CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
192items and all information on which the proposal is 
based (i.e., rulemaking file) is available to the public 
upon request directed to the department’s contact per -
son. The proposed text, ISOR, and Notice of Proposed 
Regulations will also be made available on the depart -
ment’s website: www.cdcr.ca.gov .
AVAILABILITY OF THE FINAL  
STATEMENT OF REASONS
Following its preparation, a copy of the Final State -
ment of Reasons may be obtained from the depart -
ment’s contact person.
AVAILABILITY OF CHANGES TO  
PROPOSED TEXT
After considering all timely and relevant comments 
received, the department may adopt the proposed reg -
ulations substantially as described in this Notice. If the 
department makes modifications which are sufficient -
ly related to the originally proposed text, it will make 
the modified text, with the changes clearly indicated, 
available to the public for at least 15 days before the 
department adopts, amends or repeals the regulations 
as revised. Requests for copies of any modified reg -
ulation text should be directed to the contact person 
indicated in this Notice. The department will accept 
written comments on the modified regulations for at 
least 15 days after the date on which they are made 
available.
TITLE 20.  ENERGY COMMISSION
2022 APPLIANCE EFFICIENCY 
RULEMAKING FOR COMMERCIAL AND 
INDUSTRIAL FANS AND BLOWERS  
DOCKET NUMBER 22–AAER–01
INTRODUCTION
Notice is hereby given that the California Energy 
Commission (CEC) proposes to adopt regulations for 
commercial and industrial fans and blowers into the 
California Code of Regulations (CCR) Title 20 (“the 
Proposed Action”), after considering all comments, 
objections, and recommendations, regarding the Pro -
posed Action.
PUBLIC HEARING
The CEC staff will hold a public hearing for the 
proposed regulations at the date and time listed be -
low. Interested persons, or their authorized represen -
tative, may present statements, arguments, or conten -tions relevant to the proposed regulations at the public 
hearing. The record for this hearing will be kept open 
until every person has had an opportunity to provide 
comment.
Tuesday April 12, 2022  
10:00 a.m. (Pacific Time)
BUSINESS MEETING
PLEASE TAKE NOTICE  that the CEC will con -
sider and possibly adopt the proposed regulations at 
a CEC Business Meeting at the date and time listed 
below. Interested persons, or their authorized repre -
sentative, may present statements, arguments, or con -
tentions relevant to the proposed regulations at the 
Business Meeting. If the date, time, place, or nature of 
the proposed adoption changes, the CEC will provide 
updated information in the rulemaking docket.
Wednesday, June 8, 2022  
10:00 a.m. (Pacific Time)
The public hearing will be held remotely, consistent 
with AB 361 (Rivas, Stats. 2021, chapter 165, § 2) and 
Executive Order N–1–22 to improve and enhance pub -
lic access to state and local agency meetings during 
the COVID–19 pandemic by allowing broader access 
through teleconferencing options. Instructions for re -
mote participation for the public hearing are below.
REMOTE ATTENDANCE
The public hearing may be accessed by clicking 
the Zoom link below or visiting Zoom at https://join.
zoom.us  and entering the ID and password below. If 
you experience difficulties joining, you may contact 
Zoom at (888) 799–9666 extension 2, or the Office of 
the Public Advisor, Energy Equity and Tribal Affairs 
at publicadvisor@energy.ca.gov  or by phone at (916) 
654–4489 or toll free at (800) 822–6228.
Link: https://energy.zoom.us/j/92683364288?pwd=
cGprWHZiMnpnMkhJVFZyMk1Ua09QQT09  
Webinar ID: 926 8336 4288  
Passcode: 290779
To participate by telephone dial (213) 338–8477 or 
(888) 475–4499 (toll free). When prompted, enter the 
Webinar ID and password listed above. To comment 
or ask a question over the telephone, dial *9 to “raise 
your hand” and *6 to mute/unmute your phone line.
PUBLIC ADVISOR
The CEC’s Office of the Public Advisor, Energy Eq -
uity and Tribal Affairs provides the public assistance 
in participating in CEC proceedings. For information 
on participation or to request interpreting services CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
193
or reasonable accommodations, reach out via email 
at publicadvisor@energy.ca.gov , by phone at (916) 
654–4489, or toll free at (800) 822–6228. Requests for 
interpreting services and reasonable accommodations 
should be made at least five days in advance. The CEC 
will work diligently to accommodate all requests.
