CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1816been identified and brought to its attention would be
more ef fective in carrying out the purpose for which the
action is proposed, would be as effective and less bur-densome to affected private persons than the proposal
described in this Notice, or would be more cost effec-
tive to affected private persons and equally effective inimplementing the statutory policy or other provision of
law.
Any interested person may submit comments to the
Board in writing relevant to the above determinations at
1747 N. Market Blvd, Suite 230, Sacramento, Califor-nia 95834.
INITIAL STATEMENT OF REASONS
AND INFORMATION
The Board has prepared an initial statement of the
reasons for the proposed action and has available all the
information upon which the proposal is based.
TEXT OF PROPOSAL
Copies of the exact language of the proposed regula-
tions, and any document incorporated by reference, and
of the initial statement of reasons, and all of the infor-
mation upon which the proposal is based, may be ob-
tained upon request from the Board at 1747 North Mar-
ket Blvd., Suite 230, Sacramento, California 95834.
A V AILABILITY AND LOCATION OF THE FINAL
STATEMENT OF REASONS AND
RULEMAKING FILE
All the information upon which the proposed regula-
tions 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 re-
quest to the contact person named below or by access-
ing the website listed below.
CONTACT PERSON
Inquiries or comments concerning the proposed rule-
making action may be addressed to:Name: Amanda Drummond,
Administrative Program
Coordinator
Address: V eterinary Medical Board
1747 North Market Blvd.,
Suite 230
Sacramento, CA 95834
Telephone No.: 916−515−5238
Fax No.: 916−928−6849
E−Mail Address: Amanda.Drummond@dca.ca.gov
The backup contact person is:
Name: Ethan M athes, Interim Executive
Officer
Address: V eterinary Medical Board
1747 North Market Blvd.,
Suite 230
Sacramento, CA 95834
Telephone No.: 916−515−5220
Fax No.: 916−928−6849E−Mail Address: Ethan.Mathes@dca.ca.gov
WEBSITE ACCESS
Materials regarding this proposal can be found at
www.vmb.ca.gov .
TITLE 20. CALIFORNIA ENERGY
COMMISSION
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation
and Development Commission
Chapter 4. Energy Conservation
Article 4. Appliance Efficiency Regulations
Sections 1601−1609
NOTICE OF PROPOSED ACTION
California Energy Commission
Portable Air Conditioners
Docket No. 18−AAER−04
INTRODUCTION
The Energy Commission proposes to adopt regula-
tions for single−duct and dual−duct portable air condi-
tioners (portable air conditioners) after considering all
comments, objections, and recommendations regard-ing the proposed action.
A PUBLIC HEARING IS SCHEDULED
The California Energy Commission will hold a pub-
lic hearing for the proposed regulations on the follow-CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1817ing date and time. Any interested person, or his or her
authorized representative, may present oral and written
statements relevant to the proposed regulations at thehearing. The Energy Commission requests that any per-
son making oral comments also submit a written copy
of the testimony at the hearing.
Tuesday, November 27, 2018
10:00 a.m. — 12:00 p.m. (Pacific T ime)
California Energy Commission
1516 9th Street
First Floor, Rosenfeld Hearing RoomSacramento, CA 95814(Wheelchair accessible)
Audio for the hearing will be broadcast over the inter-
net. Details regarding the Energy Commission’swebcast can be found at www .energy.ca.gov/webcast
.
If you have a disability and require assistance to par-
ticipate in the hearing, please contact Erica Rodriguez
at Erica.Rodriguez@ener gy.ca.gov  or (916) 654−4314,
at least 5 days in advance.
Public Adviser:
The California Energy Commission’s Public Advis-
er, Alana Mathews, is available to assist any person who
wishes to participate in this proceeding. For assistancefrom the Public Adviser’s Office, please call (916)
654−4489 or toll−free in California at (800) 822−6228
or contact publicadviser@energy .ca.gov
.
News Media Inquiries:
News media inquiries should be directed to the Media
and Public Communications Office at (916) 654−4989,
or by e−mail at mediaof fice@energy.ca.gov .
WRITTEN COMMENT PERIOD
You may submit written comments to the Energy
Commission for consideration on or prior to 5:00 p.m.on Monday, November 26, 2018. The Energy Commis-sion appreciates receiving written comments at the ear-
liest possible date.
