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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Carter, McCaughn, Seymour
SENATE BILL NO. 2062
AN ACT TO AMEND SECTION 75-99-1, MISSISSIPPI CODE OF 1972, TO 1
NAME THE CONSUMER FREEDOM OF CHOICE ACT; TO AMEND SECTION 75-99-3, 2
MISSISSIPPI CODE OF 1972, TO DEFINE "MOTOR VEHICLE" AND "FARM 3
EQUIPMENT"; TO AMEND SECTION 75-99-5, MISSISSIPPI CODE OF 1972, TO 4
PROHIBIT GOVERNMENTAL ENTITIES FROM ENACTING OR ENFORCING ANY 5
RESOLUTION, REGULATION, RULE, CODE OR POLICY TO TAKE ACTION THAT 6
RESTRICTS OR PROHIBITS USE OF MOTOR VEHICLES, TOOLS, AND FARM 7
EQUIPMENT BASED ON THE FUEL SOURCE REQUIRED FOR OPERATION; TO 8
AMEND SECTION 75-99-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND 9
FOR RELATED PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. Section 75-99-1, Mississippi Code of 1972, is 12
amended as follows: 13
75-99-1. This chapter shall be known and may be cited as the 14
Consumer Freedom of Choice * * * Act. 15
SECTION 2. Section 75-99-3, Mississippi Code of 1972, is 16
amended as follows: 17
75-99-3. For purposes of this chapter, the following terms 18
shall be defined as follows, unless the context clearly indicates 19
otherwise: 20
(a) "Governmental entity" means any agency, department, 21
institution, instrumentality, or political subdivision of the 22
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State of Mississippi, or any agency, department, institution of a 23
political subdivision. 24
(b) "Utility service" means electrical, natural gas, or 25
liquified petroleum (L.P.) gas service provided to an end user. 26
(c) "Appliance" means a device or apparatus which uses 27
a utility service for its energy operating requirements and has 28
been manufactured and designed to perform a specific task in a 29
domestic or household setting or manufactured and designed to 30
perform similar functions in a commercial or industrial setting. 31
The term "appliance" includes a device used for cooking, space 32
heating, water heating, or another end use. 33
(d) "Motor vehicle" has the meaning ascribed in Section 34
63-15-3. 35
(e) "Farm equipment" means equipment including, but not 36
limited to, tractors, trailers, combines, tillage implements, 37
bailers and other equipment including attachments and repair parts 38
thereof used in the planting, cultivating, irrigation, harvesting 39
and marketing of agricultural products, excluding self-propelled 40
machines designed primarily for the transportation of persons or 41
property on a street or highway. 42
SECTION 3. Section 75-99-5, Mississippi Code of 1972, is 43
amended as follows: 44
75-99-5. (1) A governmental entity shall not enact or 45
enforce any resolution, ordinance, regulation, rule, code * * * or 46
policy to take any action that restricts or prohibits, or has the 47
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effect of restricting or prohibiting, any person or entity from 48
using any appliance based on the type of utility service required 49
to operate the appliance. 50
(2) A governmental entity shall not enact or enforce any 51
resolution, ordinance, regulation, rule, code or policy to take 52
any action that restricts or prohibits, or has the effect of 53
restricting or prohibiting, the sale or use of any of the 54
following based on the type of fuel source used for operation: 55
(a) Motor vehicles; 56
(b) Tools including, but not limited to, generators, 57
lawn mowers, pressure washers, chainsaws, leaf blowers and weed 58
trimmers; and 59
(c) Farm equipment. 60
SECTION 4. Section 75-99-7, Mississippi Code of 1972, is 61
amended as follows: 62
75-99-7. Nothing in this chapter shall be construed as 63
affecting a governmental entity's authority to do the following: 64
(a) Require that utility services necessary to operate 65
an appliance be obtained from a provider that is authorized to do 66
business in the location. 67
(b) Prohibit the usage of any appliance, motor vehicle, 68
tool or farm equipment for an illegal purpose. 69
(c) Exercise existing police powers to review and 70
approve an application before building permits, or to otherwise 71
enforce building, fire, and other public safety codes or 72
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ST: Consumer Freedom of Choice Act; amend to
include motor vehicles, tools and farm
equipment.
subdivision regulations. However, no governmental entity may deny 73
a building permit or subdivision regulation application based 74
solely on the type of appliance and/or utility service proposed 75
for the project. 76
(d) * * * Take actions to ensure the safe use of 77
appliances, motor vehicles, tools and farm equipment in accordance 78
with the manufacturer's recommendations for usage. 79
SECTION 5. This act shall take effect and be in force from 80
and after July 1, 2026. 81