Wednesday, June 8, 2022, 10 a.m.
This public hearing will be conducted virtually via Webex.
Join via webinar: https://odoe.webex.com/odoe/j.php?MTID=mc631ed6b2d8935f166891c950e26c761
Webinar password: Energy (363749 from phones)
Audio conference information: +1-408-418-9388 US Toll
Webinar number (access code): 2342 005 9369
• Secretary of State Hearing Notice, including draft rules in Track Changes
The proposed rule changes would delay an effective date for a standard that was adopted by the department in administrative rules to implement House Bill 2062 (2021). These rules and legislation included a standard for demand response-ready electric storage water heaters. The standard requires electric storage water heaters to comply with communications interface standard, CTA-2045-A, and was originally set to become effective for equipment (both heat pump water heaters and electric resistance water heaters) manufactured on or after January 1, 2022. This date was set during 2020 rulemaking and confirmed in HB 2062 in the 2021 Legislative Session as required under ORS 469.261.
In October of 2021, after communication with other states, manufacturers, and industry partners, ODOE became aware of potential supply chain constraints related to electronics components of the communications port that is needed to comply with the CTA-2045-A standard. ODOE included a request in an October 5, 2021, Public Hearing Notice to prompt stakeholders to provide formal comments on the effective date for the demand response water heater standard.
ODOE held a public rulemaking hearing on October 27, 2021. Through the public comment process, ODOE received comments on the effective date of the demand response-ready water heater standard, with all comments supportive of a delay to the effective date. ODOE responded to valid industry supply chain constraints and filed rules on November 23, 2021, to delay the effective date by 6 months to July 1, 2022. ODOE established a 6-month delay in anticipation of a resolution of supply chain issues by July 2022, but also with the expectation to review market conditions as this July 2022 effective date approached.
In 2022, ODOE has been in communication with Washington state and industry partners to evaluate the potential need for additional delay of this standard. Industry feedback to-date indicates that supply chain issues remain a valid concern that continues to impact manufacturing capabilities, planning, and schedules. Through this rulemaking ODOE proposes to further postpone the demand response-ready standard for electric storage water heaters for an additional year to July 1, 2023. Under ORS 469.261(2)(b), ODOE has the authority to postpone a standard up to two times, each time for up to one year, if either of two criteria are met:
1) Adjoining states with similar minimum energy efficiency standards have postponed the operative date of their corresponding minimum energy efficiency standards; or
2) Failure to modify the operative date of any of the minimum energy efficiency standards would impose a substantial hardship on manufacturers, retailers, or the public.
Given that Washington state has postponed the operative date of their corresponding similar standard (and is in process for additional postponement) and that supply chain issues would cause an effective standard to impose a substantial hardship on manufacturers, retailers, and the public, ODOE has determined that both the criteria in ORS 469.261(2)(b) are met in this case. This delay would represent the final postponement that ODOE could provide administratively by rule under its statutory authority.
Commenting on the draft rules:
ODOE will accept oral testimony on the rules at the public hearing.
Written comments on the rulemaking are due by 5 p.m. on Wednesday, June 8, 2022, and may be sent via email to: firstname.lastname@example.org.
The public hearing will be the final opportunity for comment before the department files permanent rules. ODOE plans to file the proposed rules before June 30, 2022, with the rules becoming effective upon filing.
For more information, contact:
Blake Shelide, Facilities Engineer, 503-373-7809, email@example.com
Wendy Simons, Rulemaking Coordinator, 971-707-0044, firstname.lastname@example.org