DOCKETED  
Docket Number:  23-FDAS -01 
Project Title:  Pool Controls Rulemaking  
TN #:  254737  
Document Title:  Final Statement of Reasons - Flexible Demand Appliance 
Standards for Pool Controls  
Description:  The document contains the final statement of reasons for pool 
controls.  
Filer:  Nicholaus Struven  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  2/29/2024 11:04:00 AM  
Docketed Date:  2/29/2024  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
CALIFORNIA ENERGY COMMISSION  
715 P Street  
Sacramento, California 95814  
energy.ca.gov  
CE
C-057 (Revised 1/21 ) 
FINAL STATEMENT OF REASONS  
Flexible Demand Appliance Standards for Pool Controls  
OAL Z#  2023 -0214 -03 
UP
DATE OF THE INITIAL STATEMENT OF REASONS  
This rulemaking establishes general provisions that will apply to all flexible demand 
appliance standards ( FDAS ) (sections 1690(a), 1690.1, 1691(a), 1692, 1693(a), 1694, 
1695, 1696(a) and 1697) and specific provisions that will apply to pool controls that are consumer products (sections 1691(b), 1693(b), 1696(b)).  
On October 5, 2023, the CEC published a Final Proposed Regulatory Text for CEC 
adoption that included two non- substantive changes from the regulatory text published 
on September 1, 2023 .That document contains the final proposed regulations for pool 
controls, with two non- substantive modifications . 
Fi
rst, section 1693(b)(1) proposes that the effective date be, “the earlier of either the 
compliance date of the federal energy conservation standards for dedicated purpose pool pump motors with motor total horsepower from 1.15 THP to 5 THP or 2 years after adoption by the Energy Commission”. As DOE has now published in the Federal Register a compliance date of September 29, 2025, which is earl ier than October 18, 
2025, staff proposes to replace this language with the date “September 29, 2025”.  
S
econd, there is a typographic error in the definition of “pool control”, where the phrase 
“s
afety interlock or  shutoff controls” is instead written “safety interlock of  shutoff 
controls”.  This “of” was changed to “or” in the final text of the regulations. These 
changes necessary to provide clarity, correct ing a typographical  error and record ing a 
single date for the effective date for pool controls . 
The C alifornia Energy Commission (CEC)  no ted in the Initial Statement of Reasons 
(ISOR)  that, in total , California jobs will increase due to the proposed regulations .  As 
noted in the ISOR and in the  Notice of Proposed Action (NOPA) , the proposed 
regulations will eliminate some jobs in California but will lead to the creation of even more, result ing in the net creation of jobs in California. Accordingly, the CEC estimates 
the proposed regulations will have an overall positive employment impact for California. Jobs created by household utility bill savings will lead to greater job creation and more than offset a possible slight reduction of jobs in the electric utility sector due to reduced 
spending on utility bills. Consumers will experience an increase in disposable income 
due to annual reduced electricity bills attributable to the regulations  in 2033.  The utility 
sector is estimated to reduce employment by  707 jobs, while an additional 3,459 jobs 
will be created as a result of the change in discretionary spending of households with 
flexible demand pool controls. Net employment is estimated to increase by 2,752 jobs at 
full stock turnover . Therefore, the CEC has determined that while some jobs may be 
eliminated, the total number of California jobs will be increased by the proposed 
regulations.  
In response to comments received during the 45 -day public comment period, the 
following changes were made to the proposed regulatory language and provided for 15 -day public comments June 23 through July 10, 2023:  
 
1) Changes to Section 1690. Scope. 
 Subsection (a) Future FDAS rulemakings may apply  to devices that are not consumer 
products. To make this clear, CEC s taff remov ed “as consumer products” from the more 
general  scope section of subsection (a)  and added it to subsection (a) (1) for pool 
controls , which are now defined as  “Pool controls that are consumer products designed 
to use single- phase AC power as input power.” This responds to stakeholder comments 
and sets the desired scope for this rulemaking without restricting future FDAS 
rulemakings  only to devices that are consumer products . 
