ALA Government Engagement Update

Recent News from the DOE, USTR, CEC, and More

ICYMI: 45 LPW Backstop Finalized

The U.S. Department of Energy (DOE) published a long-awaited final rule officially establishing a minimum efficacy standard of 45 lpw for lamps. Manufacturers and retailers must sell through existing inventories of lamps that do not meet that standard before the sales ban takes effect or face civil penalties. DOE is using a progressive enforcement approach which will first be applied to manufacturers and then to retailers. DOE elaborates on this approach and provides further guidance in its Enforcement Policy Statement. Read the policy statement.

The following charts outline the enforcement timeline:

Ceiling Fans and CFLKs

Over the past five months, ALA’s Ceiling Fan Task Force has been engaged with DOE on four documents reviewing the test procedures and efficiency standards for ceiling fans and CFLKs. Below you can read DOE’s original documents and ALA’s responses. Thank you to all of the ceiling fan manufacturer members who put countless hours of their time, energy, and expertise into ALA's comments on each DOE rulemaking.

CFLK Notice of Proposed Rulemaking on Test Procedures
Published in Fed Reg. on Mar. 9, 2022
ALA submitted comments on May 9, 2022
NEXT STEPS: Final Rule on CFLK test procedures
Read ALA’s comments

CFLK Preliminary Technical Support Document (Standards)
Full TSD document must be downloaded at the bottom of the linked page.
Published in Fed Reg. on Mar. 6, 2022
ALA submitted comments on May 6, 2022
NEXT STEPS: Notice of Proposed Rulemaking amending energy conservation standards for CFLKs
Read ALA’s comments

Ceiling Fan Preliminary Technical Support Document (Standards)
Full TSD document must be downloaded at the bottom of the linked page.
Published in Fed Reg. on Feb. 9, 2022
ALA submitted comments on Apr. 11, 2022
NEXT STEPS: Notice of Proposed Rulemaking amending energy conservation standards for ceiling fans
Read ALA’s comments

Ceiling Fan Supplemental Notice of Proposed Rulemaking on Test Procedures
Published in Fed Reg. on Dec. 6, 2021
ALA submitted comments on Feb. 7, 2022
NEXT STEPS: Final Rule on ceiling fan test procedures
Read ALA’s comments

New Definitions for GSL and GSILs

While DOE was finalizing the backstop, DOE also published a final rule expanding and amending the definitions for general service lamps and general service incandescent lamps. Read the new definitions and associated exemptions.

Tariff Review Underway

List 1 of the additional tariffs associated with the Section 301 trade action on products coming from China is nearly four years old. Without action from the United States Trade Representative (USTR) to determine whether or not the tariffs are still warranted, the List 1 tariffs will automatically expire at the four-year mark. The same is true for when Lists 2, 3 and 4a reach their four-year milestones. A review by USTR on the effectiveness of the additional tariffs is currently under way.

As of right now, only, domestic industries that have benefited from the implementation of the additional tariffs can submit comments requesting for the continuation of the trade action. It was assumed that this comment period would apply only to List 1, but due to the ambiguity of USTR’s instructions it appears that comments for continuation are welcome for all Lists.

All other interested parties are prohibited from commenting at this time but will be given the opportunity to comment should USTR receive continuation requests. Read more about the USTR tariff review.

Furthermore, the United States International Trade Commission (USITC) has launched its own factfinding investigation regrading the Section 301 tariffs. This investigation also includes Section 232 tariffs on steel and aluminum products. Upon concluding the investigation, the USITC will write and submit a report to Congress on its findings.

ALA and the Americans for Free Trade coalition have, over the years, fought hard against tariffs and support the tariff expirations.

The USITC is welcoming public comments and is holding a public hearing in July. Learn more and find out how to participate in the USITC’s investigation.

New Packaging Requirements Being Considered

AB 2026, a bill addressing product packaging in California, is making its way through the legislative process in the State Assembly. Among other things, the bill prohibits a manufacturer, retailer, producer, or other distributor that sells or offers for sale and ships purchased products in or into the state from using expanded or extruded polystyrene to package or transport the products. Read the latest version of the bill text.

Overall, the legislation has broad support in Sacramento, which has many potentially impacted industries concerned, including ALA. Lighting manufacturers, retailers and consumers have shared their concerns about replacing and receiving product that was transported in substandard packaging. ALA has partnered with the polystyrene coalition to address these concerns and is hopeful to make a positive impact.

Senate to Give CEC Faster Implementation Authority

Current law stipulates efficiency standards issued by the CEC shall not become effective sooner than one year after the CEC adopts the standard. SB 1063 aims to let CEC implement appliance efficiency standards sooner than one year. ALA supports CEC having their own enforcement regime, but decreasing the time to comply could prove problematic. ALA is working with NEMA and others in hopes preventing this legislation from becoming law. Read the bill text.