CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 8-Z
175
AVAILABILITY AND LOCATION OF THE 
FINAL STATEMENT OF REASONS AND 
RULEMAKING FILE
All the information upon which the proposed reg -
ulations are based is contained in the rulemaking file 
which is available for public inspection by contacting 
the person named below.
You may obtain a copy of the final statement of rea -
sons once it has been prepared, by making a written 
request to the contact person named below or by ac -
cessing the website listed below.
CONTACT PERSON
Inquiries or comments concerning the proposed 
rulemaking action may be addressed to:
Name: Usha Mutschler  
Address:  
 2720 Gateway Oaks Drive, Suite 100  
 Sacramento, CA 95833  
Phone Number: (916) 518–3077  
Fax Number: (916) 574–8618  
Email Address:  
 PharmacyRulemaking@dca.ca.gov
The backup contact person is:
Name: Lori Martinez  
Address:  
 2720 Gateway Oaks Drive, Suite 100  
 Sacramento, CA 95833  
Phone Number: (916) 518–3078  
Fax Number: (916) 574–8618  
Email Address:  
 PharmacyRulemaking@dca.ca.gov
WEBSITE ACCESS
Materials regarding this proposal can be found 
at the Board of Pharmacy’s website: https://www.  
pharmacy.ca.gov/laws_regs/pending_regs.shtml .
TITLE 20.  
ENERGY COMMISSION
2023 FLEXIBLE DEMAND APPLIANCE 
STANDARDS FOR POOL CONTROLS  
 
