Consumer freedom of choice; protect in the purchase of farm equipment, vehicles and lawn tools., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Energy

By: Representatives Powell, Hale

House Bill 1073

(As Sent to Governor)

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.