Sixteen AGs Filed Comments Opposing Changes to Energy Efficiency Testing Requirements

New York Attorney General Letitia James led a coalition of 16 attorneys general in filing comments with the Energy Department objecting to proposed changes to the process for waiving energy efficiency testing requirements on consumer products and industrial equipment. Under the proposed changes, any manufacturer applying for a permanent waiver — “even one that lacks any legitimate basis,” as the attorneys general pointed out — would automatically be granted an indefinite interim waiver unless the department issues an official decision within 30 days of receiving the waiver application. If an application is later denied or granted with conditions, the interim waiver would remain in place for an additional 180 days, allowing manufacturers to continue selling nonconforming products that could remain in use for years. As the attorneys general emphasized in their comments, the proposal “contains no protections whatsoever to discourage or prevent bad-faith applications.”