S119 - GSC Technical Corrections 2015, Sec. 56.2: Local Ordinances Regulating Energy Activities Invalid (SL 2015-264)

Overview: Sec. 56.2 of S.L. 2015-264 amends the statute governing local regulation of oil and gas activities to prohibit local ordinances that regulate, or have the effect of regulating, oil and gas activities within a jurisdiction, and provides that ordinances that place any restriction or condition not placed by the statutes governing oil and gas activities and use of horizontal drilling or hydraulic fracturing for that purpose are invalid and unenforceable. Prior to enactment of this section of Senate Bill 119, the statute in question preempted local ordinances that prohibit, or have the effect of prohibiting, oil and gas activities within a jurisdiction. This provision is effective retroactively to June 4, 2014.

In addition, this section amends a statute that prohibits local ordinances that regulate, or have the effect of regulating, coal ash management activities, to clarify that such ordinances are "unenforceable," in addition to being invalid. This provision is effective retroactively to August 20, 2014.