2021 Kentucky Revised Statutes Chapter 65 - General provisions applicable to counties, cities, and other local units 65.113 Consumer use of specified utility services and liquefied petroleum gas not to be restricted -- Authority of Public Service Commission and local government.
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65.113 Consumer use of specified utility services and liquefied petroleum gas not to
be restricted -- Authority of Public Service Commission and local government.
(1)
(2)
(3)
Except as provided in subsection (2) of this section, no law, ordinance, policy,
resolution, code, or other form of executive, administrative, or legislative action
shall be enacted, adopted, or enforced that has the purpose or effect of prohibiting,
discriminating against, restricting, limiting, or impairing, based upon the energy
source, a consumer's ability to use:
(a) The utility services that are described in KRS 278.010(3)(a), (b), or (c) and
that are provided by a utility that is regulated by the Public Service
Commission under KRS Chapter 278 or is otherwise incorporated under KRS
Chapter 279; or
(b) Liquefied petroleum gas as defined in KRS 234.100.
Nothing in this section shall be interpreted or construed to prohibit or alter the
powers and authority of the Public Service Commission under KRS Chapter 278, or
the ability of a local government to act in any manner under the laws of the
Commonwealth in all matters other than those enumerated in subsection (1) of this
section, including but not limited to the power to act:
(a) Pursuant to authority granted under KRS Chapter 100;
(b) Pursuant to authority granted under Sections 163 and 164 of the Kentucky
Constitution and any law enacted pursuant to those sections; and
(c) Through the local government or its utilities to provide any lawful utility
service to its customers pursuant to state law.
As used in this section, "local government" means any city, county, urban-county
government, consolidated local government, unified local government, or charter
county government.
Effective: June 29, 2021
History: Created 2021 Ky. Acts ch. 120, sec. 1, effective June 29, 2021.
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