46-1-6. Governmental entities prohibited from restricting or prohibiting utility service connection or sale of fuels based on type; ability to choose utility service.

As used in this Code section, the term:#

1. (1)

   “Governmental entity” means any:#

   1. (A)

      Municipality, public corporation, political subdivision, instrumentality, body politic, authority, district, consolidated government, county, or any board, commission, agency, department, or board of any such entity;#

   2. (B)

      State board, commission, agency, department, or board; or#

   3. (C)

      Other form of government.#

2. (2)

   “Policy” means an ordinance, resolution, regulation, code, or any other requirement imposed by a governmental entity.#

No governmental entity of this state shall adopt any policy that restricts or prohibits, or has the effect of restricting or prohibiting, based on the type or source of energy or fuel to be delivered or the appliance to be used:#

1. (1)

   The connection or reconnection of a customer to an electric utility, gas company, or natural, manufactured, or liquefied petroleum gas service;#

2. (2)

   Sales of liquefied petroleum gas, including, but not limited to, directly to a consumer by a retail establishment; or#

3. (3)

   Sales of other liquefied petroleum products.#

Nothing in this Code section shall limit the ability of a governmental entity to choose utility services for properties owned by such governmental entity.#