NY State Assembly Passes Appliance Efficiency Legislation

Last week, the New York Assembly passed legislation on electrification of buildings and updating of energy and water efficiency standards. The enrolled legislation (S9405 and A10439) calls for the New York State Energy Research and Development Authority (NYSERDA) to consider energy efficiency requirements for portable electric spas and replacement pool pump motors. PHTA and NESPA lobbied the Assembly to reference APSP-14 for portable electric spas, and to align the replacement pool pump motor definition with UL-10004-10 and reference the Department of Energy’s 2021 final test rule procedures. Both requests were not included. The enrolled legislation empowers NYSERDA to adopt regulations establishing efficiency standards and procedures for testing and certification by 1/1/2023. Prior to publication of a notice of proposed rulemaking, NYSERDA shall conduct public meetings and provide meaningful opportunities for public comment. PHTA and NESPA will monitor and engage in the process with industry and stakeholders.

Concurrently, the Department of Energy has issued a Notice of Public Rulemaking (NOPR) for dedicated purpose pool pump motors and tentatively determined that portable electric spas qualify as a covered product under the Energy Policy and Conservation Act (EPCA). DOE will likely promulgate efficiency standards for both DP3 replacement motors and portable electric spas superseding state efficiency standards, including those listed in the NY legislation.