DOCKETED  
Docket Number:  22-AAER -02 
Project Title:  Repeal of Portable Luminaires  
TN #:  247747  
Document Title:  Notice of Proposed Action (NOPA)  
Description:  Notice of Proposed Action (NOPA) for the Repeal of Portable 
Luminaires Rulemaking. *** This Document Supersedes 
TN#247377 ***.  
Filer:  Carlos Baez  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  11/28/2022 3:35:48 PM  
Docketed Date:  11/28/2022  
 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)
NOTICE OF PROPOSED ACTION 
2022 Appliance Efficiency Rulemaking for Repeal of Portable Luminaires Regul ations  
Docket No. 22-AAER -02 
Notice Issued  on November 29, 2022 
INTRODUCTION  
Notice is hereby given that the California Energy Commission (CEC) proposes to 
repeal  the existing  regulations for portable luminaires in the California Code of 
Regulations (CCR) Title 20  (“the Proposed Action”) , after considering all comments, 
objections, and recommendations, regarding the Proposed Action.  
 
PUBLIC HEARING  
The CEC staff will hold a public hearing for the proposed regulatory changes  at the 
date and time listed below. Interested persons, or their  authorized representative, may 
present statements, arguments, or contentions relevant to the proposed regulatory 
changes  at the public hearing. The record for this hearing will be kept open until every 
person has had an opportunity to provide comment.  
Wednesday,  January 18, 2023 
10:00 a.m. (Pacific Time)  
 
The public hearing will be held remotely to improve and enhance public access to 
meetings allowing broader access through teleconferencing options . Instructions for 
remote participation for the public hearing are below.  
 
BUSINESS MEETING  
PLEASE TAKE NOTICE that the CEC will consider and possibly adopt the proposed 
regulatory changes at a CEC Business Meeting at the date and time listed below. 
Interested persons, or their authorized representative, may present oral and written statements, arguments, or contentions relevant to the proposed regulatory changes  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.  
 
     California Energy Commission 
Business Meeting 
Wednesday, March 15, 2023 
  10:00 a.m. (Pacific Time)  
  
2 Pursuant to CCR Title 20, section 1104(e), any person may make oral comment on 
any agenda item at the Business Meeting.  Please consult the public agenda, which will 
be posted ten days before the Business Meeting, for important details.  
 
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 ext. 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/97494919182?pwd=NFpnbUJoczRXY3FGTWNXNGtEc
FRoZz09  
Webinar ID: 974 9491 9182  
Passcode:  416075  
  
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 Equity and Tribal Affairs  provides the 
public assistance in participating in CEC proceedings. For information on participation 
or to request interpreting services 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 Advisor , Energy Equity and Tribal Affair s via email or phone.  
NEWS MEDIA INQUIRIES  
Direct media inquiries to the Media and Public Communications Office to (916) 654-4989 or by email at mediaoffice@energy.ca.gov
. 
PUBLIC COMMENT PERIOD  
The written public comment period for the proposed repeal of portable luminaires  
regulations  will be held from November 29, 2022,  through January 17, 2023.  Any 
interested person, or their authorized representative, may submit written comments to the CEC for consideration on or prior to January 17, 2023 . The CEC  appreciates  
receiving written comments at the earliest possible date.  Comments submitted outside 3 this comment period are considered untimely. The CEC may, but is not required to, 
respond to untimely comments, including those raising significant environmental 
issues.  
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 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 -13 which links to the comment 
page for this docket. Enter your contact information and a comment  title describing the 
subject of your comment(s). Comments may be included in the “Comment Text” box or 
attached as a downloadable, searchable document consistent with Title 20, CCR, 
section 1208.1. The maximum files size allowed is 10 MB.  
Written comments may also be submitted by email. Include docket number 22-AAER -
02 in the subject line and email to docket@energy.ca.gov .  
 
A paper copy may be sent to:  
 
