DOCKETED  
Docket Number:  23-FDAS -01 
Project Title:  Pool Controls Rulemaking  
TN #:  250721  
Document Title:  Notice of 15 Day Public Comment Period  
Description:  This document supersedes TN #250701 and updates the public 
comment period to end on July 10, 2023.  
Filer:  Nicholaus Struven  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  6/23/2023 12:57:52 PM  
Docketed Date:  6/23/2023  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
CALIFORNIA ENERGY COMMISSION  
715 P  Street  
Sacramento, California 95814  
energy.ca.gov  
CEC -057 (Revised 1 /21)
NOTIC E OF 15-DA Y PUBLIC COMMENT PERIOD 
PROPOSED REVISION S TO TH E FLEXIBLE DEMAND APPLIANC E STANDARDS 
FOR POOL CONTROLS 
California Energy Commission 
Docke t No. 23-FDAS-01 
On Februa ry 23 , 2023, the California Energ y Commission (CEC ) published a Notice of 
Proposed Action (NO PA) with proposed regulation s for Flexible Demand Appliance 
Standard s for Pool Controls. The CEC made document s available fo r a 45-day 
comment period ending April 10, 2023, and held a publi c hearing on April 11, 2023. 
Based on comment s received during the written comment period and the publi c hearing, 
the CEC i s proposing change s to the proposed regulations shared on Februa ry 23, 
2023. Any interested persons are invited to review and provide written comments 
to the CEC for consideration during the 15-day comment period from June 23, 
2023 , through July 10, 2023. The CEC appreciate s receiving written comment s at the 
earliest possible date. Comment s submitted after July 10, 2023, are considered 
untimel y and the CEC may, but i s not required to, respond to untimel y comments, 
including those raising significant issues. 
The CEC encourage s use of it s electroni c commenting system. Visit the e-commenting 
page at https://www.energy.ca.gov/proceedings/energy-commission-
proceedings/flexible-demand-appliances/pool-controls which lin ks to the comment page 
for this docket. Ente r you r contact information and a comment title describing the 
subject of you r comment(s). Comment s may be included in the “Comment Text ” box or 
attached a s a downloadable, searchable document consistent with 20 California Code 
of Regulations, section 1208.1. The maximu m file s size allowed i s 10 MB. 
Written comment s ma y also be submitted b y email. Include docket numbe r 23-FDAS-01 
in the subject line and email to docket@energy.ca.gov . 
A pape r cop y ma y be sent to: 
California Energ y Commission 
Docket Unit 
Docket No. 23-FDAS-01 
715 P Street, MS-4 
Sacramento, C A 95814 
 
Written and oral comments, attachments, and associated contact information (including 
address, phone number, and email address) will become part of the public record of this 
proceeding with access available via any internet search engine.  
 
The proposed  15-day language and related documents are available for review on the 
CEC website at https://www.energy.ca.gov/proceedings/energy -commission -
proceedings/flexible -demand -appliances/pool -controls . 
 
In proposing the 15 -day language, the CEC relied on the following additional 
documents:  
 
• Supplemental Staff Analysis for Pool Controls Flexible Demand Standards  
(TN250694 ; available at 
https://efiling.energy.ca.gov/GetDocument.aspx?tn=250694&DocumentContentId
=85495 ) 
 
This document, and all documents relied upon in this rulemaking, are part of the 
rulemaking file for the proposed regulations and are publicly available from the CEC’s 
docke t log for this proceeding at 
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=23 -FDAS -01. 
 
In accordance with Gov ernment Code section 11347.1, these documents are made 
available for public comment at least 15 days before the CEC’s consideration and 
possible adoption of the proposed regulations. Copies of these documents are available 
for public inspection at the CEC located at the address above, subject to COVID -19 
limitations. The CEC has considered all public comments received in developing the 15 -
day proposed language.  
 
