The Texas Public Policy Foundation (TPPF) has filed a comment with the Department of Energy, criticizing its proposed rule regarding water heaters. In a formal letter submitted on September 26, TPPF expressed concerns about the Department's proposed new energy conservation standards for water heaters.

According to the Proposed Rule, published on July 28, 2023, the Department intends to increase the energy efficiency standard for both condensing and non-condensing tankless water heaters to 91%. However, TPPF argues that this would make it impossible for non-condensing heaters to meet the standard, effectively eliminating them from the market.

TPPF's argument is based on the Energy Policy and Conservation Act, which mandates that the Department set different standards for products when they have features that are useful to consumers. The organization contends that non-condensing heaters, which are more compact, easier to install, and require less maintenance compared to their condensing counterparts, provide such useful features.

"Agencies are creatures of statute and only have the power delegated to them from Congress," said TPPF Senior Attorney Autumn Hamit Patterson. "It is vital that unelected bureaucrats, at the very least, stay within the bounds of their delegated authority."

TPPF's letter accuses the Department of disregarding its statutory obligations and failing to take into account the utility non-condensing water heaters offer to consumers. The organization claims that this not only violates the law but will also result in less competition in the market and fewer options for consumers.

In conclusion, TPPF urges the Department to reconsider its Proposed Rule, calling it unlawful executive overreach that will negatively affect both the market and consumers seeking energy-efficient options for home water heating. As of now, the Department of Energy has yet to respond to TPPF's challenge.