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Current as of March 28, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Arkansas Code Title 14. Local Government § 14-1-105. Discrimination on basis of energy source of utility service prohibited--Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-14-local-government/ar-code-sect-14-1-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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