Appliance Efficiency and Testing Standards.
Federal law generally allows states to establish minimum efficiency and testing standards for products that are not covered by federal appliance efficiency regulations. Once a federal efficiency standard is established for a given appliance, the federal standard will preempt existing state standards unless the state is granted a waiver of federal preemption. Appliances for which federal efficiency and testing standards have been established include:
Washington law sets minimum efficiency and testing standards for several categories of appliances sold, offered for sale, or installed in the state, including:
The Department of Commerce (Commerce), in consultation with the Office of the Attorney General, must regularly submit a report to the Legislature on federal standards that preempt state standards. In December 2021, Commerce notified the Legislature that federal energy efficiency standards now preempt state standards for residential pool pumps and uninterruptible power supplies.
With respect to appliance efficiency standards, state law authorizes Commerce to:
The United States Environmental Protection Agency (EPA) implements an Energy Star program that allows producers of products that meet voluntary energy efficiency standards established for categories of products by the EPA to use an official Energy Star label.
The Washington Department of Agriculture administers a Weights and Measures Program which tests and inspects commercial weighing and measuring devices. Beginning in 2023, in a regulatory program overseen by the Department of Agriculture, electric vehicle service providers that operate certain types of publicly available electric vehicle supply equipment must meet certain equipment marking, cost disclosure, and other operational standards.
Repeal of Preempted State Standards.
The state appliance efficiency and testing standards for the following products are repealed:
Amendments to Existing State Appliance Efficiency and Testing Standards.
Beginning January 1, 2024, residential ventilating fans must meet the qualification criteria of the EPA Energy Star specification for residential ventilating fans, version 4.1. The definition of residential ventilating fans subject to these requirements is amended, beginning January 1, 2024, in a manner similar to the residential ventilating fans that are subject to the EPA's Energy Star standard, except that kitchen range hoods are included within the EPA's Energy Star definition but are excluded from the new state energy efficiency standards.
Beginning January 1, 2024, portable electric spas must meet the requirements for energy efficiency specified in, and tested in accordance with, California regulations in effect as of January 1, 2022.
Beginning as of the Act's effective date, commercial hot food holding cabinets must meet the qualification criteria of the EPA Energy Star specification for commercial hot food holding cabinets, version 2.0.
New State Appliance Efficiency and Testing Standards.
Beginning January 1, 2024, new energy efficiency standards are established as follows:
These products, if manufactured on or after January 1, 2024, may not be sold, or offered for sale, lease, or rent in Washington unless they meet the specified energy efficiency standards.
A severability clause is included.
As compared to the original House bill, the substitute bill:
(In support) Appliances can be significant users of electricity. Increasing the energy efficiency of appliances can have multiple environmental and economic benefits, including reduced greenhouse gas emissions, reduced water use, and reduced operating costs that save consumers money. Establishing a minimum standard for all appliances available for sale is a consumer protection measure that particularly protects renters by ensuring that landlords purchase energy-efficient equipment that will save their tenants money overall. Energy-efficient appliances are available at all price points for each type of appliance covered by the proposed new standards. State leadership in establishing energy efficiency standards has historically had the result of encouraging the federal government to also adopt higher energy efficiency standards. The standards for air purifiers also have the added benefit of ensuring effective smoke removal, in addition to dust removal. There should be a clarification of the types of publicly available electric vehicle supply equipment exempted from the new standard.
(Opposed) Kitchen range hoods should not be included in energy efficiency standards because almost all kitchen range hoods do not meet the energy star labeling standard. For certain categories of kitchen range hoods, no energy star compliant products are on the market. Residential ventilating fans should be defined to clearly exclude kitchen range hoods. In some instances, voluntary energy star standards can be difficult for manufacturers to meet while still providing the necessary product functions and performance.
(Other) The EPA Energy Star program currently only recognizes a limited number of qualifying types of ovens, about half of which are natural gas ovens. Because of the uncertainty regarding the future of natural gas use in the state, the 2024 effective date for the new commercial oven standard might be too soon to ensure sufficient availability of compliant electric ovens for purchase by restaurants. Grocery stores want to ensure that installed appliances are energy efficient because ovens can contribute to high energy costs, but it is also important to ensure a sufficient number and type of appliances are available for purchase.