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Senate withdraws controversial bill restricting fuel-based local rules after lengthy debate
Summary
Senators debated House Bill 13-89, which would have barred units of government and homeowners associations from restricting the sale, use or lease of motor vehicles or outdoor equipment on the basis of their power source. After extended floor debate raising zoning, contract and HOA concerns, the sponsor withdrew the bill for revision.
Senators spent more than an hour debating House Bill 13-89 on April 8, 2025, a measure that would have prohibited local governments, neighborhood associations and homeowners associations from adopting ordinances or contracts that "prohibit or restrict the sale, use, or lease of a motor vehicle or outdoor equipment" based on the fuel source powering that equipment.
Sponsor Senator Timothy Dorio told the Senate the bill aimed to prevent local prohibitions that single out gasoline- or battery-powered vehicles. "As I understand the bill, it's saying a unit can't say you cannot sellelectric vehicle because I only want gas vehicles sold in here," Dorio said, and he added that the bill was not meant to change local zoning: "I do not believe this changes county or city zoning."
Several senators raised practical and constitutional concerns. Senator Erin Young warned the provision would effectively void homeowners' contracts. "It says that they can't enforce a rule in their contract. I don't understand why we would do that," she said, arguing that buyers enter HOAs on the basis of existing covenants and those covenants should not be overridden by state law without clearer justification. Senator Taylor added that the provision could remove tools local governments use to manage neighborhood aesthetics and land use.
Other members pressed technical questions about definitions and unintended consequences. Senator Hundley raised examples — including towable Airstreams used as short-term rentals and food trucks — and asked whether the bill would prevent local units from regulating such uses. Dorio responded that the bill was not intended to override zoning or capacity restrictions.
After extended floor discussion and multiple questions about scope and constitutional impact, Senator Dorio said, "on advice of counsel, I'd like to withdraw my call, and we're gonna take a look at this." The chair accepted the withdrawal; no final passage vote was taken. The sponsor indicated he would revise the language and bring it back at a later date.
The debate highlighted the difficulty of crafting statewide rules that reach into homeowners' contracts and local zoning, and underscored lawmakers' concern about unintended consequences for land use, neighborhood covenants and municipal regulation.