Zoom: If you experience difficulties with the Zoom 
platform, please contact the Office of the Public Ad -
visor, Energy Equity and Tribal Affairs via email or 
phone.
NEWS MEDIA INQUIRIES
Direct media inquiries to the Media and Public Com -
munications Office to (916) 654–4989 or mediaoffice@  
energy.ca.gov .
PUBLIC COMMENT PERIOD
The written public comment period for the commer -
cial and industrial fans and blowers proposed regula -
tions will be held from February 25, 2022, through 
April 11, 2022. Any interested person, or their autho -
rized representative, may submit written comments 
to the CEC for consideration on or prior to April 11, 
2022. The CEC appreciates receiving written com -
ments at the earliest possible date. Comments sub -
mitted outside this comment period are considered 
untimely. CEC may, but is not required to, respond to 
untimely comments, including those raising signifi -
cant environmental issues.
Written and oral comments, attachments, and asso -
ciated 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 CEC encourages use of its electronic commenting 
system. Visit the e–commenting page at https://www.
energy.ca.gov/rules–and–regulations/appliance–  
efficiency–regulations–title–20/appliance–efficiency–  
proceedings–11  which links to the comment page for 
this docket. Enter your contact information and a com -
ment title describing the subject of your comment(s). 
Comments may be included in the “Comment Text” 
box or attached as a downloadable, searchable doc -
ument consistent with Title 20, California Code of 
Regulations, Section 1208.1. The maximum file size 
allowed is 10 MB.
Written comments may also be submitted by email. 
Include docket number 22–AAER–01 in the subject 
line and email to docket@energy.ca.gov .A paper copy may be sent to:
California Energy Commission  
Docket Unit  
Docket Number 22–AAER–01  
715 P Street, MS–4  
Sacramento, CA 95814
Pursuant to California Code of Regulations Title 
20, Section 1104(e), any person may make oral com -
ment on any agenda item at the June 8, 2022, Business 
Meeting. Please consult the public agenda, which will 
be posted ten days before the June 8, 2022, Business 
Meeting, for important details.
To ensure you receive notice of any changes to the 
proposed regulations in this proceeding, please follow 
the instructions provided at the end of this notice to 
join the proceeding listserv or provide a valid email or 
mailing address with your comments.
STATUTORY AUTHORITY AND REFERENCE
Public Resources Code Sections 25213, 25218(e), 
and 25402(a)–(c) authorize the CEC to adopt rules 
or regulations, as necessary, to implement Public  
Resources Code Section 25402(c).
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
The Warren–Alquist Act establishes the CEC as 
California’s primary energy policy and planning 
agency. Sections 25213, 25218(e), and 25402(c) of the 
Public Resources Code mandate and/or authorize that 
the CEC adopt rules and regulations, as necessary, to 
reduce the inefficient consumption of energy and wa -
ter by prescribing efficiency standards and other cost–  
effective measures for appliances whose use requires a 
significant amount of energy or water statewide.
One of the ways the CEC satisfies this requirement 
is through the Appliance Efficiency Regulations, Ti -
tle 20, Sections 1601–1609, which contain definitions, 
test procedures, efficiency standards, and marking and 
certification requirements for state and federally reg -
ulated appliances. Further, the regulations require that 
appliance manufacturers certify to the CEC that their 
products meet all applicable state and federal appli -
ance efficiency regulations before their products can 
be included in the CEC’s Modernized Appliance Effi -
ciency Database System (MAEDbS) of appliances ap -
proved to be sold or offered for sale within California.
The CEC is proposing regulations for new commer -
cial and industrial fans and blowers. There are an es -
timated 2 million commercial and industrial fans and 
blowers in California used in a wide variety of applica -
tions including commercial building ventilation, com -
mercial kitchen exhaust systems, industrial processes, CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
194and agricultural ventilation. The CEC analyzed avail -
able market data and concluded that the regulations 
for commercial and industrial fans and blowers would 
significantly reduce energy consumption.
