DOCKETED  
Docket Number:  20-AAER -04 
Project Title:  Appliance Efficiency Standards Regulations for Portable 
Electric Spas  
TN #:  237797  
Document Title:  Notice of Proposed Action for Portable Electric Spas  
Description:  Notice of Proposed Action (NOPA) for portable electric spas 
appliance efficiency rulemaking.  
Filer:  Jessica Lopez  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  5/14/2021 9:05:45 AM  
Docketed Date:  5/14/2021  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
 
CALIFORNIA ENERGY COMMISSION   
1516 Ninth Street  
Sacramento, California 95814  
 
energy.ca.gov  
 
CEC -057 (Revised 1/ 21)
NOTICE OF PROPOSED ACTION  
Title 20. Public Utilities and Energy  
Division 2. State Energy Resources Conservation and Development Commission  
Chapter 4. Energy Conservation  
Article 4. Appliance Efficiency Regulations  
 
Docket No. 20-AAER -04 
Notice Published on May 14, 2021  
INTRODUCTION  
The California Energy Commission (CEC) proposes to amend the regulations for 
portable electric spas in the Appliance Efficiency Regulations after considering all 
comments, objections, and recommendations regarding the proposed action.  
PUBLIC HEARING  
The CEC staff will hold a public hearing for the proposed regulations 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 
regulat ions at the public hearing. The record for this hearing will be kept open until 
every person has had an opportunity to provide comment.  
Tuesday June 29, 2021  
10:00 a.m. (Pacific Time)  
 
The public hearing will be held remotely, consistent with Executive Or ders N -25-20 
and N -29-20 and the recommendations from the California Department of Public 
Health to encourage physical distancing to slow the spread of COVID -19. Instructions 
for remote participation 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 for the 
workshop listed below. If you experience difficulties joining, you may contact Zoom at (888) 799- 9666 ext. 2, or the Public Advisor’s 
Office at 
publicadvisor@energy.ca.gov  or (800) 822- 6228.    
  
2 Zoom Link:  
https://energy.zoom.us/j/94926685532?pwd=SkpNRTBXV2JEd1ZDTkM4RHpRZmtRQT09  
  
Webinar ID: 949 2668 5532  
 
Password: 787757  
 To participate by telephone dial (213) 338 -8477 or 1 -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 Public Advisor’s Office 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 accom modate all requests.  
 Zoom: If you experience difficulties with the Zoom platform, please contact the Public 
Advisor’s office via email or phone.  
NEWS MEDIA INQUIRIES  
Direct media inquiries to the Media and Public Communications Office to (916) 654-
4989 or mediaoffice@energy.ca.gov
. 
WRITTEN COMMENT PERIOD  
Any interested person, or their  authorized representative, may submit written 
statements, arguments, or contentions to the CEC for consideration on or pri or to June 
28, 2021. The CEC appreciates receiving written comments as soon as possible.  
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/proceedings/energy -commission -
proceedings/portable- electric -spas , 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 California Code of 
Regulations Section 1208.1. The maximum files size allowed is 10 MB.  
 
Written comments may also be submitted by email. Include docket number 20- AAER -
04 in the subject line and email to docket@energy.ca.gov .  3  
A paper copy may be sent to:  
 
California Energy Commission  
Docket Unit, MS -4 
RE: Docket No. 20 -AAER -04 
1516 9th Street, MS -4 
Sacramento, CA 95814  
 
STATUTORY AUTHORITY AND REFERENCE  
Public Resources Code Sections 25213, 2521 8(e), and 25402(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 mandates and/or authorizes that the CEC adopt rules and regulations, as 
necessary, to reduce the inefficient consumption of energy and water 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, Title 20, Sections 160 1-1609, 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 Federal 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 April 11, 2018, CEC adopted changes to the Appliance Efficiency Regulations amending the existing regulations for portable electric spas. The test procedure and 
label design requirements were derived from ANSI/APSP/ICC -14 (APSP- 14), 
American National Standard for Portable Electric Spa Energy Efficiency, Version 2014.  
On November 19, 2019, the American National Standard Institute (ANSI) approved 
and published the revised standard APSP -14, Version 2019. The test procedure is an 
update to the APSP- 14, Version 2014. The revised APSP -14, Version 2019, aligns 
with all of California’s efficiency standards, label requirements, and test procedure 
requirements for portable electric spas adopted in 2018. Other changes adopted in 
APSP- 14, Version 2019, include mo difications to simplify test lab qualification and 
label application clarifications.  4 Therefore, the CEC is proposing to update the Appliance Efficiency Regulations to 
incorporate the test procedure reference and update the labeling design requirements 
for portable electric spas. The scope of coverage will remain the same and continue to 
cover all types of portable electric spas, such as standard spas, exercise/swim spas, combination spas, and inflatable/collapsible spas. The existing performance standards 
will not be affected. The proposal also includes editorial changes to simplify the 
structure of existing regulations for portable electric spas. The proposal CEC is 
recommending makes the regulations consistent with the recent update to the industry 
standard for determining the efficiency of portable electric spas, APSP -14, Version 
2019.  
 