2) Added Section 1690.1. Rules of Construction  
 Rules of construction were added to the regulatory text to establish and make clear the 
meaning  of grammatical terms such as  singular vs. plural, “and” vs. “or”, and “shall” vs. 
“may” throughout proposed regulations. These changes were necessary to add clarity  
for stakeholders  where the regulation text uses number, connective and directive 
grammatical terms . 
3) Changes to Section 1691. Definitions  
 (a) General Definitions . Clarified multiple definitions with input from stakeholders by 
adding definitions, modifying definitions, and removing obsolete definitions.  These 
changes were necessary to add clarity requested by stakeholders.  Many of the changes 
concern aspects of the internet connectivity of the devices subject to the regulations and 
align  terminology in the regulation with terminology used in the federal Energy Star 
Program  which is well- accepted and understood by  the regulated community. Other 
changes  squared the regulation’s defin itions of “load serving entity” and “personal 
information” with definitions  in state statutory law.  Another change added a definition of 
“radio broadcast data system receiver”  because elsewhere in the regulation a provision 
was added to establish an option for pool controls to comply with the regulation by responding  to radio signals  via a radio receiver . 
The changes to section 1691(a) are described in more particularity below:  
 i) Modified “Authentication” definition to focus on connected devices.  
ii) Removed “Authentication credential” definition because it was no longer needed.  
iii) Added “Communication layers” definition to help clarify communication definitions 
and better align with industry developed Energy Star  communication requirements . iv) Added “Communication link” definition to help clarify communication definitions and 
better align with Energy Star  communication requirements . 
v) Modified “Connected device” definition to help clarify the connected device definitions 
and better align with industry developed Energy Star  connectivity requirements . 
vi) Added “Connected ready device” definition to help clarify connectivity definitions.  
vii) Removed “TCP/IP signal” definition because it was no longer needed to help define 
a “connected device” . 
viii)Modified “Consent” definition for clarity that consent applies to the consumer  or the 
customer by adding “ consumer ” to follow customer . 
ix) Modified “Load- serving entity” definition for clarity including reference to the Public 
Utilities Code , aligning  the definition to Public Utilities Code . 
x) Added “Open standards” definition to help clarify open standards and to better align 
with industry developed Energy Star  connectivity requirements . 
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  because describing a radio broadcast data system receiver  was 
necessary to provide specific details of a compliant connected device that could 
receive  TCP/IP signals from the internet.  
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) Pool Control Definitions . Clarified multiple definitions based on input from 
stakeholders by adding and modifying definitions, and removing definitions no longer 
needed.  These changes were necessary to add clarity requested by industry  
stakeholders  and better align the definitions in the regulation with how the terms are 
used and understood in the pool control industry , and, in the case of “dedicated- purpose 
pool pump” to use a definition that is found in federal law . Many of the added definitions 
call out some of the particular components of pool controls (e.g. switches ) to help better 
define how the regulation would work, and in the case of “integral” help define 
component s of pool controls that the regulation does not affect, in line with  changes 
made to other portions of the regulation. The definition  of “pump priming” was 
eliminated because another  change in the regulation deleted a provision dealing with 
pump priming, which made the definition unnecessary.  
The changes to section 1691(b) are described in more particularity below:  
 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 terminology.  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 
definitions provided by stakeholders for “pool timer”, “pool pump switch”, “heater 
switch”, “direct load control switch”, and better alignment 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 incorporated 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 1692. General Requirements  
 Staff made  changes to terms in the cybersecurity provisions of section 1692(c) in the 
regulation’s General Requirements . Staff clarified  section 1692(c)( 3) “Data Protection”, 
section 1692(c) (4) “Passwords”, section 1692(c) (5) “Software Update”, and section 
1692(c)( 8) “Override Function”  by adding or removing text.  These  changes were 
necessary to avoid overly prescriptive language, align with state statutory law  and add 
clarity requested by stakeholders.  