DOCKET NUMBER 23–FDAS–01  
 
INTRODUCTION
Notice is hereby given that the California Energy 
Commission (CEC) proposes to adopt a new Chapter 4.1, Article 1 and the following new sections 1690, 
1691, 1692, 1693, 1694, 1695, 1696, and 1697 into Title 
20, the California Code of Regulations (CCR) (“the 
Proposed Action”), related to flexible demand appli -
ance standards (FDAS) generally and to pool controls 
specifically, after considering all comments, objec -
tions, and recommendations, regarding the Proposed 
Action.
PUBLIC HEARING
The CEC staff will hold a public hearing for the pro -
posed regulatory changes at the date and time listed 
below. Interested persons, or their authorized repre -
sentative, may present statements, arguments, or con -
tentions 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.
Tuesday April 11, 2023  
10:00 a.m. (Pacific Time)
The public hearing will be held remotely to im -
prove and enhance public access to meetings allowing 
broader access through teleconferencing options. In -
structions for remote participation for the public hear -
ing 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 below. If 
you experience difficulties joining, you may contact 
Zoom at (888) 799–9666 extension 2, or the Office 
of the Public Advisor, Energy Equity and Tribal Af -
fairs at publicadvisor@energy.ca.gov  o r  b y  p h o n e  a t  
(916) 654–4489 or toll free at (800) 822–6228.
Link:  
 https://energy.zoom.us/j/88678978298?pwd=  
 Mkp1NW02ckJ3anR1SnNIV3k4UnJpdz09  
Webinar ID: 886 7897 8298  
Passcode: 401667
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 Eq -
uity 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 CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 8-Z
176at 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 Ad -
visor, Energy Equity and Tribal Affairs 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 
regulations will be held from February 24, 2023, 
through April 10, 2023.  Any interested person, or 
their authorized representative, may submit written 
comments to the CEC for consideration on or prior to 
April 10, 2023 . The CEC appreciates receiving writ -
ten comments at the earliest possible date. Comments 
submitted outside this comment period are considered 
untimely. The CEC may, but is not required to, re -
spond to untimely comments, including those raising 
significant environmental issues.
Written and oral comments, attachments, and asso -
ciated 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 com -
menting system. Visit the e–commenting page at 
https://www.energy.ca.gov/proceedings/energy–  
commission–proceedings/pool–controls  which links 
to the comment page for this docket. Enter your con -
tact information and a comment title describing the 
subject of your comment(s). Comments may be in -
cluded 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 23–FDAS–01 in the subject 
line and email to docket@energy.ca.gov .
A paper copy may be sent to:
California Energy Commission  
 Docket Unit  
Docket Number 23–FDAS–01  
715 P Street, MS–4  
Sacramento, CA 95814Written and oral comments, attachments, and asso -
ciated 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 join the proceeding email subscriber list 
or provide a valid email or mailing address with your 
comments.
STATUTORY AUTHORITY AND REFERENCE
Authority cited: Sections 25213, 25218, 25402(f), 
and 25402.11, Public Resources Code. Reference: Sec -
tions 25216.5(d), 25402(f), and 25402.11, Public Re -
sources Code.
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
The Warren–Alquist Act establishes the CEC as 
California’s primary energy policy and planning agen -
cy. Since 1976, the CEC has adopted cost–effective 
and technically feasible appliance standards that set a 
minimum level of energy or water efficiency, as part of 
the CEC’s mandate to reduce the wasteful, uneconom -
ic, inefficient, or unnecessary consumption of energy.
In 2019 the California Legislature passed Sen -
ate 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 
greenhouse 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 
schedule of the pool filter pump, pool heater, chlori -
nator, and pressure cleaner booster pump, as an ideal 
candidate for the first of California’s flexible demand 
appliance standards.
Therefore, the CEC proposes to adopt a new Chapter 
4.1, Article 1 to Title 20 for flexible demand appliance 
standards. The proposed additions to Title 20 would 
adopt provisions specifically applicable to pool con -
trols 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 sched -
ule for the operation of pool equipment and internet 
connectivity to enhance flexible demand capabilities.
Difference from existing comparable federal 
regulation or statute
The CEC has determined that there are no existing 
comparable federal regulations or statutes.CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 8-Z
177
Broad objectives of the proposed regulations and 
the specific benefits anticipated by the proposed 
regulations
The broad objective of the proposed regulations is 
to carry out the CEC’s statutory mandate in SB 49 to 
develop standards for flexible demand technologies to 
reduce GHG emissions from electricity production.
The specific benefits of the proposed regulations are 
utility cost savings to the consumer, lower statewide 
energy use, and enhanced reliability of the electrical 
grid. The proposed standards are cost–effective, tech -
nically feasible, and would avoid GHG emissions as -
sociated with electricity production by 394,000 met -
ric tons of carbon dioxide equivalent (CO2e) in 2033, 
at full stock turnover. The standards would shift 64 
gigawatt–hours (GWh) of electricity off peak during 
the first year the standard is in effect and 682 GWh 
of electricity during the year at full stock turnover. 
Consumers will save an estimated $1,131 per appli -
ance over the life of the device by shifting the time of 
electricity use. The proposed regulations should also 
enhance the reliability of the electrical grid by shifting 
electricity demand.
Determination of inconsistency or incompatibility 
with existing state regulations
California does not currently have regulations for 
flexible demand appliance standards in the Califor -
nia Code of Regulations. Therefore, the CEC has de -
termined that the proposed regulations which would 
adopt general provisions applicable to FDAS and spe -
cific requirements for pool controls 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 following initial 
determinations:
● Mandate on local agencies and school districts: 
None.● Cost to any local agency or school district re -
quiring reimbursement pursuant to 17500 et seq.: 
None.
● Cost or savings to any state agency: None.
● Non–discretionary cost or savings imposed upon 
local agencies: None.
● Cost or savings in Federal 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 will not have a statewide adverse 
economic impact directly affecting business, includ -
ing the ability of California businesses to compete 
with businesses in other states. This determination is 
supported by the detailed savings and cost analysis 
performed by staff and contained in the Staff Report 
available in the proceeding’s docket, Staff Report: 
Analysis of Flexible Demand Standards for Pool Con -
trols.  CEC Publication Number: CEC–400–2023–001. 
The Staff Report utilizes information obtained by a 
variety of sources including industry, the Department 
of Energy, and California utilities.
RESULTS OF THE ECONOMIC IMPACT 
ANALYSIS/ASSESSMENT
The CEC concludes that: (1) the proposal will create 
jobs within California, (2) the proposal will eliminate 
jobs within California, (3) the proposal will not cre -
ate 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 the proposed regulations are utility 
cost savings to the consumer and lower statewide en -
ergy use. The proposed standards are cost–effective, 
technically feasible, and would avoid GHG emissions 
associated with electricity production by 394,000 met -
ric tons of CO2e in 2033, at full stock turnover. The 
standards would shift 64 GWh of electricity off peak 
during the first year the standard is in effect and 682 
GWh of electricity during the year at full stock turn -
over. Consumers will save an estimated $1,131 per ap -
pliance over the life of the device by shifting the time 
of electricity use. The proposed regulations should CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 8-Z
178also enhance the reliability of the electrical grid by 
shifting electricity demand.
The proposed regulation 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 significant cost im -
pacts that a representative person or business would 
necessarily incur in reasonable compliance with the 
Proposed Action.
The proposed regulations do not create the need 
for a new good or service. Instead, they require the 
improvement of existing goods in the market. The 
economic impact on business is expected to be small 
compared to the total sales, and insufficient to have an 
adverse economic impact affecting business. The CEC 
assumes that manufacturers will pass the incremental 
cost to meet the requirements onto the businesses in -
volved in the distribution and sales, which in turn will 
then pass the cost on to the consumers. However, the 
savings from lower utility bills over the lifetime of the 
appliance exceeds the incremental costs.
An individual will incur an incremental cost for a 
purchase of a compliant pool control. However, this 
is a one–time expense with no annual ongoing costs 
and consumers on time of use (TOU) rates would save 
in electric utility bills over the expected life of the 
appliance.
BUSINESS REPORT
The proposed regulations would impose new data 
reporting requirements on manufacturers of flexible 
demand appliances.
The proposed regulations would require manufac -
turers to certify each model of appliance within the 
scope of the regulations to the CEC’s flexible appli -
ance database by submitting data about each appliance 
model indicating how it meets the requirements of the 
proposed regulations . Certifying a model as compli -
ant with the flexible demand standards would allow 
effective enforcement by providing regulators with a 
list of products that could be legally sold or offered for 
sale, rented, imported, distributed, or leased for use 
in California. Certifying would also allow customers, 
distributors and retailers to verify that products can be 
legally sold prior to sale.
It is necessary for the health, safety, or welfare of 
the people of the state, that these regulations, which 
require a report, apply to businesses.EFFECT ON SMALL BUSINESS
The proposed regulations will affect small business. 
However, the initial and ongoing costs to small busi -
nesses are the same as the costs for a typical business. 
Small businesses that will be affected are those that 
sell flexible demand appliances such as retail home 
appliance stores, pool supply companies, and small 
retailers.
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 agen -
cy, 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 pro -
posed; would be as effective and less burdensome to 
affected private persons than the Proposed Action; or 
would be more cost–effective to affected private per -
sons and equally effective in implementing the statu -
tory policy or other provision of law.
CONTACT PERSON
Questions should be addressed to:
Corrine Fishman, Regulations Manager  
 Efficiency Division  
715 P Street  
Sacramento, CA 95814  
(916) 805–7452
corrine.fishman@energy.ca.gov  
 
