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The Oregon Department of Energy develops rules for certain energy efficient appliance standards.

Rulemaking for Appliance Energy Efficiency Standards:
Exempting Federally-Preempted Battery Chargers

  
  
10 Dec 2018Conclusion of Rulemaking for Appliance Energy Efficiency Standards

The Oregon Department of Energy submitted final rules to the Secretary of State on December 10, 2018 relating to appliance energy efficiency standards, clarifying rule requirements for testing, labelling and registration of compliant appliances and excluding federally-regulated battery chargers. The permanent rules filing does not include any additional changes to rule language compared to the revised draft rules posted on July 25, 2018. This concludes the formal rulemaking process, which closed on August 17, 2018.

Materials:

25 Jul 2018Public Comment Period for Appliance Energy Efficiency Standards is Reopened Until August 17

Rule Caption: Clarifies requirements for testing, labelling, and registration of compliant appliances; excludes federally-regulated battery chargers.

The Oregon Department of Energy has revised the draft rules for appliance energy efficiency standards to incorporate public comment received before the public comment period closed on May 23, 2018. ODOE is reopening the public comment period for this rulemaking and encourages stakeholders to review the revised draft rules and to share any feedback with department staff. The revised draft rules include additional changes to OAR 330-092-0015 and -0020 to ensure the exclusion from state regulation of various categories of federally-preempted battery chargers, and to correct certain references to test procedures in federal regulations. Proposed changes to other rules in Division 92 were included in the version the department released for the public hearing in May.

The proposed rules would exclude certain battery chargers for which federal standards became effective June 13, 2018. Even though new state rules were not in effect as of June 13, 2018, Oregon standards for certain battery chargers that now fall under federal regulation are preempted as of that date. Additionally, the proposed rules would update references to test methods to match those proposed in the California Code of Regulations to take into account updates to federal test procedures. Until the new Oregon rules become effective, ODOE will refer to guidance issued by California in a “Regulatory Advisory for Federally Regulated Battery Chargers​” dated June 7, 2018. Under the guidance, battery chargers that are sold before the effective date of the new state rules may comply with state standards using either the new test procedure aligned with federal requirements, or existing test procedures.

13 Jun 2018ODOE to Reopen Public Comment Period for Appliance Energy Efficiency Standards

Rule Caption: Clarifies requirements for testing, labelling, and registration of compliant appliances; excludes federally-regulated battery chargers.

The Oregon Department of Energy intends to reopen the public comment period for its rulemaking relating to appliance energy efficiency standards in order to receive additional public comment on revised draft rules. ODOE filed a notice of proposed rulemaking hearing with the Oregon Secretary of State on April 25, 2018, and held a public hearing on May 23, 2018. The department is currently reviewing comments received during the initial public comment period which ended May 23, and will post a new version of the draft rules to allow for additional review by stakeholders before ODOE files final rules.

The proposed rules would exclude certain battery chargers for which federal standards become effective June 13, 2018. Even though new state rules will not be in effect as of June 13, 2018, Oregon standards for certain battery chargers that now fall under federal regulation will be preempted as of that date. Additionally, the proposed rules would update references to test methods to match those proposed in the California Code of Regulations to take into account updates to federal test procedures. Until the new state rules become effective, Oregon will refer to guidance issued by California in “Regulatory Advisory for Federally Regulated Battery Chargers” dated June 7, 2018. Under the guidance, battery chargers that are sold before the effective date of the new state rules may comply with state standards using either the new test procedure aligned with federal requirements, or existing test procedures.

ODOE will post an update to this page once new draft rules are available, with instructions and a deadline for submitting public comments.
23 May 2018Appliance Energy Efficiency Standards Rules Public Hearing

Rule Caption: Clarifies requirements for testing, labelling, and registration of compliant appliances; excludes federally-regulated battery chargers.

Public Hearing

Wednesday, May 23, 2018, 10 a.m.
Oregon Department of Energy (
parking information)
Oregon Room
550 Capitol St. NE
Salem, OR 97301

Call-in number:
(877) 336-1831, access code 872206

Hearing materials:

The proposed rule changes are needed to exclude battery charger systems that have recently come under federal regulation, and are therefore pre-empted from state regulation. Additionally, the proposed rule changes would update references to testing methods specified in the California Code of Regulations to take into account updates recently made to California regulations. Lastly, the proposed rule changes would clarify the status of products which are registered as compliant with the California Energy Commission with regard to requirements for labeling and registration in Oregon.

ODOE will accept oral testimony on the rules at the public hearing. Participants unable to attend may call in using the number listed above.

Written comments on the rulemaking are due by 5 p.m. on Wednesday, May 23, 2018, and may be sent via email to: wendy.simons@oregon.gov.

The public hearing will be the final opportunity for comment before the department files permanent rules. ODOE plans for the proposed rules to be effective on June 13, 2018.

For more information, contact:

Blake Shelide, Facilities Engineer, 503-373-7809, blake.shelide@oregon.gov

Wendy Simons, Rulemaking Coordinator, 503-378-6043, wendy.simons@oregon.gov
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disability icons To request an interpreter for the hearing impaired or accommodations for persons with disabilities, please contact the Oregon Department of Energy at least 72 hours before the meeting at
1-800-221-8035 or fax 503-373-7806. TTY users should call the Oregon Relay Service at 711.​​​​​
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