What is a covered product?
Covered products are products listed in the Energy Efficiency Standards Act of 2007 and Energy Efficiency Standards Amendment Act of 2020. This list of covered products is provided on the program homepage. DOEE does not enforce standards or require certification for covered products that are federally preempted.
What are federally preempted products?
The DAES Program does not enforce standards for products covered by federal standards. The Energy Policy and Conservation Act (EPCA) of 1975 gives the U.S. Department of Energy (DOE) authority to set federal efficiency standards for energy use of appliances and products. States are generally not permitted to set or enforce their own standards for federally covered products, which is a concept known as “preemption.” The DAES program only enforces District standards if the products have no current federal standards. However, the District has the ability to set standards for federally covered products if they align with standards set before January 20, 2017 and were later withdrawn, repealed, or otherwise voided. The following products previously covered by District standards are now preempted by federal standards:
- Air purifiers: As of December 31, 2023, Air Purifiers have a federal efficiency standard that preempts the District’s standard. To assist in compliance with the federal standards, NEEP’s State Appliance Standards Database (SASD) lists compliant products
- State-regulated general service lamps
- State-regulated incandescent reflector lamps
- Walk-in refrigerators and freezers
- Single-voltage external AC to DC power supplies
- Metal halide lamp fixtures
In the future, U.S. DOE may create federal standards for products currently covered by District standards. DOEE will evaluate the impacts of these changes when such standards are finalized and determine whether District standards are preempted.
How can I find out if a product meets or exceeds the standards?
You can search for products on the SASD database, using the model number. A covered product must be certified to meet or exceed the standard to be listed on the SASD database, and a manufacturer is required to certify a covered product on this database prior to offering it for sale, lease, rent, or installed in the District.
When did the law go into effect?
The first standards required in the Energy Efficiency Standards Act of 2007 went into effect in 2008 and the additional standards required in Energy Efficiency Standards Amendment Act went into effect in October 2022.
How long do I have to come into compliance with program requirements?
Per statutory requirements, obligated parties should already be in compliance. Currently the program is in a period of compliance assistance and support for regulated entities. Please reach out to program staff for assistance with complying with DAES Program requirements.
How can I report noncompliant products?
You can contact program staff through email at [email protected], including the product(s) in question and, if known, the retailer, distributor, or manufacturer information. Helpful product information to include would be product category, model numbers, or model names.
What happens if a product is not in compliance?
The program may investigate potential violations and take any of the actions spelled out in in D.C. Code 8-1771.05 as appropriate. At this time, program staff are currently focused on identifying potential instances of noncompliance and providing assistance in meeting the DAES Program requirements. If you need assistance in coming into compliance with the DAES program, we encourage you to contact [email protected].
Does the law apply to online sales?
Yes. The law applies to all new products for sale, lease, rent or installed in the District of Columbia, including online sales.
Will other products be added to the program, or will current products have standards increased?
The Efficiency Standards Act of 2007 gives the Mayor the authority to adopt regulations to increase efficiency standards for the products covered by the program, or expand efficiency standards for products not listed in the statute or covered by federal standards. Please check Status Updates for updates on DOEE consideration of new or revised appliance standards in the District.