DOCKETED  
Docket Number:  22-AAER -02 
Project Title:  Repeal of Portable Luminaires  
TN #:  249870  
Document Title:  Final Statement of Reasons (FSOR)  
Description:  Final Statement of Reasons, including responses to all 
comments received, for the Repeal of Portable Luminaires 
Rulemaking  
Filer:  Carlos Baez  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  4/26/2023 11:27:16 AM  
Dockete d Date:  4/26/2023  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
 
CALIFORNIA ENERGY COMMISSION   
1516 Ninth Street  
Sacramento, California 95814  
 
energy.ca.gov  
 
CEC-0 57 (Revised 1/21)
FINAL STATEMENT OF REASONS  
Repeal of Portable Luminaires Regulations 
OAL Z# 2022 -1028 -01 
 
UPDATE OF THE INITIAL STATEMENT OF REASONS  
There were no modifications to the regulation text following the close of the public 
comment period.   
LOCAL MANDATE DETERMINATION  
The California Energy Commission (CEC)  has determined that this action will not result 
in a local mandate on local agencies or school districts.  
CONSIDERATION OF ALTERNATIVE PROPOSALS  
The CEC determined pursuant to Government Code s ection 11346.9(a)(4)  that no 
alternative before it would be more effective in carrying out the purpose for which this 
action is proposed;  no alternative would be as effective as and less  burdensome to 
affected persons  than the adopted regulation;  and no alternative would be more cost -
effective to affected private persons  and equally effective in implementing the statutory 
policy or other provision of law.   
  
The adopted regulations will not have a significant adverse economic impact on small business and no alternatives were proposed that would lessen any adverse economic impact on small business.   
 
INCORPORATION BY REFERENCE  
The CEC is repe aling th e following documents incorporated by reference:  
 
• IES LM -79-08 Approved Method: Electrical and Photometric Measurements of 
Solid -State Lighting Products  
• ANSI/NFPA 70 (2002) National Electrical  Code  
• UL 588 Standard for Seasonal and Holiday Decorative Products  
• California Joint Appendix Testing of Light Emitting Diode Light Sources  
JA8 – 2008  
• UL 153 Portable Luminaires  
 The documents were made available upon request directly from the CEC throughout the course of this rulemaking action.   
SUMMARY AND RESPONSES TO PUBLIC COMMENTS RECEIVED  
All summaries and  responses to public comments  in item 8 of this rulemaking file are 
hereby incorporated by reference to this Final Statement of Reasons and included in the 
final record.  
 1  
Written Comments Received  
Repeal of Portable Luminaire Regulations  
Title 20, Division 2, Chapter 4, Article 4 California Code of Regulations  
45-Day Comment Period  
November 11, 2022,  Through January 17, 2023  
 
Commenter  Date 
Submitted  Comments/  
Suggested Revisions  Response  
Rachel Michelin – 
California Retailers 
Association; Jack Monger – Industrial 
Environmental Association; and Chuck White – 
Manat t, Phelps, and 
Phillips, LLP  
 December 29, 
2022  General Letter of Support . 
 General letter of support. 
No response required. 
Steve Uhler  January 13, 
2023   
  “Where is the location of the rulemaking file that will be submitted to the Office of Administrative Law (OAL) for review of the regulation?  
 Does the rulemaking file that will be submitted to the OAL contain the required 1 CCR 86 statement of mailing at this time?  
       
The docket for the rulemaking proceeding (22 -AAER -02) 
does not contain the required 1 CCR 86 statement of 
mailing at this time.  Comment acknowledged. 
No changes  required – 
comment does not relate to proposed regulatory language or request changes to such language. 
  The rulemaking file being submitted to OAL will include all the rulemaking documents currently docketed in docket 22-AAER -02. The final 
statement of reasons with the response to comments will be added to the docket with the final approved text and the OAL approval upon 2 Commenter  Date 
Submitted  Comments/  
Suggested Revisions  Response  
 
 
Please ensure that all records in the rulemaking file that 
will be submitted to the OAL are also filed in docket for the rulemaking proceeding so the public that wishes to know the complete rulemaking record does not have to request these records from the OAL after the Energy 
Commission submits the rulemaking file to the OAL for review.  
 Please do not continue the practice of keeping two separate rulemaking files as was done for the 2022 Load Management Rulemaking proceeding (21- OIR-03).” filing with the secretary  of 
state.  
 
The mailing statement is added to the final 
rulemaking package 
provided to OAL .  
 
The complete rulemaking file is docketed upon approval by OAL.  
    Some  rulemaking s have 
both a pre- rulemaking 
docket and a formal rulemaking docket. All documents are available to the public in both the dockets.  
 
It is longstanding practice among many agencies, including the CEC, to conduct a "pre- rulemaking" 
procedure to involve the public and parties that would be subject to the proposed regulations, and other relevant stakeholders, in addition to formal rulemaki ng, as 
contemplated by California 3 Commenter  Date 
Submitted  Comments/  
Suggested Revisions  Response  
Government Code section 
11346.45(a).  
Michael Weems – 
American Lighting 
Association  January 17, 
2023  General Letter of Support.  General letter of support. 
No response required.  
Barry Mroz – 
Williams -Sonoma, 
Inc. March 1, 2023 
(outside 
comment period)  “I’m trying to figure out when this repeal is effective and 
do not see a date on any of the documents,  however I 
may have missed it. Also since this is a subtractive regulation, can we immediatel y stop  including bulbs with 
luminaire shipments?” Comment acknowledged. 
No changes needed –comment inquiries  about 
effective date and does not suggest a change to effective date .  
 
We anticipate the repeal will go into effect  on or before 
July 1, 2023. The 
regulations for portable luminaires, including the “bulb- in-box” requirement, 
will remain in place until the effective date.  Alternatively, 
the CEC may request an immediate effective date for these regulations with OAL. If an immediate effective date is granted, notice will be provided to affected 
parties.  
 
Verbal Comments Received  
Repeal of Portable Luminaire Regulations  
Title 20, Division 2, Chapter 4, Article 4 California Code of Regulations  
Public Hearing  
January 18, 2023  
 4 Commenter’s Name  Comments/  
Suggested Revisions  Response  
Michael Weems – 
American Lighting 
Association  General Comment of Support.  
 General comment of 
support.  
No response required.