Bill Summary – FastDemocracy

H.B. 130
                           GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                                Feb 15, 2023
                                       SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                   D
                                      HOUSE BILL DRH10051-TQ-3
     Short Title:    Preserving Choices for Consumers.                                             (Public)
     Sponsors:       Representative Arp.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO LIMIT CITIES AND COUNTIES FROM PROHIBITING CONSUMER CHOICE
     OF ENERGY SERVICE BASED UPON THE TYPE OR SOURCE OF ENERGY TO BE
     DELIVERED.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) Article 8 of Chapter 160A of the General Statutes is amended by
 adding a new section to read:
 "§ 160A-203.3. Limitations on regulation of energy choice.
     (a)     A city shall not adopt an ordinance that prohibits, or has the effect of prohibiting, the
 connection, reconnection, modification, or expansion of an energy service based upon the type
 or source of energy to be delivered to an individual or any other person as the end-user of the
 energy service.
     (b)     As used in this section, "energy service" means the energy source that a consumer
 may choose to use to illuminate, heat, or cool buildings; produce hot water; operate equipment;
 operate appliances; or any other similar activities, where the energy source is derived from one
 or more of a variety of sources such as natural gas, renewable gas, hydrogen, liquified petroleum
 gas, renewable liquified petroleum gas, or other liquid petroleum products and that is delivered
 to the consumer by an entity legally authorized to provide such service or electricity that is
 derived from one or more sources of electric generation and is delivered to the consumer by an
 entity legally authorized to provide such service and the distribution of the electricity occurs
 according to the territorial rights established by G.S. 62-110.2, 160A-331.2, or 160A-332. For
 purposes of this section, the terms "renewable gas" and "renewable liquified petroleum gas" shall
 mean gas derived from a renewable energy resource, as that term is defined by
 G.S. 62-133.8(a)(8).
     (c)     Nothing in this section shall be construed to (i) limit the ability of a city to choose the
 energy service for property owned by the city, (ii) prohibit a city from recovering reasonable
 costs associated with reviewing and issuing a permit, (iii) affect the authority of a city to manage
 or operate a city-owned utility, including a city's authority to require persons residing within their
 jurisdictions to obtain energy service from a city-owned utility or a joint municipal power agency
 of which they are a member, or (iv) impair a contract executed pursuant to G.S. 160A-322 prior
 to the effective date of this section for the supply of electric service."
             SECTION 1.(b) Article 6 of Chapter 153A of the General Statutes is amended by
 adding a new section to read:
 "§ 153A-145.11. Limitations on regulation of energy choice.
     (a)     A county shall not adopt an ordinance that prohibits, or has the effect of prohibiting,
 the connection, reconnection, modification, or expansion of an energy service based upon the
                                      *DRH10051-TQ-3*
     General Assembly Of North Carolina                                                    Session 2023
 type or source of energy to be delivered to an individual or any other person as the end-user of
 the energy service.
     (b)     As used in this section, "energy service" means the energy source that a consumer
 may choose to use to illuminate, heat, or cool buildings; produce hot water; operate equipment;
 operate appliances; or any other similar activities, where the energy source is derived from one
 or more of a variety of sources such as natural gas, renewable gas, hydrogen, liquified petroleum
 gas, renewable liquified petroleum gas, or other liquid petroleum products and that is delivered
 to the consumer by an entity legally authorized to provide such service or electricity that is
 derived from one or more sources of electric generation and is delivered to the consumer by an
 entity legally authorized to provide such service and the distribution of the electricity occurs
 according to the territorial rights established by G.S. 62-110.2, 160A-331.2, or 160A-332. For
 purposes of this section, the terms "renewable gas" and "renewable liquified petroleum gas" shall
 mean gas derived from a renewable energy resource, as that term is defined by
 G.S. 62-133.8(a)(8).
     (c)     Nothing in this section shall be construed to (i) limit the ability of a county to choose
 the energy service for property owned by the county, (ii) prohibit a county from recovering
 reasonable costs associated with reviewing and issuing a permit, or (iii) affect the authority of a
 county to manage or operate a county-owned utility, including a county's authority to require
 persons residing within their jurisdictions to obtain energy service from a county-owned utility."
             SECTION 2. This act is effective when it becomes law.
     Page 2                                                                            DRH10051-TQ-3
Statutes affected: 
Edition 3: 130A-309.06
Edition 4: 130A-309.06
Ratified: 130A-309.06
SL 2023-58: 130A-309.06