State Petitions for Exemption from Federal Preemption

Office of Energy Efficiency & Renewable Energy

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Federal energy efficiency requirements for residential products generally preempt state laws or regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) However, the Department of Energy (DOE) can grant waivers of federal preemption for particular state laws or regulations. In particular, any state or river basin commission with a state regulation regarding energy use, energy efficiency, or water use requirements for products regulated by DOE may petition for an exemption from federal preemption to apply its own state regulation. (42 U.S.C. 6297(d)(1)(A)) Certain state procurement standards and building code requirements may also be exempt. (42 U.S.C. 6297(e), (f)).

California Energy Commission Petition for Exemption from Federal Preemption of California's Water Conservation Standards for Residential Clothes Washers

Commonwealth of Massachusetts Petition for Exemption from Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces

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