Appliance and Equipment Efficiency Standards: A Roadmap for State and Local Action

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This new working paper examines how the Energy Policy and Conversation Act (“EPCA”), and the DOE regulations promulgated thereunder, place limits on the ability of states and cities to outlaw the use of inefficient appliances and equipment.  It surveys existing state efficiency laws that cover products beyond federal jurisdiction, and discusses several steps states can take to advance appliance and equipment efficiency including: (i) seeking EPCA waivers from DOE to create and enforce statewide standards for federally covered products (and, if necessary, litigating the rejection of any such waiver petition); (ii) regulating non-federally covered products such as computers; (iii) encouraging the use of more efficient appliances and equipment through local building codes for new construction; and (iv) revising procurement laws to require the use of products that exceed federal efficiency standards.

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