30-809. Consumer choice

A. Except as provided in subsection B of this section, during the initial construction of a residential structure, electric and natural gas facilities at a minimum shall be installed in and to the structure in a manner that provides the retail energy consumer ultimately residing in the structure with the capability to choose between electricity and natural gas as an energy source for each appliance application.

B. A residential structure may be constructed without the installation of any particular facilities if:

1. The structure is not located within the service territory of a public power entity that furnishes the associated energy service.

2. Unless mandated otherwise by law or governmental regulation, the public power entity that furnishes the associated energy notifies the contractor or owner that the extension of facilities to the structure is not economically feasible.

3. The public power entity that furnishes a particular energy service and the owner or contractor agree that the extension of facilities to the subdivision, to the structure or to any appliance application would not be economically feasible or would otherwise be inappropriate. In that case, the parties may agree not to install facilities in the subdivision, to install service to any or all residential structures without providing service to any appliance application or to install facilities to some but not all appliance applications.

C. Unless mandated by law or a generally accepted industry code, a person or entity, including municipal corporations and political subdivisions, shall not engage in any practice that interferes with the opportunity to have electric and natural gas facilities at a minimum installed in and to an existing residential structure in a manner that provides the retail energy consumer ultimately residing in the structure and all subsequent retail energy consumers residing in the structure with the capability to choose between electricity and natural gas as an energy source for each appliance application. This subsection does not apply to reasonable sales and marketing activities.

D. If a trench is provided by a contractor or a property owner for the purpose of having utility facilities installed to a residential structure, electric and natural gas facilities at a minimum shall be permitted to occupy the trench if the installation of the facilities is completed in compliance with generally accepted industry safety codes applicable to the installation. Except for underground conversion service areas prescribed by sections 40-341 through 40-355 and improvement districts for underground utility facilities prescribed by section 48-620, if the contractor or property owner conditions occupancy in a trench on a reimbursement of costs associated with providing the trench, the contractor or property owner may require an occupant to pay a pro rata share of the costs associated with providing the trench. A public power entity may use as a credit against the payment money paid through the public power entity's conduit or other reimbursement programs.

E. Before initiating a complaint with a public power entity or the commission, the parties to a dispute arising under subsections A through D of this section shall meet and in good faith attempt to resolve the dispute through an informal dispute resolution process. Compliance with this section does not require inspection or enforcement by a city, town or county.

F. After facilities have been installed initially in accordance with subsection A of this section, the public power entity, the homeowner, the home builder or the contractor are not responsible or liable for any subsequent modification to the number of initially installed facilities.