3.1.2 State Efficiency Standards for Products That Are Not Federally Regulated

LPDD Recommendation: “Congress should make EPCA federal preemption provisions more flexible, by allowing multiple states to set a shared standard different from the federal standard; expanding the use of ‘sunset’ provisions to mitigate to stifling impact of stalled DOE rulemaking; or by changing EPCA standards to be based on the most efficient products on the market.”

LPDD Recommendation: “States should enact legislation requiring the establishment of cost-effective state energy efficiency standards that are not preempted by EPCA.”

LPDD Recommendation: “States should consider seeking waiver of preemption for federally regulated products where there is a specific state justification.”

LPDD Recommendation: “States should adopt the federal energy efficiency standards established by DOE as identical state standards in the event that federal standards are repealed or revoked.”

LPDD Recommendation: “States should actively participate in the development of appliance energy-efficiency standards by Canada’s environmental and clean energy agency, Natural Resources Canada.”

Vermont H. 411

Adopts current federal energy-efficiency standards for appliances and equipment “so that the same standards will be in place in Vermont should the federal standards be repealed or voided.”

California’s 20 CCR 1065

State law that automatically incorporates any federal efficiency standard that is “repealed or becomes inoperable, inapplicable, or otherwise invalid as federal law.”

Multistate Appliance Standards Collaborative

Unites several states that have adopted several similar appliance standards. Many of the standards are adopted directly from the California State Appliance Energy Efficiency Standards, Title 20.

EPA Guide to Action for State Best Policies

Contains a helpful guide for state appliance standard programs, including lists of relevant state policies circa 2015, best practices for policy design, case studies, and action steps.