Section 11-80-18 - Restrictions on certain lawful operations of motor fuel retailers prohibited(a) For the purposes of this section, the following terms have the following meanings: (1) GOVERNMENTAL ENTITY. The state or any political subdivision thereof, or any executive or legislative department, unit, agency, board, commission, or authority of the state, or any political subdivision thereof, or any public corporation, authority, agency, board, commission, or other governmental entity controlled by the state or by any political subdivision of the state.(2) MOTOR FUEL. All grades of gasoline, including gasohol or any gasoline blend, any components used in any gasoline blend, ethanol, number diesel, or any diesel blend, biodiesel, kerosene, all aviation fuels, and any other fuel dispensed from an on-site tank system for the purpose of fueling automobiles.(3) MOTOR FUEL RETAILER. A station or retail establishment that sells motor fuel.(4) RELATED TRANSPORTATION INFRASTRUCTURE. Storage tanks, pipelines, or any related equipment that is necessary to deliver motor fuel or motor fuel components for processing and ultimate delivery of motor fuel to a motor fuel retailer.(b) Except as otherwise provided in this section, and except as otherwise provided by Chapter 17 of Title 40, a governmental entity shall not adopt rules, regulations, requirements, ordinances, or resolutions that prohibit or restrict the lawful operation of motor fuel retailers or related transportation infrastructure otherwise complying with state and federal law based solely on the type of motor fuel sold, stored, processed, or delivered.(c) Nothing in this section shall be construed as affecting a governmental entity's authority to do any of the following:(1) Exercise police powers for public safety, including, but not limited to, review and approval of building permits or enforcement of building, fire, or other public safety codes.(2) Exercise police powers for public safety during a state of emergency or natural disaster.(3) Restrict the location of fuel retailers and related transportation infrastructure through zoning regulations, provided the restriction is not based solely on the type of motor fuel utilized by the motor fuel retailer.(4) License or permit a motor fuel retailer or related transportation infrastructure or regulate the use of rights-of-way by a motor fuel retailer or related transportation infrastructure; provided, however, that no license or permit may be denied based solely on the type of motor fuel utilized by the motor fuel retailer or related transportation infrastructure.Ala. Code § 11-80-18 (1975)
Added by Act 2022-354,§ 1, eff. 7/1/2022.