An Act to prohibit counties or municipalities from enacting or implementing the enactment or implementation of an ordinance, resolution, or policy that prohibits the connection or reconnection use of an energy or utility service.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 9-35 be amended with a NEW SECTION:

No municipality may enact or implement any ordinance, resolution, or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an the use of electric, natural gas, propane, or any other energy or utility service provided by a public utility, municipality, or cooperative utility or propane service as a type or class of energy service. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to prohibit an affect a prohibition on the use of electric, natural gas, propane, or any other energy or utility service as a type or class.

Section 2. That chapter 7-18 be amended with a NEW SECTION:

No county may enact or implement any ordinance, resolution, or policy that prohibits, or has the effect of prohibiting, the connection or reconnection of an the use of electric, natural gas, propane, or any other energy or utility service provided by a public utility, municipality, or cooperative utility or propane service as a type or class of energy service. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire code if the ordinance, regulation, or code is not used to prohibit an affect a prohibition on the use of electric, natural gas, propane, or any other energy or utility service as a type or class.