OR 
 
Nicholaus Struven  
(916) 805–7458  
nicholaus.struven@energy.ca.gov
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 Reg -
ister, the rulemaking file consists of this notice, the 
express terms, and the ISOR. Copies may be ob -
tained by contacting Corrine Fishman at the email or 
phone number above or accessed through the CEC’s 
website at https://www.energy.ca.gov/proceedings/
energy–commission–proceedings/pool–controls .CALIFORNIA REGULATORY NOTICE REGISTER 2023, VOLUME NUMBER 8-Z
179
AVAILABILITY 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 pro -
posed regulations could be changed as a result of pub -
lic comment, staff recommendation, or recommen -
dations 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 consid -
ers changes to the proposed regulations 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 Rea -
sons (FSOR), once it has been prepared, by con -
tacting the person above or by visiting the CEC’s 
website at https://www.energy.ca.gov/proceedings/
energy–commission–proceedings/pool–controls .
AVAILABILITY OF DOCUMENTS  
ON THE INTERNET
The CEC maintains a website to facilitate pub -
lic 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/pool–controls .
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 Ap-
pliance email subscription list , which can be ac -
cessed here: https://www.energy.ca.gov/proceedings/
energy–commission–proceedings/pool–controls . The 
subscription list sends out email notifications and di -
rect 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 list but still would like 
to receive documents and notices, please contact the 
contact person listed in this notice. 
GENERAL PUBLIC INTEREST 
FISH AND GAME COMMISSION
NOTICE OF FINDINGS FOR SHASTA 
SNOW–WREATH (NEVIUSIA CLIFTONII)  
 
JANUARY 26, 2023
NOTICE IS HEREBY GIVEN  that the California 
Fish and Game Commission (Commission), at a meet -
ing on February 16–17, 2022, found pursuant to Cal -
ifornia Fish and Game Code Section 2075.5, that the 
information contained in the petition to list the species 
Shasta snow–wreath ( Neviusia cliftonii ) and other in -
formation in the record before the Commission, war -
rants adding Shasta snow–wreath to the list of threat -
ened species under the California Endangered Species 
Act (CESA) (Fish and Game Code, Section 2050 et 
seq.). (See also California Code of Regulations, Title 
14, Section 670.1, subsection (i)).
NOTICE IS ALSO GIVEN  t h a t ,  a t  i t s  F e b r u -
ary 8–9, 2023, meeting, the Commission adopted 
the following findings outlining the reasons for its 
determination.
I. Background and Procedural History
Petition History
On September 30, 2019, Kathleen Roche submit -
ted a petition to the Commission to list Shasta snow–
wreath as endangered under CESA. The Commission 
reviewed the petition for completeness, and pursu -
ant to Section 2073 of the California Fish and Game 
Code, referred the petition to the California Depart -
ment of Fish and Wildlife (Department) on October 
10, 2019 for evaluation. The Commission gave public 
notice of receipt of the petition on November 22, 2019 
(California Regulatory Notice Register 2019, Number 
47–Z, page 1592). The Department transmitted to the 
Commission the Department’s petition evaluation on 
February 6, 2020, and on February 21, 2020, the Com -
mission formally received the Department’s petition 
evaluation.
At its April 15–16, 2020 meeting, the Commission 
determined that listing may be warranted, and sub -
sequently provided notice regarding Shasta snow–
wreath’s candidate species status (California Regula -
tory Notice Register 2020, Number 18–Z, page 692).
Status Review Overview
The Commission’s action designating Shasta snow–
wreath as a candidate species triggered the Depart -
ment’s process for conducting a status review to in -
form the Commission’s decision on whether to list the 
species. At a public meeting in April 2021, the Com -