The changes to section 1692(c) are described in more particularity below:  
 Section 1692(c) (3) “Data Protection ” was amended to clarify that it is the consumer’s  
data and personal information that are to be protected in accordance with state and 
federal law and that devices are not to collect data that is not necessary to the functioning of the device.  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. 
Section 1692(c) (4) “Passwords” was retitled “ Authentication”  because there are 
several  methods of cybersecurity authentication and passwords  are an example of but 
one of those methods. Password c haracter requirements were also broadened and if a 
plain text -based password is used there is now a minimum requirement  that applies to 
it. 
Section 1692(c) (5) “Software Update ”, to avoid being overly prescriptive, staff 
removed the requirement for the device to attempt to receive an update on the initial 
connection to the internet and replaced it with the requirement for the device to provide 
the consumer with the ability to check for updates.  Section 1692(c) (8) “Override Function” staff clarified  the override function 
requirement by limiting it  to the ability for consumers  to program  “event response” 
settings, not override all other settings in the connected device.  
5) Changes to Section 1693. Appliance Specific Standards and Requirements  
 
The main changes made to section 1693 were to section 1693(b) and established a 
September 13, 2024 effective date for the regulations , phased in the introduction of 
connected- ready and connected devices, provided that pool controls  could employ r adio 
broadcast receivers , made refinements to the remote and local setup provisions  for 
connected devices, eliminated the pump priming and multiple preconfigured operating 
schedule requirements and  required open standards be used for all layers of the 
consumer consent functions.  These changes were made in response to comments 
raising technical feasibility concerns and, in the case of radio broadcast receivers , to 
broaden the options for pool controls to receive operating signals without needing to be 
connected to the internet.  
The changes to section 1693 are described in more particularity below : 
 a) Section 1693(b) Pool Controls . Clarified communication requirements, connectivity 
requirements, and clock requirements with input from stakeholder comments by adding and removing text. These changes were necessary to add clarity requested by stakeholders.  
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 synchronize 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 device local and remote setup.  
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 changing “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 requested for 
communication, removing ambiguity , and providing a clear requirement for 
communication aligning with Energy Star communications requirements.  
6) Changes to Section 1694. Customer and Consumer Consent  
 
In response to comments from industry stakeholders, changes were made to section 1694(a)  to clarify it is the manufacturers’ responsibility to provide mechanisms for 
obtaining customer consent.  Sections 1694(b) , (c) and (d) were added to provide that 
connected devices must be able to respond to customer and authorized third- party 
commands to start , stop and reschedule operations  and retain certain data about their 
power usage.  Section 1694( e) was added to establish the communication requirements 
for pool controls employing radio receivers.  
The changes to section 1694 are described in more particularity below:  
 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 requirements.  
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 requirements.  
v) Added subsection (e) to remove ambiguity and provide clarity for radio broadcast 
data system appliance minimal requirements.  
7) Changes to Section 1696. Data Submittal Requirements  
 Table A -1, Table A -2 and Table B -1 were updated to reflect the changes made in the 
previous sections. These changes were requested by stakeholders  so that the 
certification information established by the tables tracked the modified requirements of 
the other portions of the regulation, as discussed above . 
The changes to section 1696 are described in more particularity below:  
 i) Added line item in Table A -1 to clarify certification for connected devices, connected 
ready devices and radio broadcast data system capable devices.  
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 authentication.  
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 pressure 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 1697. Compliance, Enforcement, and Administrative Civil Penalties  
These minor changes were necessary to add clarity requested by stakeholders.  
 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 Enforcement Procedures removed 
“their designee” to provide consistent document language.  
