Home Appliance Protection and Affordability Act

The compliance period for new or amended standards is now a uniform 5 years for all product categories. Previously, products like refrigerators, dishwashers, and clothes washers had a 3-year compliance period while central air conditioners, water heaters, and furnaces had 5 years.

If a standard fails the 2-year regulatory review, the Secretary may now amend it with a 3-year compliance period (previously 2 years) before the amended standard applies to newly manufactured products.

The compliance period for amended standards that result from a failed regulatory review is extended from 2 years to 3 years after publication of the final rule.

A new requirement mandates that the Secretary provide public notice in the Federal Register and at least 60 days for public comment on the quantitative economic impact analysis before prescribing a standard.

Market competition and price discrimination are no longer absolute prohibitions on setting standards. They are now factors the Secretary must consider, with the Attorney General required to make a written determination on lessening of market competition within 60 days of a proposed rule's publication. This gives the executive branch more flexibility to set standards even if some competitive impact is found.

The test procedure requirement is strengthened: the Secretary must have published a test procedure in the Federal Register at least 180 days before publishing a notice of proposed rulemaking for a new or amended standard, rather than simply requiring that a test procedure exists.

New authority is added for the Secretary to prescribe standards for dishwashers and clothes washers that combine design requirements with performance standards covering energy efficiency, energy use, water efficiency, and water use, either individually or in combination. This expands the types of regulatory tools available for these products.

Regional standards now apply to products manufactured or imported into the United States on or after the effective date, rather than products installed on or after that date. This shifts the trigger from installation to manufacture/importation.

Extensive conforming amendments generalize language throughout the Energy Policy and Conservation Act, replacing product-specific references (showerheads, faucets, water closets, urinals) with broader 'as applicable' language, suggesting the framework is being prepared for application to additional product categories.