In addition, CEC is proposing to incorporate by reference the following two documents 
into Secti on 1691: Definitions, specifically for the definition of “radio broadcast data 
system receiver” and the definition of “dedicated -purpose pool pump.” These 
documents incorporate d by reference are:  
 
• International Electrotechnical Commission, IEC 62106 -9:2021  ("radio broadcast 
data system receiver”)  
• Code of Federal Regulations Title 10, Part 431, Subpart Z (2021) (“dedicated -
purpose pool pump  motors ”) 
 
These documents  incorporated by reference  are available upon request  or are 
otherwise reasonably available fr om public sources.  
 
The text of the proposed 15-day language  will be provided with this notice . 
Amendments proposed with this 15 -day notice are shown in double strikethrough  for 
deletions and double underline  for additions.  
 In the Final Statement of Reasons, staff will respond to all comments received on the 
record during the comment periods. The Administrative Procedure Act requires that staff 
respond to comments received regarding all noticed changes. Therefore, staff will only 
address comments rece ived during this 15 -day comment period that are responsive to 
this notice, documents added to the record, or the changes detailed in the proposed 15 -
day language at the above -referenced website.  
 
To stay informed about this proceeding and receive documents  and notices of 
upcoming workshops and hearings as they are filed, please subscribe to the proceeding 
email subscription https://w ww.energy.ca.gov/proceedings/energy -commission -
proceedings/flexible -demand -appliances/pool -controls . The email subscription sends 
out email notifications and direct links when documents and notices are filed in the 
proce eding docket. If you are unable to access the website and would like a copy of the 
rulemaking documents mailed or emailed to you, or if you have any questions, please 
contact Corrine Fishman at corrine.fis hman@energy.ca.gov  or Nicholaus Struven at 
nicholaus.struven@energy.ca.gov . 
 
The CEC’s Public Advisor provides the public assistance in participating in CEC 
proceedings. If you want information on how to participate in this forum, please contact 
the Public Advisor at publicadvisor@energy.ca.gov , or by phone at (916) 957 -7910. 
Requests for language services and reasonable accommodation  should be made as 
soon as possible or at least five days in advance. The CEC w ill work diligently to 
accommodate late requests.  
 
Direct media inquiries to the Media and Public Communications Office at (916) 654 - 
4989, or by email at mediaoffice@energy.ca.gov . 
 
Summary of Proposed Modifications  
The foll owing summary does not include all modifications to correct typographical or 
grammatical errors, changes in numbering or formatting, nor does it include all the non -
substantive revisions made to improve clarity.  Modifications to the sections  listed below.  
 
1) Changes to Section 1690. Scope . Adding clarity as requested  by stakeholders . 
a) (a) Clarified section to indicate the focus is on consumer pool controls  by 
removing “as consumer products” to top level scope section and added to (1) 
Pool controls “Pool controls that are consumer product s designed to use single -
phase AC power as input power .” 
 
