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.
SB256 creates a new section in the Virginia Code directing the Department of Energy to preserve appliance energy- and water-efficiency requirements if the federal government rolls back or removes related standards under the federal Energy Policy and Conservation Act. If a federal product standard under 10 C.F.R. Parts 430 or 431 is eliminated, the Department must adopt a Virginia standard equivalent to the last applicable federal standard in effect on or before December 31, 2025, and products that do not meet those standards could not be sold, leased, or rented in the Commonwealth.
The bill also requires manufacturers of affected products to use federal test procedures in effect as of December 31, 2025, or later-approved methods, and to certify compliance through approved third-party databases such as MAEDBS, HVI, AHAM Verifide, or NEEP’s database. The Department may approve additional test methods as they become available or as other states or the federal government adopt them. The measure includes exceptions where federal law preempts state action or where a court has set aside a standard, and it delays effectiveness until 12 months after a federal rollback occurs. It also requires the Department of Energy to report implementation and testing costs to legislative and executive budget leaders by December 1, 2026.
The bill adds a new appliance energy and water conservation standards article to Title 45.2 of the Virginia Code and gives the Department of Energy authority to maintain state-level efficiency standards for certain appliances and HVAC-related products if federal standards are weakened or removed. It affects manufacturers, distributors, sellers, lessors, and renters of covered products in Virginia by conditioning market access on compliance with state-adopted standards and certification requirements. The bill also creates a reporting obligation for the Department of Energy regarding administrative and testing costs, which could inform future appropriations or implementation decisions.
The bill appears to have had mixed but ultimately sufficient support, passing the Senate and House with notable opposition but also enough votes to advance and be enacted. The vote margins suggest the measure was somewhat contested, especially in the Senate and House floor votes, but the final concurrence in the Governor’s recommendations indicates the bill was accepted into law. The absence of committee transcript excerpts limits direct insight into debate, but the recorded votes show a divided response rather than broad unanimity.
The main point of contention is the policy choice to have Virginia automatically preserve or replace federal appliance efficiency standards if federal rules are rolled back, which opponents may view as state overreach, regulatory burden, or a cost driver for manufacturers and retailers. Supporters likely view the bill as a consumer and environmental protection measure that prevents weaker federal standards from reducing efficiency gains in Virginia. Additional friction may center on compliance costs, testing requirements, third-party certification, and whether the Department of Energy should be empowered to adopt or update standards and test methods without new legislation.