In response to comments received during the 15 -day public comment period, the 
following changes were made to the proposed regulatory language and provided for a 2nd 15 -day public comments September 1 through September 18, 2023:  
 
1. Changes to Section 1691. Definitions.  
 (a) General Definitions . Staff m odified definitions to add clarity  by eliminating 
unnecessary language from the definition of “consent”, align the definitions of “personal 
information” , “utilities ” and “community choice aggregators ” with state statutory law and 
to address concerns regarding the potential for limiting the effect of the regulations to 
“consumers” (end- users  of appliances ) while possibly excluding “customers” of the 
utilities who own the devices. The new definitions recognize that the concepts of 
consumer and customer are not mutually exclusive and, in fact, many people who 
interface with the devices  would qualify as both. The definition of “radio broadcast data 
system receiver” was removed because it was no longer necessary due to the elimination of the radio receiver option from other parts of the regulation in response to comments that raised feasibility, cost and cost -effectiveness  concerns.  
The changes to section 1691(a) are described in more particularity below:  
 i. Modified “Consent” definition by removing unnecessary content in order to improve 
clarity and conciseness.  
ii. Added “Consumer” definition to improve clarity and language consistency.  
iii. Added “Customer” definition to improve clarity and language consistency.  
iv. Modified “Flexible Demand” definition with a non- substantive edit to improve clarity.  
v. Modified “Load- Serving Entity” definition to ensure consistency with the statutory 
definitions in Public Resources Code section 25402(f)(7) and Public Utilities Code 331.1.  
vi. Added “Local publicly owned electric utility” definition to improve clarity and language 
consistency. 
vii. Modified “Personal Information” definition to align to existing California Civil Code 
section 1798.140(v) and ensure consistency with relevant law.  viii. Removed “Radio broadcast data system receiver” definition because it is no longer 
needed in this version of the regulatory language.  
ix. Modified “Security feature” definition to improve clarity and language consistency.  
 
(b) Pool Controls . Staff m odified definitions to add clarity  and address technical 
concerns.  For example, staff deleted the term “clock operated” from the defini tions of 
“direct load switch ”, “heater switch”,  “pool pump switch ” and “pool timer ” in recognition 
of the fact that under the proposed regulations, these switches  may be operated not 
only by clocks but also by the consumer or third part ies with the c onsu mer’s consent . 
Staff also deleted the definition of “integral”  to clear up uncertainty  regarding its potential 
regulatory effect  and because it was unnecessary given other changes to the 
regulations .  For example, v arious changes were made to  the description of  “pool 
control” primarily to consolidate the exclusions for pool filter pumps greater than 2.5 
horsepower, safety interlock or shutoff controls and integral controls in one place in the 
regulation, but also to clarify that the regulation covers pool filter pumps and to eliminate 
the unnecessarily restrictive provision that the pool control operate “independently”, when in fact they will also be controlled by the user or authorized third party . These 
changes were necessary to help better align with industry terminology , address 
technical issues and add clarity requested by stakeholders.  Finally, a reference to a 
document concerning radio broadcasting was eliminated from the table of documents 
incorporated by reference. This document was rendered unnecessary because the 
radio broadcast option was also deleted from the regulation. These changes were necessary help ed to better align the regulations  with industry terminology , address 
technical concerns and add clarity requested by stakeholders.  
The changes to section 1691(b) are described in more particularity below:  
 i. Modified “Direct load control switch” definition to help clarify pool control definitions by 
removing “clock -operated”.  
ii. Modified “Heater switch” definition to help clarify pool control definitions by removing 
“clock- operated”.  
iii. Removed “Integral” definition to help clarify the proposed regulatory language 
because the word “integral” could be unintentionally interpreted as having regulatory effect.  
iv. Modified “Pool equipment” definition to remove “including, but not limited to,..” and 
the list of equipment “pool pumps, electric pool heaters, electrolytic chlorinators, lights, cleaners, and water features” to improve the clarity of the definition.  
v. Modified “Pool control” definition to remove “independently” to add clarity to the 
definition.  
vi. Modified “Pool control” definition to add the word “filter” to clarify for the type of pool 
pump.  
vii. Modified “Pool control” definition to restructure exclusions to the definition into a list. 
