Energy Choice Laws

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Energy choice laws, generally speaking, protect our industry at the sub-state level. In essence these are preemption statutes that prevent local governments (e.g., municipalities, counties) from restricting access to an energy source simply based upon the type of energy to be provided. In addition to local jurisdictions, energy choice laws can also be extended to states themselves, which provides another level of protection.

The consumer choice legislative preemption model can also be used to safeguard market access to applications beyond buildings, such as engines and grills. For example, Oklahoma passed a law that prevents local governments from restricting access to a energy source, including specifically propane, that is used to power an engine. And Florida enacted protections for the use of outdoor gas grills, among other equipment.

The below 26 states that, collectively, represent 48% of gallons sold, have enacted energy choice laws to ensure local (and sometimes state) governments are not artificially removing propane from the buildings marketplace. Critically, this ensures propane remains an energy option for new residential homes and commercial buildings, as well as existing structures undergoing major renovations or change of use. Residential and commercial sales represent 75% of all gallons sold.

Notably, of the 20 states that grew faster than the national average (7.4%) between 2010-2020, 12 of them have enacted energy choice laws. As states experience strong population growth, new housing stock is built and new commercial buildings are constructed. And energy choice statutes ensure propane remains an energy option for these new structures.

Energy Choice Bills – Enacted