Tracking Abuse of Preemption Legislation in the States: March 22, 2023

During the 2023 state legislative session Local Solutions Support Center (LSSC) is publishing a regular digest summarizing notable abusive preemption bills and their progress through session. An archive of 2023 updates is here. Additional information on what abusive preemption is and how LSSC is working to combat it can be found here.  If you would like additional information on these bills or if you would like to discuss potential opportunities for tracking collaboration, please contact tracking@supportdemocracy.org.

Since January, GOP state lawmakers have introduced hundreds of preemption bills for consideration. As expected, themes from the 2022 legislative session – namely, preemption of education, elections, and LGBTQ rights – continue to dominate this year's session. LSSC is currently tracking over 500 abusive preemption bills. Below is a breakdown by the numbers:

  • Abortion – 97

  • Education – 138

  • Elections – 70

  • Housing – 14

  • LGBTQ+ – 84

  • Prosecutorial Discretion – 7

  • TOTAL – 569

Housing Preemption

As local governments are struggling with diminishing housing supply, several states have proposed bills that will restrict local regulation of short-term rentals, which are taking units off the market and exacerbating housing supply issues. This type of preemption is not new – before 2020, 8 states preempted local regulation of short-term rentals – and we are continuing to see this trend persist:

  • IA SF 347: This bill would prohibit any city or county with a population of over 75,000 from regulating short-term rental properties or requiring a license or permit fee for short-term rentals.

  • TX HB 2665: This bill would ban municipalities from prohibiting the use of property for short-term rentals, regulating the duration or frequency of use for short-term rentals, or limiting the number of occupants in a short-term rental property. 

Environmental Preemption

State legislators continue to use preemption to target local environmental policies. In particular, Florida has sought to expand the scope of the state’s control over environmental regulation as well as use preemption to prevent the regulation of gas appliances:

  • FL HB 1197: This bill would preempt counties and municipalities from regulating water quality,pollution control, and pollution prevention or removal,instead making the state the exclusive regulatory authority for water issues.

  • FL HB 1281/SB 1256: This bill would prevent any municipality from adopting a law that restricts or prohibits or appears to restrict or prohibit gas stoves or grills.

2023 Update – March 22Adam PolaskiElections, LGBTQ Preemption, Environmental Preemption