Please submit comments to the California Energy
Commission using the Commission’s e−commentingfeature by going to the Commission’s Portable Air
Conditioners webpage at http://www.energy.ca.gov/
appliances/2018−AAER−04−06_08/18−AAER−04.
html Docket Number 18−AAER−04, then select the
“Submit e-comment” link. A full name, e−mail address,
comment title, and either a comment or an attached doc-ument (.doc, .docx, or .pdf format) is mandatory. After a
challenge−response test used by the system to ensure
that responses are generated by a human user and not a
computer, click on the “Agree & Submit Your Com-ment” button to submit the comment to the CaliforniaEnergy Commission’s Docket Unit.Please note that written comments, attachments, and
associated contact information included within the
written comments and attachments (e.g., your address,phone number, email address, etc.) become part of the
viewable public record.
You are encouraged to use the electronic filing sys-
tem, described above, to submit comments. All written
comments submitted prior to the hearing must be sub-
mitted to the docket unit. If you are unable to submit
electronically, a paper copy of your comments may besent to:
Docket Unit
California Energy Commission
Docket No. 18−AAER−041516 9th Street, MS−4Sacramento, CA 95814
Telephone: (916) 654−5076
Or by e−mail to DOCKET@energy .ca.gov
Or fax them to Dockets at (916) 654−4354
STATUTORY AUTHORITY AND REFERENCE
Public Resources Code Sections 25213, 25218(e),
and 25402(c) authorize the Energy Commission toadopt any rule or regulation, as necessary, to imple-ment, interpret and make specific Public Resources
Code Sections 25402(c) and 25216.5(d).
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
The Warren−Alquist Act establishes the Energy
Commission as California’s primary energy policy and
planning agency. Sections 25213, 25218(e), and25402(c) of the Public Resources Code mandate that
the California Energy Commission adopt rules and reg-
ulations, as necessary, to reduce the inefficient con-sumption of energy and water by prescribing ef ficiency
standards and other cost−effective measures for appli-
ances whose use requires a significant amount of energy
or water statewide.
One of the ways the Energy Commission satisfies this
requirement is through the Appliance Efficiency Regu-
lations (California Code of Regulations, title 20, sec-
tions 1601−1609), which contain definitions, test pro-cedures, efficiency standards, and marking and certifi-
cation requirements for state− and federally regulated
appliances. Further, the regulations require that appli-ance manufacturers certify to the Energy Commissionthat their products meet all applicable state and federal
appliance efficiency regulations before their products
can be included in the Energy Commission’s databaseof appliances approved to be sold or offered for sale inCalifornia.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1818Appliance energy efficiency is identified as a key to
achieving the greenhouse gas (GHG) emission reduc-
tion goals of Assembly Bill 32 (Nunez, Chapter 488,Statutes of 2006). Senate Bill 350 (de León, Chapter
547, Statutes of 2015), established the Clean Energy
and Pollution Reduction Act of 2015, requiring the En-ergy Commission to establish annual targets forstatewide energy ef ficiency savings and demand reduc-
tion that will achieve a doubling of energy savings from
buildings and retail end uses by 2030.
Therefore, in compliance with statute, the Energy
Commission has prepared the proposed regulations to
provide definitions, data reporting requirements and ef-
ficiency standards for portable air conditioners, sold or
offered for sale in California, effective February 1,
2020. The proposed regulatory language includes
changes recently made to the Appliance EfficiencyRegulations, approved September 26, 2018, and which
became effective October 1, 2018. These changes are
available online at https://efiling.energy.ca.gov/
GetDocument.aspx?tn=224840 .
Difference from existing comparable federal
regulation or statute
No federal efficiency standards currently exist for
portable air conditioners. The United States Depart-
ment of Energy (DOE) considered energy conservation
standards for portable air conditioners in a rulemakingin 2016, but to date has not published a final rule in theFederal Register. However, the DOE did publish a final
test procedure for portable air conditioners in the Feder-
al Register on June 1, 2016, making it the applicable testprocedure for all single−duct and dual−duct portable air
conditioners manufactured in or imported into the Unit-
ed States.
The Energy Commission used information from the
DOE rulemaking to support the proposed regulation.
Broad objectives of the regulations and the specific
benefits anticipated by the pr oposed amendments
The broad objective of these regulations is to increase
energy efficiency savings in the state by establishing
statewide energy efficiency standards for single−ductand dual−duct portable air conditioners. Portable airconditioners were added under the scope of the Appli-
ance Efficiency Regulations in a previous rulemaking
along with definitions and the federal test method.These regulations are proposing to provide additional
definitions, data reporting requirements, and ef ficiency
standards.
