utility
provider proposed to provide utility service to the project.
C. A parish or municipality issuing a building permit shall ensure that all applicable
permits and associated fees assessed on a building permit applicant contain requirements and
amounts that do not exceed the requirements and amounts for use of other utility providers
and do not have the effect of restricting a permit applicant's ability to use the services of a
utility provider that is capable and authorized to provide utility service.
D. This Section does not prohibit a parish or municipality from recovering
reasonable costs associated with reviewing a building permit, issuing a building permit, and
performing inspections to verify code compliance.
E. A parish or municipality may not impose a fine, penalty, or other requirement that
has the effect of restricting a utility provider's authority to operate or serve customers.
F. This Section does not affect the authority of a parish or municipality to manage
the public highways within its boundaries or to exercise its police powers to review and
approve an application before issuing a permit to perform work in the public highways or to
enforce associated permit conditions.
G. This Section does not affect the authority of a parish or municipality to manage
or operate a publicly-owned utility.
H. For the purposes of this Section, "utility service" means natural gas provided to
an end user.
I. The provisions of this Section shall supersede any contrary provision of law.

Legislative History

Acts 2020, No. 46, §1.