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Bill Summary Details

Express Preemption of Fuel Retailers and Related Transportation Infrastructure (Oppose – Preemption)

CS/CS/SB 856 (Hutson) and CS/CS/HB 839 (Fabricio) expressly preempt the regulation of fuel retailers and related transportation infrastructure to the state. The amended bills specify that local governments may not take actions that result in jurisdictionwide bans on gas stations or transportation infrastructure necessary to provide fuel to gas stations. The amended bills also prohibit local governments from requiring gas stations to install specific fueling infrastructure such as electric vehicle charging stations. CS/CS/HB 839 preserves the authority of local governments to take actions or apply regulations relating to the siting, development or redevelopment of gas stations and related infrastructure if such actions do not result in a de facto prohibition within zoning or land use classifications where such infrastructure is consistent with other allowable uses. CS/CS/SB 856 preserves the authority of local governments to take actions or apply regulations relating to the siting, development or redevelopment of gas stations and related infrastructure if such actions do not result in a de facto, jurisdictionwide prohibition of such gas stations or infrastructure. (O’Hara)