State Petitions for Exemption from Federal Preemption
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
- Notice of Denial of a Petition for Waiver from Federal Preemption, Federal Register, 71 FR 78157 (Dec. 26, 2006)
- Docket No. EERE-2006-STD-0124 contains all notices, public comments, public meeting transcripts, and supporting documents.
- The United States Court of Appeals for the Ninth Circuit reversed DOE's denial and remanded for further proceedings. See California Energy Commission v. Department of Energy (No. 07-71576, Oct. 28, 2009).
Commonwealth of Massachusetts Petition for Exemption from Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non-Weatherized Gas Furnaces
- Notice of Denial of a Petition for Waiver from Federal Preemption, Federal Register, 75 FR 62115 (Oct. 7, 2010)
- Docket No. EERE-2009-BT-PET-0024 contains all notices, public comments, public meeting transcripts, and supporting documents