The specific benefits of the proposed regulations
would be cost savings to the consumer, lower statewide
energy use, and lower statewide greenhouse gas emis-
sions and criteria air pollutants associated with electric-
ity production. It’s anticipated that consumers wouldsave approximately $5 million in first−year savings and$50 million annually after stock turnover in ten years.
The proposed standard is expected to annually yield
369 gigawatt hours (GWh) in energy savings after stockturnover.
Determination of inconsistency or incompatibility
with existing state r egulations
The Commission has conducted an evaluation for any
other regulations in this area and has concluded thatthese are the only regulations concerning portable airconditioners. The Energy Commission currently has
definitions, test procedures, and reporting requirements
for spot air conditioners. Spot air conditioners are a typeof “portable air conditioner” in the general sense(meaning an air conditioner that can be moved from
room to room), but are distinct from single−duct and
dual−duct air conditioners because they intake air from
the room and output both the cool air and the rejectedheat into the same room. The Energy Commission is not
proposing any changes to the regulations for spot air
conditioners.
Therefore, the proposed regulations are neither in-
consistent nor incompatible with any other existing
state regulations. These regulations are proposed toprovide definitions, data reporting requirements, andefficiency standards for single−duct and dual−duct por-
table air conditioners.
DOCUMENTS INCORPORATED
BY REFERENCE
The Energy Commission will not be incorporating
any documents by reference.
MANDATED BY FEDERAL LAW
OR REGULATIONS
None.
OTHER STATUTORY REQUIREMENTS
None.
FISCAL IMPACTS
The Energy Commission has made the following ini-
tial determinations:
/C0083 A mandate on local agencies and school districts:
None.
/C0083 The cost to any local agency or school district
requiring reimbursement pursuant to Government
Code section 17500 et seq.: None.
/C0083 Cost or savings to any state agency: None.
/C0083
Non−discretionary cost or savings imposed upon
local agencies: None.CALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1819/C0083 Cost or savings in federal funding to the state:
None.
/C0083 Significant ef fect on housing costs: None.
/C0083 Cost Impact on small business: The Energy
Commission is not aware of any significant costimpacts that a small business would incur in
reasonable compliance with the proposed action.
There are no small businesses in Californiaengaged in the manufacturing of portable airconditioners. The small businesses involved in
distribution and sales of portable air conditioners
may experience increased wholesale purchaseprices of portable air conditioners due to the
proposed standard; however, the Energy
Commission assumes these costs are entirelypassed along to the end consumer, so that there are
no direct economic impacts of the proposed
standard to these businesses.
SIGNIFICANT STATEWIDE ADVERSE
ECONOMIC IMPACT DIRECTLY AFFECTING
BUSINESS, INCLUDING ABILITY OF
CALIFORNIA BUSINESSES TO COMPETE WITH
BUSINESSES IN OTHER STATES
The Energy Commission estimates that approximate-
ly 500 California businesses may be impacted by theregulations. However, these regulations are not likely to
result in a significant adverse economic impact on any
business.
The proposed regulation sets new efficiency stan-
dards that will require manufacturers to produce more
efficient portable air conditioners. However, there no
manufacturers of portable air conditioners in the United
States. The Energy Commission assumes that portable
air conditioner manufacturers will pass the incremental
cost to improve the efficiency of an appliance onto thedistributors and retailers, which will then pass on thecost to consumers.
Under the appliance efficiency regulations (sections
1608 and 1609), retailers are responsible for ensuringthat the products they sell appear in the Modernized Ap-
pliance Ef ficiency Database System (MAEDbS) before
they are sold or offered for sale in California. Because
portable air conditioners are a newly covered product,the Energy Commission assumes that retailers will ex-
perience some additional costs associated with check-
ing MAEDbS to ensure that the portable air condition-ers they sell appear in the MAEDbS and are thereforecompliant and lawful to sell in the state. The Energy
Commission estimates that this will cost each company
about $25 per model. Energy Commission staff esti-mates that large−scale national home improvementstores carry approximately 160 in−scope portable airconditioner models that will require MAEDbS verifica-
tion. Independently operated stores may carry fewer
than ten in−scope portable air conditioner models.These are one−time costs and unlikely to be passed
through to consumers and also unlikely to cause a sig-
nificant adverse impact on businesses in California.
Some retailers may choose to incur additional costs if
they rebrand an appliance that is not certified to
MAEDbS and wish to sell it in California. These retail-
ers are required to certify the appliances to California,and therefore will incur costs associated with reportingto the MAEDbS.
