An Act to prohibit a ban of gas services and appliances used by consumers.

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

Section 1. That chapter 34-39 be amended with a NEW SECTION:

No state law, regulation, or executive order and no local ordinance or regulation may prohibit the use, production, manufacture, or transport of fuel gas or fuel gas appliances within the state. 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 the use, production, manufacture, or transport of fuel gas or fuel gas appliances within the state.

For the purposes of section 1 and 2 of this Act, the term, fuel gas, means natural gas or propane.

Section 2. That chapter 49-34A be amended with a NEW SECTION:

No state law, regulation, or executive order and no local ordinance or regulation may prohibit fuel gas utility service within the state. This section does not apply to a generally applicable zoning ordinance, building regulation, or fire if the ordinance, regulation, or code is not used to prohibit a fuel gas utility service within the state.