2) Added Section 1690.1. Rules of Construction  
a) Rules of construction added to make clear use of singular vs. plural, “and” vs. 
“or”, and “shall” vs. “may” throughout proposed regulations.  
 3) Changes to Section 169 1. Definitions  
a) (a) General Definitions . Clarified multiple definitions with input from 
stakeholders by adding definitions, modifying definitions , and removing no longer 
needed definitions . 
i) Modified  “Authentication”  definition  to focus on connected devices.  
ii) Removed “Authentication credential” definition because it was no longe r 
needed.  
iii) Added  “Communication layers” definition to help clarify communication 
definitions  and better align with Energy Star.  
iv) Added “Communication link” definition to help clarify communication 
definitions  and better align with Energy Star.  
v) Modified “Conn ected device” definition to help c larify the connected device 
definitions and better align with Energy Star.  
vi) Added “C onnected ready device ” definition to help clarify connectivity  
definitions.  
vii) Removed “TCP/IP signal” definition because it was no longer needed.  
viii)Modified  “Consent”  definition  for clarity by adding consumer . 
ix) Modified “Load -serving entity”  definition  for clarity includ ing reference to the 
Public Uti lities Code . 
x) Added “Open standards” definition to help clarify open standards and to 
better align with Energy Star.  
xi) Added “ Personal information ” definition to help clarify data protection scope  
and to better align with other California state laws . 
xii) Added “Radio broadcast data system  receiver ” definition to help  clarify  the 
compliant connected options . 
xiii)Modified “Special character” definition to improve clarity, taking two 
sentences and forming a single sentence.  
xiv) Removed one instance of the “Security feature” definition because it was 
duplicative . 
b) (b) Pool Control  Definition s. Clarified multiple definitions with input from 
stakeholders by adding definitions, modifying definitions , and removing no longer 
needed definitions . 
i) Modified “Dedicated -purpose pool pump” definition to add clarity  and align 
with the definition at the U.S . Department of Energy . 
ii) Added “ Direct load control switch ” definition to help clarify pool control  
definitions and better align with existing industry  terminology . 
iii) Added “ Heater switch ” definition to help clarify pool control  definitions and 
better align with existing industry  terminology . 
iv) Added “ Integral ” definition to help clarify pool control  definitions and better 
align with existing industry  termin ology . v) Modified  “Pool equipment ” definition to help clarify pool equipment  definitions 
and better align with existing industry  terminology.  
vi) Modified “Pool control ” definition to help clarify pool control  definitions 
utilizing  defin itions  provided by stakeholders  for “pool timer”, “pool pump 
switch”, “heater switch”, “direct load control  switch” , and better align ment  with 
existing industry  terminology.  
vii) Modified “Pool control” definition to only use the singular reference  to 
improve clarity  and added clarity  exclusion  for safety interlock or shutoff 
controls . 
viii)Modified “Pool filter pump” definition to improve clarity for stakeholders.  
ix) Removed  “Pump Priming” definition because it is no longer needed.  
x) Added “ Pool pump switch ” definition to help clarify pool control definitions 
and better align with existing industry  terminology.  
xi) Added “ Pool timer ” definition to help clarify pool control definitions and better 
align with existing industry  terminology.  
xii) Added “documents incorpor ated by reference”  section  to the end of section 
1691  to identify the documents for existing standards  utilized in  various  
definitions  to provide the public with complete information on the basis for 
those definitions.  
 
