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To: Energy
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Carter
SENATE BILL NO. 2308
AN ACT TO AMEND SECTION 57-39-21, MISSISSIPPI CODE OF 1972, 1
TO EXTEND THE DATE OF REPEAL ON CERTAIN STANDARDS THAT PROMOTE 2
EFFICIENT ENERGY USE TO BE IMPLEMENTED DURING THE DESIGN, 3
DIRECTION, CONSTRUCTION AND ALTERATION OF CERTAIN BUILDINGS; AND 4
FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 57-39-21, Mississippi Code of 1972, is 7
amended as follows: 8
57-39-21. (1) The Mississippi Development Authority, in 9
consultation with other appropriate professional groups and 10
organizations, and others knowledgeable in the subject, shall 11
review, amend and adopt, in accordance with Standard 90.1- 2016 of 12
the American Society of Heating, Refrigeration and 13
Air-Conditioning Engineers, energy code standards for building 14
construction, standards for computer-based energy management 15
systems, standards for systems for cogeneration of heating, 16
cooling and electricity, and standards for design to use passive 17
solar energy concepts, in order to promote the efficient use of 18
energy. For the purposes of this section, "building" shall mean 19
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any structure which includes provisions for a heating or cooling 20
system, or both, or for a hot water system, except exempted 21
buildings. Unless it is an exempted building, each of the 22
following are examples of buildings, within the meaning of this 23
section: 24
(a) Any building which provides facilities or shelter 25
for public assembly, or which is used for educational, office or 26
institutional purposes; 27
(b) Any inn, hotel, motel, sports arena, supermarket, 28
transportation terminal, retail store, restaurant or other 29
commercial establishment which provides service or retail 30
merchandise; 31
(c) Any portion of an industrial plant building used 32
primarily as office space; and 33
(d) Any building owned by a state or political 34
subdivision or instrumentality thereof, including libraries, 35
museums, schools, hospitals, auditoriums, sports arenas and 36
university buildings. 37
(2) Exempt buildings shall include: 38
(a) Buildings and structures or portions thereof whose 39
peak design rate of energy usage is less than three and 40
four-tenths (3.4) British thermal units per hour per square foot 41
or one (1.0) watt per square foot of floor area for all purposes; 42
(b) Buildings and structures or portions thereof which 43
are neither heated nor cooled by fuel; 44
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(c) Any mobile home; 45
(d) Any privately owned, noncommercial building or 46
structure whose construction, heating, cooling or lighting 47
arrangement is not in conflict with federal law; 48
(e) Any building owned or leased, in whole or in part, 49
by the United States government. 50
(3) Beginning July 1, 2013, the design, direction, 51
construction and alteration of any building for which the 52
standards promulgated pursuant to subsection (1) of this section 53
applies shall be accomplished so that the building or applicable 54
portions thereof shall meet or conform to the standards. The 55
Mississippi Development Authority shall not have enforcement over 56
this section. Local governing authorities shall adopt rules and 57
regulations for the administration and enforcement of this section 58
and such penalties for violations of this section as they deem 59
appropriate, except in regard to buildings owned by the state. In 60
state-owned buildings, the Department of Finance and 61
Administration, Bureau of Building, Grounds and Real Property 62
Management, shall provide for the compliance with the standards 63
adopted under this chapter. Local governing authorities are 64
authorized to adopt rules and regulations as developed and 65
promulgated by the department for the administration and 66
enforcement of these standards and to adopt such penalties for 67
violations of the standards as they deem appropriate. Local 68
governing authorities are authorized to establish an inspection 69
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ST: Energy efficiency standards for building
construction; extend date of repeal.
fee for the inspection of thermal and lighting standards in an 70
amount not to exceed One Hundred Fifty Dollars ($150.00). 71
(4) This section shall stand repealed from and after July 72
1, * * * 2029. 73
SECTION 2. This act shall take effect and be in force from 74
and after June 30, 2026. 75