Missoula County continues to oppose SB 228, Prohibit local governments from banning petroleum fuels, up on the House floor on Wednesday. This bill is intended to pre-empt local bans on gas stations, internal combustion engine vehicles and natural gas or propane appliances. These types of bans have been suggested in rare occasions in other states. To our knowledge, there are no local governments in Montana considering these types of bans, including Missoula County. This bill is concerning because of its broad nature and potential unintended consequences. The plain language of the bill restricts the power to “prohibit the purchase or use of... or the installation or use of” fuels derived from petroleum and vehicles, vessels, tools, or commercial and residential appliances that burn or transport petroleum fuels. This language implies that local governments must allow their installation and their use. We are concerned that the language may impact public health, safety and welfare concerns through restrictions on practical zoning and permitting laws. For example, this bill could unintentionally enable someone to run a tool in their machine shop without considerations of noise ordinances, air quality or other personal and public safety concerns.
Representatives,
ReplyDeleteMissoula County continues to oppose SB 228, Prohibit local governments from banning petroleum fuels, up on the House floor on Wednesday. This bill is intended to pre-empt local bans on gas stations, internal combustion engine vehicles and natural gas or propane appliances. These types of bans have been suggested in rare occasions in other states. To our knowledge, there are no local governments in Montana considering these types of bans, including Missoula County. This bill is concerning because of its broad nature and potential unintended consequences. The plain language of the bill restricts the power to “prohibit the purchase or use of... or the installation or use of” fuels derived from petroleum and vehicles, vessels, tools, or commercial and residential appliances that burn or transport petroleum fuels. This language implies that local governments must allow their installation and their use. We are concerned that the language may impact public health, safety and welfare concerns through restrictions on practical zoning and permitting laws. For example, this bill could unintentionally enable someone to run a tool in their machine shop without considerations of noise ordinances, air quality or other personal and public safety concerns.
Please oppose SB 228.