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report from npga state director by: Mark Denton

PGA Board of Directors met in Louisville, Policy & Conservation Act (EPCA). The EPCA expressly
Kentucky October 16 – 18, 2023. The week’s preempts state regulations concerning the energy
business included Committee and Section use of appliances, subject to a few narrow exceptions
Nmeetings, a ten-year retrospective on les- which are not appliable.
sons learned from the winter of 2013 – 2014, a heat NPGA Legal Action Fund
pump panel discussion, a fireside chat with Kenya
Stump, Executive Director of Kentucky’s Office of Ener- NPGA has established a Legal Action Fund to
gy Policy; and much more. The PropanePAC hosted an proactively combat illegal governmental overreach
event at the Louisville Slugger Museum & Factory on that seeks to eliminate energy choice. NPGA is cur-
Monday night and members enjoyed the Board of Di- rently involved in seven federal lawsuits and antici-
rectors reception on Tuesday evening. Here are some pates the need to potentially file more in the coming
of the key policy discussions and updates from NPGA: months. Recent and ongoing legal battles threatening
Consumer Gas Furnace Restrictions the survival of the propane industry compelled the
NPGA Executive Committee to devote significant, long-
The U.S. Department of Energy (DOE) has term resources to this fight.
issued the “pre-publication” version of its final con- Governmental Affairs Committee
sumer furnace rulemaking. NPGA – along with natural
gas coalition partners – submitted four separate and The Governmental Affairs Committee con-
extensive comments on this proposal in 2022. The vened to receive updates from NPGA staff and dis-
575-page rule would be effective in late 2028 and cuss pressing advocacy issues impacting the propane
eliminate non-condensing gas furnaces and a subset industry. As is customary, the Committee broke into
of condensing furnaces. three task force sessions – federal legislative, federal
regulatory, and state advocacy.
NPGA has been tracking this rulemaking
diligently and is disappointed in the DOE’s action. It In the legislative session, NPGA staff provided
would directly harm consumers by forcing costly retro- political and policy updates from Capitol Hill. After an
fits or fuel switching, thus disproportionately impact- unprecedented motion to vacate, the House of Rep-
ing socioeconomically disadvantaged communities. resentatives has been without a Speaker for over two
weeks, bringing all federal legislative action to a near
NPGA has geared up its regulatory, legal, lob- halt. Once the House elects a new Speaker, NPGA staff
bying, engineering, and economic experts, as well as believe the association will achieve meaningful results
cemented a response coalition. On the Congressional in year-end legislative vehicles, such as appropriations
front, NPGA has worked with Representatives Fallon and NDAA.
(TX) and Fischbach (MN) to introduce an amendment
to the U.S. House of Representatives Energy and Wa- During the regulatory session, association
ter bill that would “prohibit any funding to be used to staff provided updates on the numerous regulatory
finalize, implement, or enforce the proposed rule.” actions the Biden Administration is pursuing through
the Department of Energy, such as the Water Heater
NPGA, NYPGA, & Mulhern Gas Sue New York State in Rule, Furnace Rule, Boiler Rule, and Consumer Cook-
Federal Court top Rule. The group also discussed the Environmental
A coalition led by the National Propane Gas Protection Agency’s Risk Management Program and
Association, the New York Propane Gas Association, the path forward on the Federal Motor Carrier Safety
and Mulhern Gas of Hudson, NY filed a federal lawsuit Administration’s Hours of Service regulations.
against the New York Department of State, New York Lastly, in the state advocacy breakout session,
State Building Code Council, and others on October NPGA staff updated the group on efforts to expand
12. The case was filed in the United States District choice protections to end-use applications, such
Court for the Northern District of New York. as furnaces and stoves. Additionally, the task force
The State of New York has banned fuel gas in- discussed the growing interests of state officials in
frastructure and appliances in most newly constructed specific programs to reduce greenhouse gas emissions
buildings beginning on December 31, 2025. NPGA and from residential and commercial buildings, including
its co-plaintiffs contend that this action is preempt- statewide carbon markets and clean heat standards.
ed by, and in direct conflict with, the Federal Energy To read the full report, please click here.■

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