MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Energy

By: Representative Powell

House Bill 1073

AN ACT TO PROTECT CONSUMER FREEDOM OF CHOICE IN THE PURCHASE OF FARM EQUIPMENT, MOTOR VEHICLES AND LAWN TOOLS; TO AMEND SECTION 75-99-1, MISSISSIPPI CODE OF 1972, TO RENAME THE CONSUMER FREEDOM OF CHOICE IN APPLIANCES ACT TO REFLECT THE PROVISIONS OF THIS ACT; TO AMEND SECTION 75-99-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO AMEND SECTION 75-99-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT GOVERNMENTAL ENTITIES FROM ENFORCING ANY REGULATION THAT PROHIBITS OR RESTRICTS THE SALE OR USE OF FARM EQUIPMENT, MOTOR VEHICLES OR LAWN TOOLS BASED ON FUEL SOURCE; TO AMEND SECTION 75-99-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NOTHING IN THIS ACT SHALL AFFECT THE GOVERNMENTAL ENTITY'S AUTHORITY TO ENSURE THE SAFE USE OF FARM EQUIPMENT, MOTOR VEHICLES AND LAWN TOOLS IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS; TO BRING FORWARD SECTION 27-55-539, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 75-99-1, Mississippi Code of 1972, is amended as follows:

     75-99-1.  This chapter shall be known and may be cited as the Consumer Freedom of Choice * * * in Appliances Act.

     SECTION 2.  Section 75-99-3, Mississippi Code of 1972, is amended as follows:

     75-99-3.  For purposes of this chapter, the following terms shall be defined as follows, unless the context clearly indicates otherwise:

(a)  "Appliance" means a device or apparatus that uses a utility service for its energy operating requirements and has been manufactured and designed to perform a specific task in a domestic or household setting or manufactured and designed to perform similar functions in a commercial or industrial setting.  The term "appliance" includes a device used for cooking, space heating, water heating, or another end use.

(b)  "Farm equipment" means equipment, including attachments and repair parts thereof, used in the planting, cultivating, irrigation, harvesting and marketing of agricultural products.  The term "farm equipment" includes, but is not limited to, tractors, trailers, combines, tillage implements and bailers.

          ( * * *ac)  "Governmental entity" means any agency, department, institution, instrumentality * * *, or political subdivision of the State of Mississippi, or any agency, department * * *, or institution of a political subdivision.

(d)  "Motor vehicle" means that term as defined in Section 63-17-55.

          ( * * *be)  "Utility service" means electrical, natural gas, or liquified petroleum (L.P.) gas service provided to an end user.

 * * *(c)  "Appliance" means a device or apparatus which uses a utility service for its energy operating requirements and has been manufactured and designed to perform a specific task in a domestic or household setting or manufactured and designed to perform similar functions in a commercial or industrial setting.  The term "appliance" includes a device used for cooking, space heating, water heating, or another end use.

     SECTION 3.  Section 75-99-5, Mississippi Code of 1972, is amended as follows:

     75-99-5.  (1)  A governmental entity shall not enact or enforce any resolution, ordinance, regulation, rule, code * * *, or policy to take any action that restricts or prohibits, or has the effect of restricting or prohibiting, any person or entity from using any appliance based on the type of utility service required to operate the appliance.

(2)  A governmental entity shall not enact or enforce any resolution, ordinance, regulation, rule, code or policy to take any action that restricts or prohibits, or has the effect of restricting or prohibiting, the sale or use of the following based on the source of the fuel used to operate them:

(a)  Farm equipment;

(b)  Motor vehicles; or

(c)  Lawn tools, including, but not limited to, generators, lawn mowers, pressure washers, chain saws, leaf blowers and weed trimmers.

     SECTION 4.  Section 75-99-7, Mississippi Code of 1972, is amended as follows:

     75-99-7.  Nothing in this chapter shall be construed as affecting a governmental entity's authority to do the following:

          (a)  Require that utility services necessary to operate an appliance be obtained from a provider that is authorized to do business in the location.

          (b)  Prohibit the usage of any appliance for an illegal purpose.

          (c)  Exercise existing police powers to review and approve an application before building permits, or to otherwise enforce building, fire, and other public safety codes or subdivision regulations.  However, no governmental entity may deny a building permit or subdivision regulation application based solely on the type of appliance and/or utility service proposed for the project.

          (d)  * * *Taking Take actions to ensure the safe use of appliances, farm equipment, motor vehicles and lawn tools in accordance with the manufacturer's recommendations for usage.

     SECTION 5.  Section 27-55-539, Mississippi Code of 1972, is brought forward as follows:

     27-55-539.  It shall be unlawful to use dyed diesel fuel or kerosene in a motor vehicle on a highway unless that use is permitted under Section 4082 of the Internal Revenue Code.  A person who operates on a highway a motor vehicle whose supply tank contains dyed diesel fuel or kerosene whose use is unlawful under this section shall be liable for a penalty of One Thousand Dollars ($1,000.00) which shall be in addition to any taxes that may be due.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2026.

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