AL
Alabama Senate Bill SB182

Alabama 2022 Regular Session

Alabama Senate Bill SB182 Compare Versions

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11 1 SB182
2-2 216970-2
2+2 216970-1
33 3 By Senator Livingston
44 4 RFD: Fiscal Responsibility and Economic Development
55 5 First Read: 03-FEB-22
66
7-Page 0 SB182
8-1 SB182
9-2
10-3
11-4 ENROLLED, An Act,
12-5 Relating to motor fuel; to prohibit the restriction
13-6 of certain lawful operations of motor fuel retailers based
14-7 solely on the type of motor fuel sold by, processed, or
15-8 delivered to motor fuel retailers.
16-9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17-10 Section 1. (a) For the purposes of this section, the
18-11 following terms shall have the following meanings:
19-12 (1) GOVERNMENTAL ENTITY. The state or any political
20-13 subdivision thereof, or any executive or legislative
21-14 department, unit, agency, board, commission, or authority of
22-15 the state, or any political subdivision thereof, or any public
23-16 corporation, authority, agency, board, commission, or other
24-17 governmental entity controlled by the state or by any
25-18 political subdivision of the state.
26-19 (2) MOTOR FUEL. All grades of gasoline, including
27-20 gasohol or any gasoline blend, any components used in any
28-21 gasoline blend, ethanol, number diesel, or any diesel blend,
29-22 biodiesel, kerosene, all aviation fuels, and any other fuel
30-23 dispensed from an on-site tank system for the purpose of
31-24 fueling automobiles.
32-Page 1 SB182
33-1 (3) MOTOR FUEL RETAILER. A station or retail
34-2 establishment that sells motor fuel.
35-3 (4) RELATED TRANSPORTATION INFRASTRUCTURE. Storage
36-4 tanks, pipelines, or any related equipment that is necessary
37-5 to deliver motor fuel or motor fuel components for processing
38-6 and ultimate delivery of motor fuel to a motor fuel retailer.
39-7 (b) Except as otherwise provided in this act, and
40-8 except as otherwise provided by Chapter 17 of Title 40, Code
41-9 of Alabama 1975, a governmental entity shall not adopt rules,
42-10 regulations, requirements, ordinances, or resolutions that
43-11 prohibit or restrict the lawful operation of motor fuel
44-12 retailers or related transportation infrastructure otherwise
45-13 complying with state and federal law based solely on the type
46-14 of motor fuel sold, stored, processed, or delivered.
47-15 (c) Nothing in this section shall be construed as
48-16 affecting a governmental entity's authority to do any of the
49-17 following:
50-18 (1) Exercise police powers for public safety,
51-19 including, but not limited to, review and approval of building
52-20 permits or enforcement of building, fire, or other public
53-21 safety codes.
54-22 (2) Exercise police powers for public safety during
55-23 a state of emergency or natural disaster.
56-24 (3) Restrict the location of fuel retailers and
57-25 related transportation infrastructure through zoning
58-Page 2 SB182
59-1 regulations, provided the restriction is not based solely on
60-2 the type of motor fuel utilized by the motor fuel retailer.
61-3 (4) License or permit a motor fuel retailer or
62-4 related transportation infrastructure or regulate the use of
63-5 rights-of-way by a motor fuel retailer or related
64-6 transportation infrastructure; provided, however, that no
65-7 license or permit may be denied based solely on the type of
66-8 motor fuel utilized by the motor fuel retailer or related
67-9 transportation infrastructure.
68-10 Section 2. This act shall become effective on the
69-11 first day of the third month following its passage and
70-12 approval by the Governor, or its otherwise becoming law.
71-Page 3 SB182
72-1
7+Page 0 1 216970-1:n:02/03/2022:CMH*/bm LSA2022-521
738 2
749 3
7510 4
76-President and Presiding Officer of the Senate
77-
7811 5
79-6 Speaker of the House of Representatives
80-SB1827
81-8 Senate 09-MAR-22
82-9 I hereby certify that the within Act originated in and passed
83-10 the Senate.
