State Efficiency Standards for Products That Are Not Federally Regulated

MCLI 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energy efficiency standards established by DOE as identical state standards in the event that federal standards are repealed or revoked.”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.”