Addressing Non-Compliant Products in Current Practice

Another question that arose at the last subcommittee had to do with this final sentence in Section 3.2.2. Current Practice:

As a general rule, the RTF will use a baseline that is characterized by current market average efficiency or the minimum requirements of applicable codes or standards, whichever is more efficient.

A couple different questions arose out of this:

1. How to deal with non-compliant units for markets in transition?
   Example, a new standard for clothes washers will take effect in January 2018. Today's market sales data shows that some units in the market today do not meet that future standard. In such cases, the RTF assumes that as of the effective date of the standard, manufacturers will be compliant with the standard. Therefore, in its analysis, the RTF will bring any non-compliant units in the sales mix today up to the future standard for calculating the market average efficiency of the market.
2. How to deal with non-compliant units in the market in years after the standard has been in effect?
   Example, sales data today show that several non-compliant lamps are still being sold in the residential lighting market, despite the standard being in place for several years. In this case, the RTF has kept those non-compliant lamps in the analysis (i.e. it does not assume they are complying with the federal standard) when calculating the market average efficiency of the market?
3. How to deal with a market whose  market average efficiency is less efficient than the code or standard?
   In this case, the Guidelines would tell us to use the code or standard as the baseline, instead of the less efficient market average. 

Do you agree with the how the RTF has addressed each of the above examples? If not, please propose your alternative approach:

Do you agree with how the RTF addresses non-compliant units in the current practice baseline?