Items (A) and (B) contain the same content as presented in the first 15- day 
language. Item (C) adds an exclusion needed to maintain the original scope of the proposed regulatory language.  
viii. Modified “Pool pump switch” definition to remove “clock operated” to allow for cloud-
based controls.  ix. Modified “Pool timer” definition to remove “clock operated” to allow for cloud- based 
controls.  
x. Modified table of documents that are incorporated by reference in section 1691 to 
remove the document related to radio broadcast data systems because it is no 
longer needed in this version of the regulatory language.  
2. Changes to Section 1692. General Requirements.  
 In response to comments, staff made changes to various provisions of the subsection (c) cybersecurity  requirements to clarify that these provisions apply to both customers 
and consumers  and to make these provisions consistent with the definitions of those 
terms  that were added to section 1691(a). These chang es were made to subsections  
“(3) Data Protection”, “(4) Authentication”, “(5) Software Update”, and “(8) Override Function” . “NERC” was deleted from the (4) Authentication provision because it was 
unnecessary given that a reference to NERC appears in the text of subsection (c) 
Cybersecurity. 
The changes to section 1692 are described in more particularity below:  
 
i. Modified (3) Data Protection to add “customer or” to the scope for consistency and to 
ensure uniform application of data protection requirements.  
ii. Modified (4) Authentication to remove “NERC” to avoid confusion and avoid 
duplication because “NERC” is already referenced in the upper level for this section.  
iii. Modified (5) Software Update to add clarity that this section applies to the customer 
and the consumer. Four locations have been updated within this sub- section.  
iv. Modified (8) Override Function to add clarity that this section applies to the 
customer and the consumer.  
3. Changes to Section 1693. Appliance Specific Standards and Requirements.  
 Changes were made to section 1693 (b) which mainly center ed on eliminati ng 
references to the radio broadcast data system receiver option, which was deleted from 
the regulation due to cost, cost effectiveness and feasi bility concerns . Staff also c larified  
the effective date, communication , connectivity, and clock requirements by adding and 
deleti ng text. These changes were necessary to add clarity requested by stakeholders.   
Section 1693(b)(1) proposed that the effective date be, “the earlier of either the compliance date of the federal energy conservation standards for dedicated purpose pool pump motors with motor total horsepower from 1.15 THP to 5 THP or 2 years after adoption by the Energy Commission”. As DOE has now published in the Federal Register a compliance date of September 29, 2025, which is earlier than October 18, 2025. As noted above on p. 1, i n the F inal Proposed Regulatory Language submitted to 
the CEC docket for the Pool Controls rulemaking (https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=23- FDAS -01), staff 
replaced the former language with the specific date “September 29, 2025”.  Changes 
were also made to accommodate the addition of regulatory definitions of “customer” and “consumer” and to clarify  minimu m requirements for the local manual control of the 
devices  and the fact they must be able to start and stop operation of the pool filter pump and any dependent heaters and booster pumps.  Unnecessary language dealing with 
the strictures prohibiting  sales and offers for sale of non compliant  devices in California 
was eliminated because these issues are adequately addressed in section 1697. 
Language was also inserted to section 1693 to clarify that its requirements apply to pool 
controls and not to other connected devices.  