Therefore, the CEC has prepared the proposed reg -
ulations to provide definitions, test procedures, and 
reporting requirements, for commercial and industrial 
fans and blowers used in building applications. The 
regulations would apply to all commercial and indus -
trial fans and blowers greater than or equal to 1 horse -
power, or for fans without a rated shaft input power, 
an electrical input power greater than or equal to 1kW, 
but no more than 150 air horsepower.
The CEC proposes to explicitly exclude the follow -
ing types of fans from these regulations:
 ● safety fans as defined in Section 1602(d) of this 
Article.
 ● ceiling fans as defined in 10 CFR § 430.2.
 ● circulating fans.
 ● induced–flow fans.
 ● jet fans.
 ● crossflow fans.
 ● embedded fans as defined in ANSI/AMCA 
214–21.
 ● fans mounted in or on motor vehicles or other 
mobile equipment.
 ● fans that create a vacuum of 30 in. water gauge 
or greater; and
 ● air curtain unit as defined in Section 1602(d) of 
this Article.
Difference from existing comparable federal 
regulation or statute
The CEC has determined that there are no existing 
comparable federal regulations or statutes.
The U.S. Department of Energy (DOE) issued a 
notice of proposed determination June 28, 2011, pro -
posing that commercial and industrial fans, blowers, 
and fume hoods meet the criteria for covered equip -
ment under the Energy Policy and Conservation Act 
(EPCA). On December 10, 2014, DOE issued a Notice 
of Data Availability (NODA), followed by a second 
NODA on May 1, 2015. The Appliance Standards and 
Rulemaking Federal Advisory Committee (ASRAC) 
formed a working group to negotiate potential effi -
ciency standards and test procedures for fans. The ne -
gotiations resulted in a term sheet that included scope, 
test procedures, and standards for fans. The DOE re -
leased a third NODA to support the recommendations 
in the term sheet on November 1, 2016. However, DOE 
suspended its rulemaking for commercial and indus -
trial fans and blowers in January 2017.
On August 19, 2021, DOE published a final cover -
age determination for specified fans and blowers. In 
February 2022, DOE issued a Request for Informa -tion, soliciting information from stakeholders regard -
ing standards for fans and blowers. However, as of the 
publication of this document, DOE has not proposed 
test procedures, labeling requirements, or energy con -
servation standards for commercial and industrial 
fans and blowers.
Broad objectives of the regulations and the specific 
benefits anticipated by the proposed amendments
The broad objective of the regulations is to carry out 
the CEC’s statutory mandate to reduce the wasteful, 
uneconomic, inefficient, or unnecessary consumption 
of energy by providing definitions, test procedures, 
and reporting requirements for commercial and indus -
trial fans and blowers used in building applications in 
the appliance efficiency regulations.
The specific benefits of the proposed regulations 
are utility cost savings to the consumer, and lower 
statewide energy use. The proposed regulations cov -
er commercial and industrial fans and blowers used 
in building applications. The estimated net benefit for 
end users of commercial and industrial fans and blow -
ers is between $407 to $6,117 per unit, depending on 
fan type. The first year the requirements take effect, 
California will save around 61 gigawatt–hours (GWh) 
and about 1,755 GWh per year after full stock turnover 
in 2052. These savings equate to about $303 million 
in savings per year after full stock turnover for an ap -
proximate total appliance life–cycle net benefit of over 
$5 billion for California businesses and industries.
Determination of inconsistency or incompatibility 
with existing state regulations
California does not have appliance efficiency regula -
tions under Title 20 of the California Code of Regula -
tions for commercial and industrial fans and blowers.
The California Building Code has requirements 
under Title 24, Part 6, Section 110.2 of the California 
Code of Regulations for some equipment that has an 
embedded commercial or industrial fan or blower or a 
combination. These requirements are for efficiency re -
lated to space conditioning, including requirements for 
minimum energy efficiency ratio, integrated energy 
efficiency ratio, coefficient of performance, integrated 
part–load value, or kilowatt–per–ton of refrigeration.