Sellers of electricity, both retail and wholesale, may
experience slightly reduced sales of electricity due tothe proposed standard. However, any reduction in sales
is small compared to the total electricity sales of these
entities and therefore negligible.
COST IMPACTS ON REPRESENTATIVE PERSON
OR BUSINESS
The Energy Commission is not aware of any signifi-
cant cost impacts that a representative private person orbusiness would necessarily incu r in reasonable compli-
ance with the proposed action.
Efficiency standards for portable air conditioners
have an initial increased incremental cost to individuals
for the improved ef ficiency, but the increased ef ficiency
will result in lower utility bills to those individuals
through reduced electricity consumption. The savings
from the lower utility bills over the lifetime of the more
efficient portable air conditioners exceed the incremen-
tal costs of improvement, resulting in overall economic
savings. The Energy Commission assumes that an indi-
vidual would purchase only one portable air conditioner
per household.
The businesses involved in distribution and sales of
portable air conditioners may experience increasedwholesale purchase prices of portable air conditionersdue to the proposed standard; however, the Energy
Commission assumes these costs are entirely passed
along to the end consumer, so that there are no directeconomic impacts of the proposed standard to thesebusinesses. There are no manufacturers in the United
States of portable air conditioners and portable air con-
ditioner shipments and sales are not expected to change
significantly as a result of the proposed regulations.
However, some r etailers may choose to incur additional
costs if they rebrand an appliance that is not certified to
MAEDbS and wish to sell it in California. These retail-ers are required to certify the appliances to California,
and therefore will incur costs associated with reporting
to the MAEDbS.
Sellers of electricity, both retail and wholesale, may
experience slightly reduced sales of electricity due toCALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1820the proposed standard. However, any reduction in sales
is small compared to the total electricity sales of these
entities and therefore negligible.
The Energy Commission estimates that the regula-
tions may potentially create a maximum of 25 jobs in
California and will not eliminate any jobs. This is based
on the DOE’s Technical Support Document’s indirectemployment impact analysis. There is no direct impact
on jobs because there is no production in the United
States of portable air conditioners subject to the pro-posed standard.
BUSINESS REPORT
The regulations impose a new reporting requirement
for manufacturers, including private brand packagersand reassemblers, of single−duct and dual−duct porta-ble air conditioners. However, there are no manufactur-
ers of portable air conditioners located in the United
States and as such, there will be no reporting costs for a
California business due to the proposed regulations.However, some retailers may choose to stand in as man-
ufacturers when they rebrand a product and take on the
manufacturer’s certification burden for that portable air
conditioner model.
It is necessary for the health, safety, or welfare of the
people of the state that the regulation which requires areport apply to businesses.
RESULTS OF THE ECONOMIC IMPACT
ANALYSIS/ASSESSMENT
The Energy Commission concludes that (1) the pro-
posal may indirectly create jobs within California, (2)it’s unlikely the proposal will eliminate jobs within Cal-
ifornia, (3) it’s unlikely the proposal will create new
businesses in California, (4) it’s unlikely the proposalwill eliminate existing businesses within California, (5)
it’s unlikely the proposal will result in the expansion of
businesses currently doing business within the state.
Benefit of the Proposed Action: The proposed regula-
tion will benefit California residents and worker safetythrough mandatory statewide standards including defi-
nitions, reporting requirements and efficiency stan-
dards for portable air conditioners. It’s anticipated thatconsumers would save approximately $5 million in
first−year savings and $50 million annually after stock
turnover in ten years. The proposed standard is expect-
ed to annually yield 369 gigawatt−hours (GWh) in ener-gy savings after stock turnover.
The proposed regulations will have a significant posi-
tive impact on the environment through energy effi-ciency gains and avoiding greenhouse gas (GHG) emis-
sions and criteria pollutant emissions. Therefore, theEnergy Commission could not identify any adverse en-
vironmental impacts associated with the proposed effi-
ciency standards.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code section
11346.5, subdivision (a)(13), the Commission must de-
termine that no reasonable alternative considered by the
agency, or that has otherwise been identified and
brought to the attention of the agency, would be moreeffective in carrying out the purpose for which the ac-tion is proposed, would be as ef fective and less burden-
some to affected private persons than the proposed ac-
tion, or would be more cost−ef fective to af fected private
persons and equally effective in implementing thestatutory policy or other provision of law.
The Ener gy Commission invites interested persons to
present statements or arguments concerning alterna-tives to the proposed regulations at the scheduled hear-
ing or during the written comment period.