To minimize the inconsistency between the regulations and the current industry 
standard, the regulations are proposed to be effective upon filing with the Secretary of 
State. 
 
Public Resources Code section 25402(c)(1)(A) establishes a 1- year delay in the 
effectiveness of new or modified appliance efficiency standards adopted by the CEC. The 1 -year delay was adopted for the purpose of providing appliance manufacturers 
sufficient lead time to produce new appliances that comply with newly adopted efficiency standards. This delay, however, does not encompass an entire appliance 
efficiency rulemaking proceeding and only applies to specific provisions within a 
rulemaking that purport to establish a new efficiency standard or modify an existing 
one. The CEC’s A ppliance Efficiency Regulations do much more than establish 
standards; they specify how appliances are tested, what information must be reported 
to the CEC, how products are labeled, and how program requirements will be 
enforced, among other things. The delay established in section 25402(c)(1)(A) does not apply where these other aspects of efficiency regulations are being added, 
modified, or repealed.  
 This rul emaking proceeding does not involve a new or modified efficiency standard. 
The only changes being proposed involve updating the test procedure reference and making the labeling design requirements consistent with the latest industry standards, 
neither of w hich require appliance manufacturers to produce new energy efficient 
appliances. The proposed changes are not the kinds of changes contemplated by the 1-year delay provision. Therefore, the 1 -year delay provision in 25402(c)(1)(A) does 
not apply to the proposed changes in this rulemaking.  
 
Difference from existing comparable Federal regulation or statute  
The CEC has determined that there are no existing comparable Federal regulations or 
statutes.  5 Broad objectives of the regulations and the specific benefit s anticipated by the 
proposed amendments  
The broad objectives of this proposed action are improved clarity and reduced 
confusion by updating the Appliance Efficiency Regulations related to portable electric 
spas to be consistent with the current industry standard.  
The specific benefit of the proposed action will be an update to the industry standard 
for determining the efficiency of portable electric spas, APSP  -14, Version 2019.  This 
includes updates to the labeling requirements and test lab qualification requirements. 
The existing efficiency standards and the scope of coverage for portable electric spas 
will not be affected. Therefore, statewide energy use and savings and related environmental impacts and benefits will not be affected.  
Determination of inconsistency or incompatibility with existing state regulations  
The CEC has conducted an evaluation for any other regulations in this area and has 
concluded that these are the onl y regulations concerning test procedures and labeling 
requirements  for portable electric spas. Therefore,  the proposed regulations are 
neither inconsistent nor incompatible with any other existing state regulations.  
DOCUMENTS INCORPORATED BY REFERENCE  
The CEC proposes to incorporate the following document by reference:  
ANSI/APSP/ICC -14 2019  American National Standard for Portable Electric 
Spa Energy Efficiency  
  
All the documents are available for review at the CEC located at 1516 Ninth Street, 
Sacramento, California 95814 or, on the CEC’s website found at 
https://www.energy.ca.gov/proceedings/energy -commission -proceedings/portable-
electric -spas . 
MANDATED BY FEDERAL LAW OR REGULATIONS  
None 
OTHER STATUTORY REQUIREMENTS  
None FISCAL IMPACTS  
The CEC has made the following initial determinations:  
• Mandate on l ocal agencies and school districts: None  
• Cost to any local agency or school district requiring reimbursement pursuant to 
17500 et seq.: None  6 • Cost or savings to any state agency: None  
• 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 regulations are unlikely to 
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 update the test procedure reference and update the labeling 
design requirements for portable electric spas. The proposal CEC is recommending is 
derived from a recent update to the industry standard for determining the efficiency of 
portable electric spas, APSP  -14, Version 2019. The scope of coverage will remain the 
same and continue to cover all types of portable electric spas . The existing 
performance standards will not be affected, and the statewide energy use and savings , 
and related environmental impacts and benefits , are not expected to be affected.  
 