4) Changes to Section 169 2. General Requirements  
a) (c) Cybersecurity . Clarified  “(3) Data Protection ”, “(4) Passwords ”, “(5) 
Software Update” , and “(8) Override Function  with input from stakeholders’  
comments by adding  or removing text . 
i) Modified  (3) Data Protection  to avoid being overly prescriptive  and at the 
same time clarify the scope  is targeted  to consumer data protection for 
personal information.  The language  utilizes a definition for personal 
information  found in the General Definitions Section 1691 and  aligns with 
other  California laws that protect  consumer data . 
ii) Modified (4) Passwords  to avoid being overly prescriptive  and at the same 
time clarify the scope is targeted  at requiring a  connected device  to contain 
an authentication process. The subsection was renamed to “Authentication ” 
because there are many methods of authentication for a device  and a 
password is an example of one of those methods. If a plain text -based 
password is used there is a minimum requirement . 
iii) Modified (5) Software Update  with input from stakeholders to avoid being 
overly prescriptive , staff removed  the requirement  to attempt to receive an 
update on the initial connection to the internet  replacing  it with the 
requirement to provide the consumer with the ability to check for updates . 
iv) Modified  (8) Override  Function  to clarify the scope is targeted to “event 
response ” settings, not all of the possible settings in the connected device.   
5) Changes to Section 169 3. Appliance Specific S tandards and  Requirements  
a) (b) Pool Controls . Clarified communication requirements , connectivity 
requirements , and clock requirements  with input from stakeholder  comments by 
adding and removing text.  
i) Modified (1) to add clarity that the standards  for pool controls  will become 
effective one year after adoption  by the Energy Commission . 
ii) Modified (2) Flexible demand appliance standards  (A) to add clarity  that 
stakeholders have requested  to the minimum communication requirements  
and amended  the compliance  dates  for specific communication pathways . 
iii) Modified (2) Flexible demand appliance standards ( B) (1) (b) to add clarity 
that stakeholders have requested to the clock  requirements  to sy nchronize 
with the local time.  
iv) Added  (2) Flexible demand appliance standards (B) (2)  (a) to add clarity 
that stakeholders have requested to include  options for local and remote 
setup . 
v) Added  (2) Flexible demand appliance standards (B) (3) (a)  to add clarity 
that stakeholders have requested to include options for connected de vice 
local and remote s etup. 
vi) Modified  (2) Flexible demand appliance standards (C)  (1) (a) (iii) by 
removing “water”  to use consistent  language  within the document . 
vii) Removed  (2) Flexible demand appliance standards (C)  (1) (c) because it is 
a duplicative requirement and is no longer necessary . 
viii)Removed (2) Flexible demand appliance standards (C)  (2) because the 
default schedule requirement is now clearly stated  in section (C) (1). 
ix) Modified  (4) Marking  by cha nging “must ” to “shall ” adding clarity  to the 
requirement . 
x) Modified  (5) Cybersecurity by changing “must ” to “shall” adding clarity to the 
requirement.  
xi) Added  (6) Communication  to add clarity that stakeholders have reque sted 
for communication , remov ing ambiguity and providing a clear requirement for 
communication  aligning  with Energy Star communications requirements.  
 
6) Changes to Section 169 4. Customer and Consumer Consent  Adding clarity as 
requested by stakeholders . 
i) Modified subsection (a) to clarify the requirements.  
ii) Added subsection (b) to remove ambiguity and provide clarity for connected 
appliance communication link functionality minimum re quirements . 
iii) Added subsection (c) to remove ambiguity and provide clarity for connected 
appliance communication link functionality  minimum requirements.  
iv) Added subsection (d) to remove ambiguity and provide clarity for connected 
appliance  communication link functionality  minimum requirement s. 
v) Added subsection (e) to remove ambiguity and provide clarity for radio 
broadcas t data system  appliance  minimal requirements . 
 7) Changes to Section 169 6. Data Submittal Requirements  Updated Table A-1, 
Table A-2 and Table B -1 to reflect the changes made in the previous section . 
i) Added  line item in Table A -1 to clarify  certification for connected device s, 
connected ready devices and radio broadcast data system capable device s. 
ii) Added  line item in Table A -2 to clarify  connectivity  compliance.  
iii) Modified line item in Table A -2 to clarify communication compliance.  
iv) Modified line item in Table A -2 to clarify data protection  for personal 
information  compliance.  
v) Modified line item in Table A -2 to clarify  compliance  certification for 
authen tication . 
vi) Removed line item in Table A -2 referring  to not displaying personal data in 
plaintext on the user  interface because it is no longer needed . 
vii) Modified Table B -1 to clarify compliance certification for local control . 
viii)Added line item in Table B -1 to clarify compliance certification for remote 
control.  
ix) Modified  Table B -1 to clarify the greater than  or equal to  50% symbols . 
x) Modified Table B -1 to remove the word “water” from “electric pool heater” . 
xi) Modified  Table B -1 to clarify the default operation of the press ure cleaner 
booster pump . 
xii) Modified Table B -1 to clarify the default operation by removing “at” and 
replacing with “no earlier than”.  
 
8) Changes to Section 169 7. Complianc e, Enforcement, and Administrative Civil 
Penalties  
i) (b) Administrative Civil Penalties  (2) Notices of Violation  removed “ or 
their designee” to  provide  consistent document language . 
ii) (b) Administrative Civil Penalties ( 5) Other Enfor cement Procedures  
removed “their designee” to  provide  consistent document language.