California Energy Commission  
Docket Unit  
Docket No. 22-AAER -02 
715 P  Street, MS -4 
Sacramento, CA 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.  
To ensure you receive notice of any changes to the proposed regulatory changes  in 
this proceeding, please follow the instructions provided at the end of this notice to j oin 
the proceeding email subscriber list  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 
planni ng 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 water by prescribing 4 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, Title 20, sections 1601- 1609, which contain definitions, test procedures, 
efficiency standards, and marking and certification requirements for state and federally regulated appliances. Further, the regulations require that appliance manufacturers certify to the CEC that their products meet all applicable state and F ederal appliance 
efficiency regulations before their products can be included in the CEC’s Modernized Appliance Efficiency Database System (MAEDbS) of appliances approved to be sold or offered for sale within California.  
On December 3, 2008, the CEC adopted changes to Appliance Efficiency Regulations (CCR, Title 20, sections 1601 through 1609) to include new efficiency regulations for 
portable luminaires. These  regulations included definitions, testing requirements, 
certification requi rements, and energy performance standards for portable luminaires. 
In addition, portable luminaires were required to comply with the general marking requirements that are applicable to all regulated appliances.  
 On December 9, 2020, the CEC adopted a rulemaking which included several amendments to the Appliance Efficiency Regulations. One of the adopted changes was the removal of the minimum lumen output performance requirement for portable luminaires. No other re quirements or information related to portable luminaires were  
changed as part of this rulemaking.  
 The CEC is now propos ing to completely remove the portable luminaires  appliance 
type from the Appliance Efficiency Regulations . The existing performance standards 
have become redundant. The original energy saving goals of the performance standards are now accomplished though more recent regulations regarding other lighting products. The lighting market has transformed in such a way that portable luminaires bei ng sold in California will be energy efficient even without the portable 
luminaires  regulations in place.  
Difference from existing comparable F ederal regulation or statute  
The CEC has determined that there are no existing comparable F ederal regulations or 
statutes.  
Broad objectives of the regulatory changes and the specific benefits anticipated 
by the proposed amendments  
The broad objective of the regulatory changes  is to r epeal portable luminaries as a 
regulated appliance type in the Title 20 Appliance Efficiency Regulations. The intended 
goals of the portable luminaires  performance standards  are now accomplished through 
the more recent lighting regulations in the Title 20 Appliance Efficiency Regulations. Removal of the portable luminaires  requirements would have no impact to the energy 
performance of these products. These products are now energy efficient due to the existing lighting market in California.  
 5 The specific benefits of repealing the portable luminaires regulations will be to 
eliminate redundant and outdated requirements  thereby enhancing the clarity and 
regulatory certainty of the regulations.  
Determination of inconsistency or incompatibility with existing state regulations  
The CEC has conducted an evaluation and determined that the proposed repeal of the 
portable luminaires regulations would not prevent compliance with existing state 
regulations and are neither inconsistent nor incompatible with any other existing state 
regulations.  
DOCUMENTS INCORPORATED BY REFERENCE  
None  
MANDATED BY FEDERAL LAW OR REGULATIONS  
None  
OTHER STATUTORY REQUIREMENTS  
None  
FISCAL IMPACTS  
The CEC has made the follow ing initial determinations:  
• Mandate on local agencies and school districts: None  
• Cost to any local agency or school district requiring reimbursement pursuant to 
Government Code section 17500 et seq.: None  
• Cost or savings to any state agency: No ne  
• Non- discretionary cost or savings imposed upon local agencies: None  
• Cost or savings in F ederal 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  regulatory changes  will not  
have a statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.  
The CEC is proposing to completely remove the portable luminaire s appliance type 
from the Appl iance Efficiency Regulations as the existing performance standards have 
become redundant. Because there will be no changes to portable luminaires on the 6 market as a result of repealing the regulations, no impacts to businesses are 
expected.  
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 within 
California, and (5) the proposal will not result in the expansion of businesses currently 
doing business within the state.  
The benefits of repealing the portable luminaires regulations will be to eliminate 
redundant and outdated requirements  thereby enhancing the clarity and regulatory 
certainty of the regulations.  
The proposed regulatory changes  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 representative person or business 
would necessarily incur in reasonable compliance with the Proposed Action .  
Because t here will be no changes to portable luminaires on the market as a result of 
repealing the regulations, no impacts to businesses or representative persons  are 
expected.  
BUSINESS REPORT  
The proposed regulatory changes  do not  impose a new reporting requirement for 
businesses.  
EFFECT ON SMALL BUSINESS  
The proposed regulatory changes  will not  affect small business  as there will be no 
changes to portable luminaries on the market as a result of repealing the regulations.  
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 agency, 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 proposed; would be as effective and les s burdensome to affected private persons than the Proposed Action; 
or would be more cost -effective to affected private persons and equally effective in 
implementing the statutory policy or other provision of law.  
CONTACT PERSON  
Questions should be addres sed to:  
 
Corrine Fishman,  Regulations Manager  7 Efficiency Division  
715 P  Street  
Sacramento, CA 95814 
(916) 805- 7452  
  
Carlos Baez  
Efficiency Division  
715 P Street  
Sacramento, CA 95814 
(916) 805- 7465  
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 express terms, and the ISOR. Copies may be obtained by contacting Corrine Fishman 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 -
13 
AVAILABI LITY 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 proposed regulatory changes  could be 
changed as a result of public comment, staff recommendation, or recommendations from CEC Commissioners. Moreover, changes to the Proposed Action  not indicated in 
the express terms could be considered if they improve the clarity or effectiveness of the regulations. If the CEC considers changes to the P roposed Action  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 -
13 
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 -8 regulations/appliance- efficiency -regulations -title-20/appliance- efficiency -proceedings -
13 
 
INSTRUCTIONS FOR RECEIVING NOTICES AND DOCUMENTS IN THIS 
PROCEEDING  
To stay informed about this project and receive documents and notices of upcoming workshops and hearings as they are filed please subscribe to the proceeding 
subscription service at the following link : https://www.energy.ca.gov/rules -and -
regulations/appliance- efficiency -regulations -title-20/appliance- efficiency -proceedings -
13 
 The subscription service 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 subscription service but still would like to receive documents 
and notices, please contact the contact Corrine Fishman at corrine.fishman@energy.ca.gov
.