Senate Bill 2062

AN ACT TO AMEND SECTION 75-99-1, MISSISSIPPI CODE OF 1972, TO NAME THE CONSUMER FREEDOM OF CHOICE ACT; TO AMEND SECTION 75-99-3, MISSISSIPPI CODE OF 1972, TO DEFINE "MOTOR VEHICLE" AND "FARM EQUIPMENT"; TO AMEND SECTION 75-99-5, MISSISSIPPI CODE OF 1972, TO PROHIBIT GOVERNMENTAL ENTITIES FROM ENACTING OR ENFORCING ANY RESOLUTION, REGULATION, RULE, CODE OR POLICY TO TAKE ACTION THAT RESTRICTS OR PROHIBITS USE OF MOTOR VEHICLES, TOOLS, AND FARM EQUIPMENT BASED ON THE FUEL SOURCE REQUIRED FOR OPERATION; TO AMEND SECTION 75-99-7, MISSISSIPPI CODE OF 1972, TO CONFORM; 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) "Governmental entity" means any agency, department, institution, instrumentality, or political subdivision of the State of Mississippi, or any agency, department, institution of a political subdivision.

(b) "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.

(d) "Motor vehicle" has the meaning ascribed in Section 63-15-3.

(e) "Farm equipment" means equipment including, but not limited to, tractors, trailers, combines, tillage implements, bailers and other equipment including attachments and repair parts thereof used in the planting, cultivating, irrigation, harvesting and marketing of agricultural products, excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway.

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 any of the following based on the type of fuel source used for operation:

(a) Motor vehicles;

(b) Tools including, but not limited to, generators, lawn mowers, pressure washers, chainsaws, leaf blowers and weed trimmers; and

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, motor vehicle, tool or farm equipment 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, motor vehicles, tools and farm equipment in accordance with the manufacturer's recommendations for usage.

SECTION 5. This act shall take effect and be in force from and after July 1, 2026.