The changes to section 169 3 are described in more particularity below:  
 i. Modified (1) Effective date to recognize and align to pending changes to federal law 
and provide an outer limit on effective date if said changes are subject to delay.  
ii. Removed (2) Flexible demand appliance standards (A) (1) based on concerns 
relating to feasibility, cost and cost effectiveness of the requirement and the need for 
additional analysis.  
iii. Modified (2) Flexible demand appliance standards (A) (2) to remove radio 
broadcast data system receiver requirement and, separately, to remove specification of effective date. Subsection numbering updated from “2” to “1” because subsection “1” is now removed.  
iv. Modified (2) Flexible demand appliance standards (B) to add clarity for the 
minimum local controls required.  
v. Modified (2) Flexible demand appliance standards (B) (1)(b) to remove radio 
broadcast data system receiver requirement based on concerns relating to feasibility, cost and cost effectiveness of the requirement and the need for additional 
analysis.  
vi. Modified (2) Flexible demand appliance standards (B)(2) to specify minimum local 
manual control requirements as applicable only to basic start and stop operation of 
the pool filter pump and any dependent heaters and booster pumps.  
vii. Removed (2) Flexible demand appliance standards (B)(2)(a) to improve clarity 
and language consistency requiring pool controls to at least have a local start/stop functionality while allowing other controls to be accessed via an app or other methods.  
viii. Modified (2) Flexible demand appliance standards (B)(3) to improve clarity and 
language consistency.  
ix. Modified (2) Flexible demand appliance standards (B)(3)(a) to improve clarity and 
language consistency to allow for app- base or other interfaces as long as there is a 
local start/stop on the device.  
x. Modified (6) Communication (A) to remove “sold or offered for sale in California and” 
because it is duplicative and unnecessary and remove specific section 1694 reference to improve clarity and language consistency.  
v. Modified (6) Communication (B) to clarify that this provision applies to connected 
pool controls and not all connected “devices”.  
vi. Modified (6) Communication (B) to add clarity and consistency for the use of 
“customer and consumer”.  
vii. Modified (6) Communication (B) to remove specific section 1694 reference to 
improve clarity.  
viii. Removed (6) Communication (C) because radio broadcast data receiver content 
requirements are no longer required in this version of the regulatory language.  ix. Added new subsection (6) Communication (C) to add clarity and to move the 
requirement from a general section to a pool control specific section, because at this 
time this provision is intended to only apply to pool controls.  
x. Added (6) Communication (D) to add clarity and consistency for connected pool 
controls that are capable of communicating additional information from a general section to a pool control specific section, because at this time these requirements are only relevant to pool controls.  
4. Changes to Section 1694. Customer Consent.  
 These changes were necessary to add clarity requested by stakeholders.  
 The changes to section 169 4 are described in more particularity below:  
 i. Modified subsection (b) to remove ambiguity and provide clarity for connected and 
connected capable appliance communication link functionality minimum requirements consistent with statutory direction.  
ii. Removed subsection (c), (d), and (e) to remove real time power draw requirement, 
radio broadcast data system requirements, to improve clarity, and to move content that at this time is only relevant to pool controls from a general section to a pool control specific section.  
 
5. Changes to Section 1695. Certification Requirements.  
 Adding Authority and Reference Section for clarity. These changes were necessary to 
add clarity requested by stakeholders.  
 The changes to section 169 5 are described in more particularity below:  
 i. Modified (a) Filing of Statements (2) (H) 3 to ensure the attestation of compliance 
covered all elements prescribed by the Article.  
ii. Added a n Authority and Reference Section note at the end of Section 1695 to provide 
clarity and consistency with other sections of the regulation. 
 
6. Changes to Section 1696. Data Submittal Requirements.  
 Table A -1, Table A -2 and Table B -1 were updated to reflect the changes made in the 
previous sections. These changes were requested by stakeholders so that the 
certification information required by the tables tracked the modified requirements of the other portions of the regulation, and accurately reflect other changes to the regulatory language as discussed above.  
