1 | Regional Standards Enforcement Working Group Discussion 

### Regional Standards Enforcement Working Group Prohibited Act2 | Regional Standards Enforcement Working Group Discussion 

## EISA added prohibited act



## It shall be unlawful for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product

.

42 USC § 6302(a)(6 )3 | Regional Standards Enforcement Working Group Discussion 

## (1) the having of actual knowledge, or

(2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon
the exercise of due care.

See 42 USC § 6303(b) 

## “Knowingly” defined in EPCA4 | Regional Standards Enforcement Working Group Discussion 

### • “routinely”

– Definition may take into consideration the size of the dealer and
number of sales

– Definition may include a time frame or total number of sales

– Does the definition of “routinely” cause DOE to publish a notice listing the violator

• DOE publishes a notice for any public action that DOE takes

• Typically DOE advertises public actions once the matter is resolved



### • “violates”

– Installs a non

- compliant product 

## “routinely violates”5 | Regional Standards Enforcement Working Group Discussion Installation:

1. Installation is the connection of refrigerant/electrical in a split system and commissioning of the operating system

2. Installation means the start up and first use of the system in a residential application.

3. EPA’s definition of installation (not found)

Violation:

1. A violation is the installation of a system that is non

- compliant with the applicable regional efficiency standards

2. It is a violation if a contractor or dealer does the following... [definition structure]

3. Those parties causing to be installed a system that is non

compliant with the applicable regional efficiency standards

4. A violation is the installation of or sale or distribution to a party that
intends to installs a system that is non

- compliant with the applicable regional efficiency standards 

## Definition Ideas6 | Regional Standards Enforcement Working Group Discussion 

### Distributors will not knowingly sell a product to contractors that are routinely violating the regional standards7 | Regional Standards Enforcement Working Group Discussion Violation:

1. A violation is the installation of a system that is non

- compliant with the applicable regional efficiency standards

2. It is a violation if a contractor or dealer does the following... [definition structure]

3. Those parties causing to be installed a system that is non

compliant with the applicable regional efficiency standards

4. A violation is the installation of, or sale or distribution to a party that
intends to install, a system that is non

- compliant with the applicable regional efficiency standards

5. A violation is the installation of a system that is non

- compliant with the applicable regional efficiency standards or the sale or distribution to a party with knowledge that the party routinely violates any regional standard applicable to the product.

1. You can’t install something that doesn’t meet the regional standards

2. You can’t sell to someone who routinely violates the regional standards8 | Regional Standards Enforcement Working Group Discussion • Manufacturer/Private labeler (prohibited act)

– It shall be unlawful for any manufacturer or private labeler to knowingly sell a product to a distributor, contractor, or dealer with knowledge that the entity routinely violates any regional standard applicable to the product.

• Distributors (violation)

– It shall be a violation for any distributor to knowingly sell a product to a contractor or dealer with knowledge that the entity will sell and or install the product in violation with any regional standard applicable to the product

.

• Contactors/Dealers (violation)

– It shall be a violation for any contactor or dealer to knowingly sell to and or install for an end user a residential central air conditioner covered by regional standards with the knowledge that such product shall be installed in violation of any regional standard applicable to the product

. 

## Prohibited Acts/Violations9 | Regional Standards Enforcement Working Group Discussion 

### • Record retention and production

– Failure to provide records to the Department upon request as part of an investigation

– Currently DOE may fine up to $200 per day if records are not produced after 30 days

• Purpose is to prevent people from trying to avoid being caught by not providing records to DOE

– Alternative or additional option is to subpoena records 

## Prohibited Acts Continued