Ark. Code § 14-1-105

Current with legislation from 2024 effective through May 3, 2024.
Section 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 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.

Ark. Code § 14-1-105

Added by Act 2021, No. 308,§ 1, eff. 7/28/2021.