 The changes to section  1696 are described in more particularity below:  
 i. Modified Table A -1 to remove “Permissible” and replace it with “Possible” to provide 
clarity that the table entries show the answers that will be made possible by the filing materials provided for the submission of model data and is not intending to imply that 
filers need or lack permission to provide information about their products.  
ii. Modified line item in Table A -1 to remove “both” as a possible answer because by the 
proposed regulatory definitions it is not possible to be both a connected device and a connected ready device.  
iii. Modified line item in Table A -1 to remove “false” as a possible answer and add 
“Neither” as a possible answer.  
iv. Removed line item in Table A -1 for radio broadcast data systems because it is no 
longer needed in this version of the regulatory language.  
v. Relocated Table A -2 line items relating to use of open standards for communication 
to Table B -1, as it is a requirement specific to pool controls, and reduced to a single 
entry to eliminate redundancy.  
vi. Removed Table A -2 line item for updating on initial setup as it is no longer required 
in regulation.  
vii. Modified Table A -2 to remove “Permissible” and replace it with “Possible” to provide 
clarity that the table entries show the answers that will be made possible by the filing materials provided for the submission of model data, and is not intending to imply that filers need or lack permission to provide information about their products.  
viii. Modified Table A -2 line item in two locations to remove “users” and replace with 
“entities” for clarity and language consistency.  
ix. Modified Table A -2 line item relating to the unique logical identifier to include 
specifying that the identifier was accessible to authorized entities.  
x. Added Table A -2 line items relating to plain text passwords consistent with 
cybersecurity requirements.  
xi. Modified Table A -2 line item relating to software updates to use clearer language 
that is more consistent with associated regulatory text.  
xii. Modified Table A -2 line items to merge two items relating to device security into a 
single item.  
xiii. Modified Table A -2 line item to remove “at any time”, consistent with removal of 
similar language from regulation.  
xiv. Modified Table A -2 line item to remove “the factory” to avoid introducing an 
unneeded term that could require a regulatory definition.  
xv. Modified Table B -1 to make formatting changes to the headings for consistency and 
to remove “Permissible” and replace it with “Possible” to provide clarity that the table entries show the answers that will be made possible by the filing materials provided for the submission of model data, and is not intending to imply that filers need or lack permission to provide information about their products.  
xvi. Added Table B -1 line item for communicating using open standards, relocating the 
item from Table A -2. This addition was needed to be moved from the table for  data 
submittal for all connected devise to data submittal table specific to pool controls, 
allowing flexibility for future FDAS connectivity requirements . 
xvii. Modified Table B -1 line items relating to control interfaces for consistency with 
changes to regulatory requirements. This change is  needed to align the text in Table 
B-1 with the changes in the body of the regulatory text.  xviii. Added Table B -1 line item to cover marking requirements applicable to regulated 
pool controls . This addition was needed because the data submittal  line item  
regarding marking was missing from table  B-1. 
 
LOCAL MANDATE DETERMINATION  
The C EC 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 Section 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.  
As discussed in more detail in the Final Staff Report, “Analysis of Flexible Demand Standards for Pool Controls, ” and in staff’ s responses to comments, staff considered a 
number  of alternatives to the adopted regulations and found that none w as more 
effective  and less burdensome than the adopted regulation.  
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  
In the first 15 -day notice the CEC incorporate d two  documents by reference  into Section 
1691: Definitions, specifically for the definition of “radio broadcast data system receiver” and the definition of “dedicated- purpose pool pump.” These documents incorporated 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”)   
However, m odifications to the regulatory text in the second 15- day notice eliminated the 
reference to the International Electrotechnical Commission document but  retained the 
reference to the Code of Federal Regulations.  
The documents are incorporated by reference because it would be cumbersome, unduly 
expensive, and impractical to publish in the California Code of Regulations. The  
documents were made available upon request directly from the Energy Commission  
throughout the course of this rulemaking action.  
 
SUMMARY OF RESPONSES TO PUBLIC COMMENTS RECEIVED  All responses to public comments, including acceptance of recommendations and 
justification when recommendations were not accepted, are hereby incorporated by reference to this Final Statement of Reasons, and included in the final record  under tab 
17, The Final Response to Comments Matrix.