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

H. B. No. 1073 *HR26/R1498* ~ OFFICIAL ~ G1/2
26/HR26/R1498
PAGE 1 (ELS\KW)

To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Powell, Hale

HOUSE BILL NO. 1073

AN ACT TO PROTECT CONSUMER FREEDOM OF CHOICE IN THE PURCHASE 1
OF FARM EQUIPMENT, MOTOR VEHICLES AND LAWN TOOLS; TO AMEND SECTION 2
75-99-1, MISSISSIPPI CODE OF 1972, TO RENAME THE CONSUMER FREEDOM 3
OF CHOICE IN APPLIANCES ACT TO REFLECT THE PROVISIONS OF THIS ACT; 4
TO AMEND SECTION 75-99-3, MISSISSIPPI CODE OF 1972, TO DEFINE 5
TERMS; TO AMEND SECTION 75-99-5, MISSISSIPPI CODE OF 1972, TO 6
PROHIBIT GOVERNMENTAL ENTITIES FROM ENFORCING ANY REGULATION THAT 7
PROHIBITS OR RESTRICTS THE SALE OR USE OF FARM EQUIPMENT, MOTOR 8
VEHICLES OR LAWN TOOLS BASED ON FUEL SOURCE; TO AMEND SECTION 9
75-99-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NOTHING IN THIS 10
ACT SHALL AFFECT THE GOVERNMENTAL ENTITY'S AUTHORITY TO ENSURE THE 11
SAFE USE OF FARM EQUIPMENT, MOTOR VEHICLES AND LAWN TOOLS IN 12
ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS; TO BRING 13
FORWARD SECTION 27-55-539, MISSISSIPPI CODE OF 1972, FOR THE 14
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. Section 75-99-1, Mississippi Code of 1972, is 17
amended as follows: 18
75-99-1. This chapter shall be known and may be cited as the 19
Consumer Freedom of Choice * * * Act. 20
SECTION 2. Section 75-99-3, Mississippi Code of 1972, is 21
amended as follows: 22
H. B. No. 1073 *HR26/R1498* ~ OFFICIAL ~
26/HR26/R1498
PAGE 2 (ELS\KW)

75-99-3. For purposes of this chapter, the following terms 23
shall be defined as follows, unless the context clearly indicates 24
otherwise: 25
(a) "Appliance" means a device or apparatus that uses a 26
utility service for its energy operating requirements and has been 27
manufactured and designed to perform a specific task in a domestic 28
or household setting or manufactured and designed to perform 29
similar functions in a commercial or industrial setting. The term 30
"appliance" includes a device used for cooking, space heating, 31
water heating, or another end use. 32
(b) "Farm equipment" means equipment, including 33
attachments and repair parts thereof, used in the planting, 34
cultivating, irrigation, harvesting and marketing of agricultural 35
products. The term "farm equipment" includes, but is not limited 36
to, tractors, trailers, combines, tillage implements and bailers. 37
( * * *c) "Governmental entity" means any agency, 38
department, institution, instrumentality * * * or political 39
subdivision of the State of Mississippi, or any agency, 40
department * * * or institution of a political subdivision. 41
(d) "Motor vehicle" means that term as defined in 42
Section 63-17-55. 43
( * * *e) "Utility service" means electrical, natural 44
gas, or liquified petroleum (L.P.) gas service provided to an end 45
user. 46
* * * 47
H. B. No. 1073 *HR26/R1498* ~ OFFICIAL ~
26/HR26/R1498
PAGE 3 (ELS\KW)

SECTION 3. Section 75-99-5, Mississippi Code of 1972, is 48
amended as follows: 49
75-99-5. (1) A governmental entity shall not enact or 50
enforce any resolution, ordinance, regulation, rule, code * * * or 51
policy to take any action that restricts or prohibits, or has the 52
effect of restricting or prohibiting, any person or entity from 53
using any appliance based on the type of utility service required 54
to operate the appliance. 55
(2) A governmental entity shall not enact or enforce any 56
resolution, ordinance, regulation, rule, code or policy to take 57
any action that restricts or prohibits, or has the effect of 58
restricting or prohibiting, the sale or use of the following based 59
on the source of the fuel used to operate them: 60
(a) Farm equipment; 61
(b) Motor vehicles; or 62
(c) Lawn tools, including, but not limited to, 63
generators, lawn mowers, pressure washers, chain saws, leaf 64
blowers and weed trimmers. 65
SECTION 4. Section 75-99-7, Mississippi Code of 1972, is 66
amended as follows: 67
75-99-7. Nothing in this chapter shall be construed as 68
affecting a governmental entity's authority to do the following: 69
(a) Require that utility services necessary to operate 70
an appliance be obtained from a provider that is authorized to do 71
business in the location. 72
H. B. No. 1073 *HR26/R1498* ~ OFFICIAL ~
26/HR26/R1498
PAGE 4 (ELS\KW)
ST: Consumer freedom of choice; protect in the
purchase of farm equipment, vehicles and lawn
tools.
(b) Prohibit the usage of any appliance for an illegal 73
purpose. 74
(c) Exercise existing police powers to review and 75
approve an application before building permits, or to otherwise 76
enforce building, fire, and other public safety codes or 77
subdivision regulations. However, no governmental entity may deny 78
a building permit or subdivision regulation application based 79
solely on the type of appliance and/or utility service proposed 80
for the project. 81
(d) * * * Take actions to ensure the safe use of 82
appliances, farm equipment, motor vehicles and lawn tools in 83
accordance with the manufacturer's recommendations for usage. 84
SECTION 5. Section 27-55-539, Mississippi Code of 1972, is 85
brought forward as follows: 86
27-55-539. It shall be unlawful to use dyed diesel fuel or 87
kerosene in a motor vehicle on a highway unless that use is 88
permitted under Section 4082 of the Internal Revenue Code. A 89
person who operates on a highway a motor vehicle whose supply tank 90
contains dyed diesel fuel or kerosene whose use is unlawful under 91
this section shall be liable for a penalty of One Thousand Dollars 92
($1,000.00) which shall be in addition to any taxes that may be 93
due. 94
SECTION 6. This act shall take effect and be in force from 95
and after July 1, 2026. 96