65.113 Consumer use of specified utility services and liquefied petroleum gas not to

260 words·~1 min read·/ky/65-113

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be restricted -- Authority of Public Service Commission and local government.

(1)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.

(2)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.

(3)As used in this section, "local government" means any city, county, urban-county

government, consolidated local government, unified local government, or charter

county government.