CONTACT PERSON
Please direct inquiries concerning all aspects of the
rulemaking process, including requests for copies of the
proposed text (the “express terms”), the initial state-
ment of reasons, any modified version of the regula-tions, the substance of the proposed regulations or any
other information upon which the rulemaking is based,
to:
Corrine 
Fishman
Regulations Manager, Efficiency Division
1516 Ninth Street
Sacramento, CA 95814−5512(916) 654−4976corrine.fishman@energy.ca.gov
If Corrine Fishman is unavailable, please contact
Patrick Saxton at Patrick.Saxton@energy.ca.gov  or
(916) 654−4274.
COPIES OF THE INITIAL STATEMENT OF
REASONS, THE EXPRESS TERMS, AND
RULEMAKING FILE
The Energy Commission will have the entire rule-
making file available for inspection and copying
throughout the rulemaking process at its office at theabove address. As of the date this notice is published in
the Notice Register, the rulemaking file consists of this
notice, the express terms, the initial statement of rea-
sons, and any documents relied upon. Copies may beobtained by contacting Corrine Fishman at the address
or phone number listed above or accessed through theCALIFORNIA REGULATORY NOTICE REGISTER 2018, VOLUME NO. 41-Z
 1821Energy Commission’s webpage at http://www.energy.
ca.gov/appliances/2018−AAER−04−06_08/18−
AAER−04.html .
A V AILABILITY 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 recom-
mendations from Commissioners. Moreover, changes
to the proposed regulations not indicated in the expressterms could be considered if they improve the clarity or
effectiveness of the regulations. If the Energy Commis-
sion considers changes to the proposed regulations pur-
suant 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 Energy Commissionadopts or amends the resulting regulations.
COPY OF THE FINAL STATEMENT
OF REASONS
At the conclusion of the rulemaking, persons may ob-
tain a copy of the final statement of reasons once it has
been prepared by visiting the Energy Commission’s
website at http://www.energy.ca.gov/appliances/
2018−AAER−04−06_08/18−AAER−04.html  or con-
tacting the contact person listed above.
A V AILABILITY OF DOCUMENTS ON
THE INTERNET
The Energy Commission maintains a website in order
to facilitate public access to documents prepared andconsidered as part of this rulemaking proceeding. Doc-
uments prepared by the Energy Commission for this
rulemaking, including this Notice of Proposed Action,the Express Terms, and the Initial Statement of Rea-
sons, have been posted on our website at
http://www.ener gy.ca.gov/appliances/2018−AAER−
04−06_08/18−AAER−04.html .TITLE 22. DEPARTMENT OF PUBLIC
HEALTH
NOTICE OF PROPOSED RULEMAKING
Title 22. Social Security
DPH−15−003 In−Patient Tr eatment of
Eating Disorders
Notice is hereby given that the California Department
of Public Health (Department) is proposing the regula-
tion described below. This notice of proposed rulemak-
ing commences a rulemaking to make the regulations
permanent after considering all comments, objections,
and recommendations regarding the regulation.
PUBLIC PROCEEDINGS
The Department is conducting a 45−day written pub-
lic proceeding during which time any interested person
or such person’s duly authorized representative may
present statements, arguments or contentions (all ofwhich are hereinafter referred to as comments) relevant
to the action described in the Informative Digest/Policy
Statement Overview section of this notice.
To request copies of the regulatory proposal in an al-
ternate format, please write or call: Anita Shumaker,
Office of Regulations, 1415 L Street, Suite 500, Sacra-
mento, CA 95814, at (916) 440−7718, email toAnita.Shumaker@CDPH.ca.gov
 or use the California
Relay Service by dialing 711.
WRITTEN COMMENT PERIOD
Written comments pertaining to this proposal, re-
gardless of the method of transmittal, must be received
by Office of Regulations by 5:00 p.m. on November 26,2018, which is hereby designated as the close of the
written comment period. Comments received after this
date will not be considered timely.
Written comments may be submitted as follows:
1. By email to: regulations@cdph.ca.gov
. It is
requested that email transmission of comments,particularly those with attachments, contain theregulation package identifier “DPH−15−003
Inpatient Treatment of Eating Disorders” in the
subject line to facilitate timely identification andreview of the comment;
2. By fax transmission to: (916) 636−6220;3. By postal service or hand delivered to: California
Department of Public Health, Office ofRegulations, 1415 L Street, Suite 500,Sacramento, CA 95814.