The CEC estimates that 1,000 retailers, installers, manufacturers, and wholesalers 
that manufacture, install, or sell portable electric spas may be impacted by the proposed regulations.  There are approximately 50 manufacturers and private brand 
packagers of portable electric spas selling within California, and the remaining share of businesses are retailers or wholesalers of portable electric spas. This estimate is based on the CECs MAED bS, which yields the number of manufacturers, and its 
estimate of the number of businesses in California that sell portable electric spas to consumers. Staff estimates that of the businesses impacted, approximately 10 percent 
are small businesses. Small businesses in the portable electric spa industry include 
retailers, some small manufacturers , or private brand packagers.  
 The CEC assumed there were no or negligible costs associated with updating the test 
procedure reference and the labeling design requirements ; for these reasons staff 
does not expect any businesses, including small businesses, to be impacted by the proposed regulations for portable electric spas.  
 
RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT  
The CEC concludes that: (1) it  is unlikely the proposal will create jobs within California, 
(2) it is unlikely the proposal will eliminate jobs within California, (3) it  is unlikely the 
proposal will create new businesses in California, (4) it  is unlikely the proposal will 7 eliminate existin g businesses within California, and (5) it is unlikely the proposal will 
result in the expansion of businesses currently doing business within the state.  
The benefits of this proposed action are to provide updates to the Appliance Efficiency 
Regulations r elated to portable electric spas. Existing efficiency standards and the 
scope of coverage for portable electric spas will not be affected. Therefore, statewide 
energy use and savings , and related environmental impacts and benefits , are not 
expected to be affected.  
The proposed regulation will not affect 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 significant cost impacts that a repr esentative private person 
or business would necessarily incur in reasonable compliance with the proposed action.  
The CEC is proposing to update the test procedure reference and update the labeling 
design requirements for portable electric spas. The propos al CEC is recommending is 
derived from a recent update to the industry standard for determining the efficiency of portable electric spas, APSP  -14, Version 2019. The scope of coverage will remain the 
same and continue to cover all types of portable electri c spas.  The existing 
performance standards will not be affected, and the statewide energy use and savings , 
and related environmental impacts and benefits , are not expected be affected.  
The CEC estimates that 1,000 retailers, installers, manufacturers, and wholesalers 
that manufacture, install, or sell portable electric spas may be impacted by the 
proposed regulations. There are approximately 50 manufacturers and private brand packagers of portable electric spas selling within California, and the remaining share of 
businesses are retailers or wholesalers of portable electric spas. This estimate is 
based on the CEC’s MAEDbS, which yields the number of manufacturers, and its 
estimate of the number of businesses in California that sell portable electric spas to 
consumers. Staff estimates that of the businesses impacted, approximately 10 percent 
are small businesses. Small businesses in the portable electric spa industry include 
retailers, some small manufacturers , or private brand packagers.  
 The CEC assumed there were no or negligible costs associated with updating the test 
procedure reference and the labeling design requirements ; for these reasons staff 
does not expect any businesses, including small businesses, to be impacted by the proposed regulations for portable electric spas.  
BUSINESS REPORT  
There are no proposed additions to the current reporting requirements.  
SMALL BUSINESS  
The proposed regulations may affect small business. However, the CEC has 
determined any cost impacts to be negligible .  8 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 less 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.  
The CEC invites interested persons to present statement s or arguments concerning 
alternatives to the proposed regulations at the scheduled hearing or during the written comment period.  
CONTACT PERSON  
General questions regarding procedural and administrative issues should be 
addressed to:  
Corrine Fishman  
Regulations Manager, Efficiency Division  
California Energy Commission 1516 9
th Street  
Sacramento, CA 95814  
(916) 654- 4287  
corrine.fishman@energy.ca.gov  
 
If Corrine Fishman is unavailable, you may contact Jessica Lopez at (916) 903 -4165  
Jessica.lopez @energy.ca.gov . 
COPIES OF THE INITIAL STATEMENT OF REASONS, 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 thi s notice is 
published in the Notice Register, the rulemaking file consists of this notice, the express terms, the Economic and Fiscal Impacts ( STD. 399) and the ISOR. Copies may be 
obtained by contacting Corrine Fishman at the email or phone number above o r 
accessed through the CEC’s website at 
https://www.energy.ca.gov/proceedings/energy -commission -proceedings/portable-
electric -spas .  
AVAILABILITY OF SUBSTANTIAL 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 regulations could be substantively changed as a result of public comment, staff recommendation, or 
recommendations 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 considers changes to the 9 proposed regulations pursuant to Government Code Section 11346.8, a full copy of 
the text will be available for review at least 15 days pr ior 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 visi ting the CEC’s website at 
https://www.energy.ca.gov/proceedings/energy -commission -proceedings/portable-
electric -spas  or contacting the contact person above.  
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/proceedings/energy -
commission -proceedings/portable- electric -spas .