In addition, there are direct fan requirements in the 
building code under Title 24, Part 6, Section 140.4(c) 
of the California Code of Regulations, but these re -
quirements are applicable only to new buildings and 
not every installation. The Title 24 requirements ap -
ply to fan systems used for space conditioning and 
do not conflict with the requirements of the proposed 
regulation.
Therefore, the CEC has determined that the pro -
posed regulations would not prevent compliance with 
existing state regulations and are neither inconsis -
tent nor incompatible with any other existing state 
regulations.CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
195
DOCUMENTS INCORPORATED  
BY REFERENCE
The CEC proposes to incorporate the following 
document by reference:
ANSI/AMCA Standard 214–21 — Test Procedure 
for Calculating Fan Energy Index (FEI) for Commer -
cial and Industrial Fans and Blowers.
All documents are available for review at the 
CEC located at 715 P Street, Sacramento, Cali -
fornia 95814, or on the CEC’s website found at 
https://www.energy.ca.gov/rules–and–regulations/  
appliance–efficiency–regulations–title–20/appliance–  
efficiency–proceedings–11 .
MANDATED BY FEDERAL  
LAW OR REGULATIONS
None.
OTHER STATUTORY REQUIREMENTS
None.
FISCAL IMPACTS
The CEC has made the following initial 
determinations:
 ● Mandate on local agencies and school districts: 
None.
 ● Cost to any local agency or school district re -
quiring reimbursement pursuant to Government 
Code section 17500 et seq.: None.
 ● Cost or savings to any state agency: None.
 ● Non–discretionary cost or savings imposed upon 
local agencies: None.
 ● Cost or savings in Federal funding to the state: 
None.
SIGNIFICANT EFFECT ON  
HOUSING COSTS
None.
SIGNIFICANT STATEWIDE ADVERSE 
ECONOMIC IMPACT DIRECTLY AFFECTING 
BUSINESS, INCLUDING ABILITY OF 
CALIFORNIA BUSINESSES TO COMPETE 
WITH BUSINESSES IN OTHER STATES
The CEC has made an initial determination that the 
proposed regulations will not have a statewide adverse 
economic impact directly affecting business, includ -
ing the ability of California businesses to compete 
with businesses in other states.The CEC proposes to test fans using ANSI/AMCA 
214–21 test procedures to test and calculate the fan 
energy index (FEI) for standalone commercial and in -
dustrial fans and blowers. The fan categories covered 
by this proposal include a wide variety of common 
commercial and industrial applications. In contrast, 
the excluded fan categories are fan types that are pri -
marily used in specialty applications including those 
embedded in equipment with a main function other 
than the movement of air.
The proposed regulations will require manufactur -
ers to include certain information, and prohibit other 
specified information, on the labeling of commercial 
and industrial fans and blowers. Business may be 
impacted if they purchase regulated commercial and 
industrial fans and blowers. The CEC assumes that 
manufacturers will pass the incremental cost to meet 
the requirements onto the businesses involved in the 
distribution and sales, which in turn will then pass the 
cost on to the consumers. The CEC assumes that com -
mercial and industrial fans and blowers are typically 
purchased by businesses not individuals. The pro -
posed regulations for commercial and industrial fans 
and blowers may have an initial increased incremental 
cost to businesses but will result in lower utility bills 
to those businesses through reduced electricity con -
sumption. The savings from the lower utility bills over 
the lifetime of the more efficient appliance exceeds the 
incremental costs.
Retailers are responsible for ensuring that the reg -
ulated products they sell are certified to the CEC and 
appear in the CEC Modernized Appliance Efficiency 
Database System (MAEDbS) before they are sold or 
offered for sale in California. Because commercial 
and industrial fans and blowers are newly covered 
products, the CEC assumes that retailers will experi -
ence some additional costs associated with checking 
MAEDbS to ensure that the appliance(s) they sell are 
certified to the CEC and appear in the MAEDbS and 
are therefore compliant and lawful to sell in the state.
RESULTS OF THE ECONOMIC IMPACT 
ANALYSIS/ASSESSMENT
The CEC concludes that: (1) the proposal will not 
create jobs within California, (2) the proposal will 
not eliminate jobs within California, (3) the proposal 
will not create new businesses in California, (4) the 
proposal will not eliminate existing businesses with -
in California, and (5) the proposal will not result in 
the expansion of businesses currently doing business 
within the state.
