DOCKETED  
Docket Number:  23-FDAS -01 
Project Title:  Pool Controls Rulemaking  
TN #:  248923  
Document Title:  Notice of Proposed Action (NOPA) for Pool Controls Regulation  
Description:  A public hearing for the proposed regulatory changes to the 
flexible demand standards for pool controls will be held on 
Tuesday, April 11, 2023.  
Filer:  Amber Beck  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  2/23/2 023 8:48:53 AM  
Docketed Date:  2/23/2023  
 STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY  Gavin Newsom, Governor  
 
CALIFORNIA ENERGY COMMISSION   
715 P  Street  
Sacramento, California 95814  
 
energy.ca.gov  
 
CEC-0 57 (Revised 1/ 21)
NOTICE OF PROPOSED ACTION  
2023 Flexible Demand Appliance Standards for Pool Controls  
 
Docket No. 23-FDAS -01 
Notice Published on  February 24, 2023 
INTRODUCTION 
Notice is hereby given that t he  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 169 7 into Title 20, the California Code of Regulations  
(CCR)  (“the Proposed Action”) , related to flexible demand appliance standards (FDAS)  
generally  and to pool controls  specifically , after considering all comments, objections, 
and recommendations, regarding the Proposed Action . 
 
P
UBLIC HEARING  
The CEC staff will hold a public hearing for the proposed regulatory changes at the 
date and time listed below. Interested persons, or their authorized representative, may present statements, arguments, or contentions relevant to the proposed regulatory changes at the public hearing. The record for this hearing will be kept open until every 
person attending has had an opportunity to provide comment.  
 
Tuesday April 11, 2023  
10:00 a.m. (Pacific Time)  
 The public hearing will be held remotely to improve and enhance public access to meetings allowing broader access through teleconferencing options . Instructions for 
remote participation for the public hearing are below . 
 
REMOTE ATTENDANCE  
The public hearing may be accessed by clicking the Zoom link below or visiting Zoom  at https://join.zoom.us  an
d entering the ID and password below. If you 
experience difficulties  joining, you may contact Zoom at (888) 799- 9666 ext. 2, or the 
Office  of the Public Advisor, Energy Equity and Tribal Affairs 
at publicadvisor@energy.ca.gov  or by  phone at (916) 654- 4489 or toll free at (800) 
822-6228 . 
  
2 Link: 
https://energy.zoom.us/j/88678978298?pwd=Mkp1NW02ckJ3anR1SnNlV3k4UnJpdz0
9 
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 Equity 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 at public advisor@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 Advisor, 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 written comments at the 
earliest possible date. Comments submitted outside thi s comment period are 
considered untimely. The CEC may, but is not required to, respond to untimely comments, including those raising significant environmental issues.  
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 -co mmission- proceedings/pool -
controls  w hich 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, 3 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 No . 23-FDAS -01 
715 P Street, MS -4 
Sacramento, CA 95814 
 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.  
 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: Sections 25216.5(d), 25402(f) , and 25402.11, Public Resources 
Code.  
INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW  
The Warren- Alquist Act establishes the CEC as California’s primary energy policy and 
planning agency. 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, uneconomic, inefficient, or unnecessary consumption of energy.  
 In 2019 the California Legislature passed Senate Bill 49 (SB 49, Skinner, Chapter 697, Statutes of 2019) granting the CEC with  new authority to develop standards for flexible 
demand technologies to reduce 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, 
chlorinator, 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 4 provisions specifically applicable to pool controls and general provisions that will apply 
to this and future FDAS. The propose d pool control standards will require all pool 
controls to have a default schedule for the operation of pool equipment and internet 
connectivity to enhance flexible demand capabilities.  
Difference from existing comparable f ederal regulation or statute  
The CEC has determined that there are no existing comparable federal regulations or 
statutes.  
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, technically feasible, and would avoid GHG 
emissions associated with electricity production by 394,000 metric tons of carbon dioxide equivalent (CO
2e) 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 appliance 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 California Code of Regulations . Therefore,  the CEC has determined that the 
proposed regulations  which would adopt general provisions applicable to  FDAS and  
specific requirements for pool controls would not prevent compliance with existing 
state regulations and are neither inconsistent nor incompati ble with any other existing 
state regulations.  
DOCUMENTS INCORPORATED BY REFERENCE  
None  
MANDATED BY FEDERAL LAW OR REGULATIONS  
None  
OTHER STATUTORY REQUIREMENTS  
None  5 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 requiring 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 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 will not have a statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. T his 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 Controls.  CEC Publication Numbe r: 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 w ill create jobs within California, (2) the 
proposal will  eliminate jobs within California, (3) the proposal will not create 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 stat ewide energy use.  The proposed standards are cost -effective, technically 
feasible, and would avoid GHG emissions associated with electricity production by 394,000 metric tons of CO
2e in 2033 , at full stock turnover. The standards would shift 
64 GWh of elec tricity 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 appliance 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.  
The proposed regulation will not adversely impact the health and welfare of California residents, worker safety, or the state’s environment.  6 COST IMPACTS ON REPRESENTATIVE PERSON OR BUSINESS  
The CEC is not aware of any  significant cost impacts 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 involved in the distribution and sales, which in turn will then pass the cost on to the consumers. However, the savings from lower uti lity 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 requirement s on 
manufacturers of flexible demand appliances . 
The propose d regulations would require manufacturers to certify each model of 
appliance within the scope of the regulations to the CEC’s flexible appliance database  
by submitting data about each appliance model indicating how it meets the 
requirements of the proposed  regulations . Certifying a model as compliant 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 businesses 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 st ores, pool supply companies, and small retailers.  
CONSIDERATION OF ALTERNATIVES  
In accordance with Government Code s ection 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; 7 or would be mor e cost -effective to affected private persons and equally effective in 
implementing the statutory 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 Register, the rulemaking file consists of this notice, the express terms, and the ISOR. Copies may be obtai ned 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  
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 proposed regulations could be 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 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 Reasons (FSOR), once it has been prepared, by  contacting the person above or by  8 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 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/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 Appliance  email 
subscription list , which can be accessed here: 
https://www.energy.ca.gov/proceedings/energy -commission- proceedings/pool -
controls . T he subscription list  sends out email notifications and direct links when 
documents  and notices are filed in the proceeding docket. If you are unable or do not 
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