DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 355 Engrossed 2022 Regular Session Charles Owen
Abstract: Preempts parishes, municipalities, other local governmental entities, and public and
private groups from adopting regulations that would have the effect of prohibiting the siting,
development, or redevelopment of fuel retailers or necessary related transportation
infrastructure for providing fuel to fuel retailers.
Proposed law preempts parishes, municipalities, other local governmental entities, and public and
private groups from adopting ordinances, policies, resolutions, directives, executive orders, and other
regulations that prohibit the siting, development, or redevelopment of a fuel retailer or the related
transportation infrastructure that is necessary to provide fuel to fuel retailers within the entirety of
their jurisdictional boundaries within the appropriate zoning classification of each entity.
Proposed law defines "fuel retailer" as a fuel station or retail establishment that sells fuel. Defines
"related transportation infrastructure" as storage tanks, pipelines, or related equipment necessary to
deliver fuel to a fuel retailer.
Proposed law provides that nothing in proposed law preempts a parish, municipality, other local
governmental entity, or any public or private group having jurisdiction over a specific geographic
area from further defining and regulating fuel retailers or related transportation infrastructure.
(Adds R.S. 33:32)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial and
Cultural Affairs to the original bill:
1. Prohibit the adoption of any directive or executive order that prohibits the siting,
development, or redevelopment of a fuel retailer or related transportation infrastructure.
2. Remove provisions that prohibit the adoption of ordinances and other regulations that
result in defacto prohibition of a fuel retailer or related transportation infrastructure.
3. Remove provisions that prohibit requiring a fuel retailer to install or invest in a particular
kind of fueling infrastructure.
4. Remove provisions that authorize the adoption of ordinances and other regulations that are not inconsistent with state law regarding the siting, development, or redevelopment
of a fuel retailer or related transportation infrastructure.
5. Add provisions that authorize parishes, municipalities, other local governmental entities,
and public and private groups to further define and regulate fuel retailers and related
transportation infrastructure.