The benefits of the proposed regulations are utili -
ty cost savings to the consumer and lower statewide 
energy use. The proposed regulations cover commer -
cial and industrial fans and blowers used in building CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
196applications. The first year the regulations take effect, 
California will save around 61 gigawatt–hours (GWh) 
of electricity and about 1,755 GWh per year after full 
stock turnover in 2052. These savings equate to about 
$5 billion for California businesses and industries over 
the lifetime of these appliances.
The proposed regulation will not adversely impact 
the health and welfare of California residents, worker 
safety, or the state’s environment.
COST IMPACTS ON REPRESENTATIVE 
PERSON OR BUSINESS
The CEC is not aware of any cost impacts that a rep -
resentative person or business would necessarily incur 
in reasonable compliance with the Proposed Action.
The CEC assumes that commercial and industrial 
fans and blowers are typically purchased by business -
es not individuals, so no cost impacts are anticipated 
for individuals.
The CEC proposes using ANSI/AMCA 214 test 
procedure to test and calculate the fan energy index 
(FEI) for standalone commercial and industrial fans 
and blowers. The fan categories covered by this pro -
posal include a wide variety of common commercial 
and industrial applications. In contrast, the excluded 
fan categories are fan types that are primarily used 
in specialty applications including those embedded in 
equipment with a main function other than the move -
ment of air.
The proposed regulation will require manufactur -
ers to include certain information, and prohibit other 
specified information, on the labeling of commercial 
and industrial fans and blowers. Business may be im -
pacted if they purchase regulated fans and blowers. 
The CEC assumes that manufacturers will pass the in -
cremental cost to meet the requirements onto the busi -
nesses involved in the distribution and sales, which 
in turn will then pass the cost on to the consumers. 
While there is an initial increased incremental cost to 
businesses, the reduced energy consumption will re -
sult in lower utility bills to those businesses. The sav -
ings from the lower utility bills over the lifetime of the 
more efficient appliance exceed the incremental costs.
BUSINESS REPORT
The regulations impose a new reporting require -
ment for manufacturers of commercial and industrial 
fans and blowers.
State law (Public Resources Code Section  
25402(c)(1)) requires manufacturers to certify to the 
CEC that their appliances comply with the applicable 
labeling requirements before they are sold or offered 
for sale in the state. The Appliance Efficiency Reg -
ulations require manufacturers to provide specified information for this purpose to the CEC Modernized 
Appliance Efficiency Database System (MAEDbS). 
MAEDbS is used by manufacturers and maintained 
by the CEC to list the appliances authorized to be sold 
or offered for sale in California. This is necessary to 
help the CEC and consumers verify compliance with 
applicable federal and state efficiency standards and 
requirements. Some retailers may choose to act as a 
manufacturer when they rebrand a product and as -
sume the certification obligation for that model.
It is necessary for the health, safety, or welfare of 
the people of the state, that these regulations, which 
require a report, apply to businesses.
EFFECT ON SMALL BUSINESS
The proposed regulations may affect small business. 
However, the CEC is not aware of any significant cost 
impacts that a small business would incur in reason -
able compliance with the Proposed Action.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code Section 
11346.5, subdivision (a)(13), the CEC must determine 
that no reasonable alternative considered by the agen -
cy, or that has otherwise been identified and brought 
to the attention of the agency, would be more effective 
in carrying out the purpose for which the action is pro -
posed; would be as effective and less burdensome to 
affected private persons than the Proposed Action; or 
would be more cost–effective to affected private per -
sons and equally effective in implementing the statu -
tory policy or other provision of law.
CONTACT PERSON
Questions should be addressed to:
Corrine Fishman, Regulations Manager  
Efficiency Division  
715 P Street  
Sacramento, CA 95814  
(916) 805–7452  
corrine.fishman@energy.ca.gov
Or:
Alejandro Galdamez, P.E.  
