By Bradford White Corporation
Prior to the federal government’s shutdown stalemate, Congress took initial steps toward modifying how federally regulated appliances are treated by government at all levels. On September 16, 2025, the House of Representatives’ Energy and Commerce Subcommittee on Energy held a public hearing on several pieces of legislation that would amend federal law in this area. Notably, two bills stood out: the Energy Choice Act (H.R. 3699) and the Don’t Mess With My Home Appliances Act (H.R. 4626).
The former represents national fuel choice legislation that would prevent state or local governments, nationwide, from enacting any policies that would outlaw, or restrict the use of appliances that utilize a particular energy source. The bill marks a federal response to state and local building codes and legislation that have prohibited the use of natural gas appliances in new homes and commercial buildings. Such policies have been enacted in New York and Washington states, as well as several other local governments throughout the country. Many of these policies are currently subject to litigation in state and federal courts.
The Don’t Mess With My Home Appliances Act would modify the authority of the United States Department of Energy (DOE) on how appliance energy conservation standards are formulated. Among other provisions, the bill would prohibit DOE from considering the amount of avoided greenhouse gas emissions when analyzing proposals for new and amended standards. It would also prohibit the Department from effectively eliminating a product based on the type of fuel that it consumes. Both bills are currently awaiting further consideration before being brought to the full House Committee on Energy and Commerce.
Even once Congress finds a way to fund the federal government and end the current government shutdown, both bills still have a long journey ahead of them if they are to eventually become law. The bills would have to be marked up in committee, approved by a narrowly-divided House of Representatives and then would need to win the support of at least 60 Senators to make it to the President’s desk. These are challenging hurdles for even the most routine pieces of legislation to clear. BWC Government and Regulatory Affairs has been actively involved in working directly with lawmakers, and indirectly with them through our trade associations, to improve the legislation.
While the ultimate fate of each bill remains uncertain, their introduction and active consideration in the House of Representatives demonstrates a shared desire among industry and lawmakers to implement significant policy changes at all levels of government. These changes aim to enhance fairness for consumers, business owners, and manufacturers throughout the regulatory process. In the meantime, if you have any questions about this matter, or any others related to government and regulatory affairs in our industry, BWC’s Government and Regulatory Affairs team would like to speak with you. Also, if you know of any legislative or regulatory activity in your community or state that would impact our industry, please do not hesitate to contact us at BWCGovReg@bradfordwhite.com.