84-11
85-12 Patrick Harris,
86-13 Secretary.
87-14
88-15
89-16
90-17 House of Representatives
91-18 Passed: 05-APR-22
92-19
93-20
94-21 By: Senator Livingston
95-Page 4
12+6
13+7
14+8 SYNOPSIS: This bill would prohibit any governmental
15+9 entity of the state from adopting rules,
16+10 requirements, ordinances, or resolutions to
17+11 prohibit the otherwise lawful operation of motor
18+12 fuel retailers that are operating in compliance
19+13 with existing state and federal law, when such
20+14 rule, requirement, ordinance, or resolution is
21+15 based solely on the type of motor fuel sold,
22+16 processed, or delivered.
23+17
24+18 A BILL
25+19 TO BE ENTITLED
26+20 AN ACT
27+21
28+22 Relating to motor fuel; to prohibit the restriction
29+23 of certain lawful operations of motor fuel retailers based
30+24 solely on the type of motor fuel sold by, processed, or
31+25 delivered to motor fuel retailers.
32+26 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33+Page 1 1 Section 1. (a) For the purposes of this section, the
34+2 following terms shall have the following meanings:
35+3 (1) GOVERNMENTAL ENTITY. The state or any political
36+4 subdivision thereof, or any executive or legislative
37+5 department, unit, agency, board, commission, or authority of
38+6 the state, or any political subdivision thereof, or any public
39+7 corporation, authority, agency, board, commission, or other
40+8 governmental entity controlled by the state or by any
41+9 political subdivision of the state.
42+10 (2) MOTOR FUEL. All grades of gasoline, including
43+11 gasohol or any gasoline blend, any components used in any
44+12 gasoline blend, ethanol, number diesel, or any diesel blend,
45+13 biodiesel, kerosene, all aviation fuels, and any other fuel
46+14 dispensed from an on-site tank system for the purpose of
47+15 fueling automobiles.
48+16 (3) MOTOR FUEL RETAILER. A station or retail
49+17 establishment that sells motor fuel.
50+18 (4) RELATED TRANSPORTATION INFRASTRUCTURE. Storage
51+19 tanks, pipelines, or any related equipment that is necessary
52+20 to deliver motor fuel or motor fuel components for processing
53+21 and ultimate delivery of motor fuel to a motor fuel retailer.
54+22 (b) Except as otherwise provided in this act, and
55+23 except as otherwise provided by Chapter 17 of Title 40, Code
56+24 of Alabama 1975, a governmental entity shall not adopt rules,
57+25 regulations, requirements, ordinances, or resolutions that
58+26 prohibit or restrict the lawful operation of motor fuel
59+27 retailers or related transportation infrastructure otherwise
60+Page 2 1 complying with state and federal law based solely on the type
61+2 of motor fuel sold, stored, processed, or delivered.
62+3 (c) Nothing in this section shall be construed as
63+4 affecting a governmental entity's authority to do any of the
64+5 following:
65+6 (1) Exercise police powers for public safety,
66+7 including, but not limited to, review and approval of building
67+8 permits or enforcement of building, fire, or other public
68+9 safety codes.
69+10 (2) Exercise police powers for public safety during
70+11 a state of emergency or natural disaster.
71+12 (3) Restrict the location of fuel retailers and
72+13 related transportation infrastructure through zoning
73+14 regulations, provided the restriction is not based solely on
74+15 the type of motor fuel utilized by the motor fuel retailer.
75+16 (4) License or permit a motor fuel retailer or
76+17 related transportation infrastructure or regulate the use of
77+18 rights-of-way by a motor fuel retailer or related
78+19 transportation infrastructure; provided, however, that no
79+20 license or permit may be denied based solely on the type of
80+21 motor fuel utilized by the motor fuel retailer or related
81+22 transportation infrastructure.
82+23 Section 2. This act shall become effective on the
83+24 first day of the third month following its passage and
84+25 approval by the Governor, or its otherwise becoming law.
85+Page 3