Efficiency Division  
(916) 237–2550  
alejandro.galdamez@energy.ca.govCALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 8-Z
197
COPIES OF THE INITIAL STATEMENT OF 
REASONS (ISOR), THE EXPRESS  
TERMS, AND RULEMAKING FILE
The CEC will have the entire rulemaking file 
available for inspection and copying throughout the 
rulemaking process at the above address. As of the 
date this notice is published in the Notice Register, 
the rulemaking file consists of this notice, the ex -
press terms, and the ISOR. Copies may be obtained 
by contacting Corrine Fishman at the email or phone 
number above or accessed through the CEC’s website 
at https://www.energy.ca.gov/rules–and–regulations/  
appliance–efficiency–regulations–title–20/appliance–  
efficiency–proceedings–11 .
AVAILABILITY OF CHANGES TO  
ORIGINAL PROPOSAL FOR  
AT LEAST 15 DAYS PRIOR TO AGENCY  
ADOPTION/REPEAL/AMENDMENT OF  
RESULTING REGULATIONS
Participants should be aware that any of the pro -
posed regulations could be changed as a result of pub -
lic comment, staff recommendation, or recommen -
dations from Commissioners. Moreover, changes to 
the proposed regulations not indicated in the express 
terms could be considered if they improve the clarity 
or effectiveness of the regulations. If the CEC consid -
ers changes to the proposed regulations pursuant to 
Government Code Section 11346.8, a full copy of the 
text will be available for review at least 15 days prior 
to the date on which the CEC adopts or amends the 
resulting regulations.
COPY OF THE FINAL  
STATEMENT OF REASONS
At the conclusion of the rulemaking, persons may 
obtain a copy of the Final Statement of Reasons 
(FSOR), once it has been prepared, by contacting 
the person above or by visiting the CEC’s website at 
https://www.energy.ca.gov/rules–and–regulations/  
appliance–efficiency–regulations–title–20/appliance–  
efficiency–proceedings–11 .
AVAILABILITY OF  
DOCUMENTS ON THE INTERNET
The CEC maintains a website to facilitate public 
access to documents prepared and considered as part 
of this rulemaking proceeding. Documents prepared 
by the CEC for this rulemaking have been posted at 
https://www.energy.ca.gov/rules–and–regulations/  
appliance–efficiency–regulations–title–20/appliance–  
efficiency–proceedings–11 .INSTRUCTIONS FOR RECEIVING NOTICES 
AND DOCUMENTS IN THIS PROCEEDING
To stay informed about this project and receive doc -
uments and notices of upcoming workshops and hear -
ings as they are filed please subscribe to the Appliance 
listserv,  which can be accessed here: https://www.
energy.ca.gov/rules–and–regulations/appliance–  
efficiency–regulations–title–20/appliance–efficiency–
proceedings . The listserv sends out email notifications 
and direct links when documents and notices are filed 
in the proceeding docket. If you are unable or do not 
wish to sign up for the listserve but still would like 
to receive documents and notices, please contact the 
contact person listed in this notice.
TITLE 20.  ENERGY COMMISSION
DELEGATION OF GEOTHERMAL POWER 
PLANT SITING AUTHORITY TO  
LOCAL GOVERNMENT  
SECTIONS 1802, 1860 THROUGH 1870  
DOCKET NUMBER 21–OIR–02
INTRODUCTION
Notice is hereby given that the California Energy 
Commission (CEC) proposes to adopt amendments 
to the CEC’s procedures to delegate its site certifica -
tion authority over geothermal power plants to coun -
ties contained in the California Code of Regulations 
(CCR), Title 20 (Proposed Action), after considering 
all comments, objections, and recommendations re -
garding the Proposed Action.
PUBLIC HEARING
The CEC staff will hold a public hearing on the pro -
posed regulations at the date and time listed below. 
Interested persons, or their authorized representative, 
may present statements, arguments, or contentions 
relevant to the proposed regulations at the public 
hearing. The record for this hearing will be kept open 
until every person has had an opportunity to provide 
comment.
Public Hearing  
Thursday, April 14, 2022  
10:00 a.m. (Pacific Time)
The public hearing will be held remotely, consistent 
with recommendations from the California Depart -
ment of Public Health to encourage physical distanc -
ing to slow the spread of COVID–19. Instructions for 
remote participation are below.