An Act to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 10, consisting of a section numbered 45.2-1735, relating to appliance minimum energy and water conservation standards; heating, ventilation, and air conditioning facilities and home appliances; Department of Energy.
HB672 creates a new section of the Virginia Code directing the Department of Energy to preserve appliance energy- and water-efficiency standards if the federal government rolls them back. Specifically, if a product or product category covered by federal appliance efficiency rules under 10 C.F.R. Parts 430 or 431 is removed at the federal level, Virginia must adopt standards equivalent to the last applicable federal standards in effect on or before December 31, 2025. The bill applies to products sold, leased, or rented in the Commonwealth and is aimed at maintaining minimum efficiency requirements for appliances and HVAC-related products.
The bill also requires manufacturers of affected products to test and certify compliance using federal test procedures in effect as of December 31, 2025, while allowing the Department to recognize updated or alternative test methods in some circumstances. Certification may be made through approved third-party databases such as MAEDS, HVI, AHAM Verifide, or NEEP’s database, or another database approved by the Department. The bill excludes products where federal law preempts state action and does not apply to standards already set aside by a court. Its effective date is delayed until 12 months after a federal removal of the relevant product standards, and the Department of Energy must report by December 1, 2026, on implementation and testing costs.
The bill’s impact is to create a state backstop for appliance efficiency regulation, giving Virginia authority to keep minimum energy and water conservation standards in place if federal standards are weakened or eliminated. It affects manufacturers, distributors, retailers, and potentially consumers of covered appliances and HVAC equipment by preserving compliance obligations and market access requirements in Virginia. It also adds an administrative and reporting role for the Department of Energy, including potential costs associated with testing and enforcement.
Overall sentiment appears mixed but ultimately favorable enough for passage. The bill advanced through committees with several substitute and amendment votes, passed the House and Senate, and the Senate substitute was agreed to by the House. Floor votes show meaningful opposition, especially in the Senate where the margin was narrow, suggesting the policy was contested even though it ultimately secured enactment. Support appears to have centered on maintaining efficiency protections, while opposition likely reflected concerns about regulatory burden, state-federal overlap, and compliance costs.
The main points of contention were the scope of state authority to preserve or replace federal appliance standards, the compliance and testing requirements imposed on manufacturers, and the potential cost to the state for administration and enforcement. The bill’s exceptions for federal preemption and court-set-aside standards indicate an effort to limit conflict with federal law, but the narrow Senate vote suggests some lawmakers remained concerned about whether Virginia should step in when federal standards change.
HB672 adds a new Virginia statutory framework in Title 45.2 authorizing the Department of Energy to adopt and enforce minimum energy and water conservation standards for certain appliances and HVAC-related products if federal standards are removed. It affects manufacturers, sellers, lessors, and renters of covered products by requiring compliance with the last applicable federal standards, testing under specified federal procedures, and certification through approved databases, while also requiring the Department to report implementation costs to the General Assembly and Governor.
The bill appears to have been generally supported by enough legislators to pass, but not without significant debate. It moved through committees with substitute and amendment votes and ultimately passed both chambers, though the Senate vote was close, indicating a divided chamber and some skepticism about the policy. The final agreement on a Senate substitute suggests compromise was necessary to secure enactment.
The central controversy was whether Virginia should maintain appliance efficiency standards if federal rules are rolled back, effectively creating a state-level backstop. Opponents likely focused on regulatory burden, compliance costs, and the risk of conflict with federal law, while supporters emphasized consumer savings, conservation, and continuity of efficiency protections. Additional contention involved the testing and certification requirements for manufacturers and the potential fiscal impact on the Department of Energy, which the bill addresses by requiring a cost report.