Mass. Gen. Laws ch. 25B, sec. 9 — MA Code / Part I / Title II / Chapter 25B / Section 9
Superseding federal statutes, etc.; duties of commissioner; withdrawal, repeal or otherwise void of superseding federal statutes, etc.
Status: repealed

Section 9. If the commissioner determines that a federal statute, rule or determination would supersede any requirement of this act, or if the commissioner is notified by the United States Department of Energy that a petition has been filed to supersede any requirement of this act, the commissioner shall determine (a) whether there is a substantial state or local need which is sufficient to justify the state requirement at issue, (b) whether the state requirement at issue does not unduly burden interstate commerce, and (c) whether the state requirement at issue contains a more stringent energy efficiency standard than a corresponding federal standard. If the commissioner determines that these criteria are met, the commissioner shall promptly petition the United States Department of Energy requesting a ruling that the state requirement at issue not be superseded, or shall promptly file with the United States Department of Energy a request that the petition to supersede be denied. If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy pursuant to the Energy Policy and Conservation Act, 10 C.F.R. §§ 430–431, were withdrawn, repealed or otherwise voided between January 1, 2018, and January 21, 2021, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards and no such product may be sold or offered for sale in the state unless it meets or exceeds such standards.

Section 9. If the commissioner determines that a federal statute, rule or determination would supersede any requirement of this act, or if the commissioner is notified by the United States Department of Energy that a petition has been filed to supersede any requirement of this act, the commissioner shall determine (a) whether there is a substantial state or local need which is sufficient to justify the state requirement at issue, (b) whether the state requirement at issue does not unduly burden interstate commerce, and (c) whether the state requirement at issue contains a more stringent energy efficiency standard than a corresponding federal standard. If the commissioner determines that these criteria are met, the commissioner shall promptly petition the United States Department of Energy requesting a ruling that the state requirement at issue not be superseded, or shall promptly file with the United States Department of Energy a request that the petition to supersede be denied.

If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy pursuant to the Energy Policy and Conservation Act, 10 C.F.R. §§ 430–431, were withdrawn, repealed or otherwise voided between January 1, 2018, and January 21, 2021, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards shall be the previously applicable federal standards and no such product may be sold or offered for sale in the state unless it meets or exceeds such standards.