G/TBT/N/USA/1976  
17 March 2023  
(23-1968) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:   
California Energy Commission (CEC), State of California [2007]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [X], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN  where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Pool 
controls; Environmental protection (ICS code(s): 13.020); Fluid power systems (ICS 
code(s): 23.100); Other electrical accessories (ICS co de(s): 29.120.99); Miscellaneous 
domestic and commercial equipment (ICS code(s): 97.180)  
5. Title, number of pages and language(s) of the notified document:  2023 Flexible 
Demand Appliance Standards for Pool Controls; (22 page(s), in English)  
6. Descripti on of content:  Notice of proposed action and public hearing scheduled for 11 
April 2023 - Proposed regulatory language updating the existing regulation for flexible 
demand standards for pool controls. In 2019 the California Legislature passed Senate Bill 
49 (SB 49 , Skinner, Chapter 697, Statutes of 2019) granting the CEC with new authority 
to develop standards for flexible demand technologies to reduce greenh ouse gas (GHG) 
emissions from electricity generation. Flexible demand technologies enable an appliance 
to schedule, shift, or curtail the electrical demand with the consumer's consent. The CEC 
has identified pool controls, a device that sets the daily sche dule of the pool filter pump, 
pool heater, chlorinator, and pressure cleaner booster pump, as an ideal candidate for 
the first of California's fl exible demand appliance standards (FDAS) . Therefore, the CEC 
proposes to adopt a new Chapter 4.1, Article 1 to Title 20  in the California Code of 
Regulations  (CCR) for flexible demand app liance standards. The proposed additions to 
Title 20 would adopt provisions specifically applicable to pool controls and general 
provisions that will apply to this and future FDAS. The proposed pool control standards 
will require all pool controls to have a default schedule for the operation of pool equipment 
and internet connectivity to enhance flexible demand capabilities. California does not 
currently have regulations for flexible demand appliance standards in the California Code 
of Regulations. The CEC has also determined that there are no existing comparable federal 
regulations or statutes. A public hearing for the proposed regulatory changes to the 
flexible demand standards for pool controls will be held on Tuesday, 11 April 2023, 10:00 
a.m. (Pacific Time ). G/TBT/N/USA/1976  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of th e environment  
8. Relevant documents:   
No. 8 -Z, California Regulatory Notice Register 24 February 2023 (pages 175 -179): 
https://oal.ca.gov/wp -content/uploads/sites/166/2023/02/2023 -Notice -Register -
Number -8-Z-February -24-2023.pdf  
Docket Number 23 -FDAS -01: 
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=23 -FDAS -01 
CEC Pool Controls Website: https://www.energy.ca.gov/proceedings/energy -
commission -proceedings/flexible -demand -appliances/pool -controls  
CEC will hold a public hearing for the proposed regulatory changes on Tuesday 11 Ap ril 
2023, 10:00 a.m.  (Pacific Time ). Interested persons, or their authorized representative, 
may present stat ements, 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 attending has had an opportunity to provide comment.  
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/88678978298?pwd=Mkp1NW02ckJ3anR1SnNlV3k4UnJpdz09  
Webinar ID: 886 7897 8298  
Passcode: 401667  
WTO Members and their stakeholders are asked to submit comments to the USA TBT 
Enquiry Point  by or before 4pm Eastern Time  on 10 April 2023. Comments received by 
the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with 
the regulator and will also be submitted to the Docket  on Regulations.gov if received 
within the comment per iod. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  10 April 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_209 2_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_2092_01_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_2092_02_e.pdf