CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
347
IMPACT OF REGULATORY ACTION/
RESULTS OF THE ECONOMIC  
IMPACT ASSESSMENT
The potential for significant statewide adverse eco -
nomic impacts that might result from the proposed 
regulatory action has been assessed, and the following 
initial determinations relative to the required statutory 
categories have been made:
(a) Significant Statewide Adverse Economic Impact 
Directly Affecting Business, Including the 
Ability of California Businesses to Compete with 
Businesses in Other States:
 The proposed action will not have a signifi -
cant statewide adverse economic impact direct -
ly affecting business, including the ability of 
California businesses to compete with businesses 
in other states. The proposed action is expected 
to augment California competitiveness by bring -
ing landings to ports in California in conjunction 
with MSC certification.
(b) Impact on the Creation or Elimination of Jobs 
Within the State, the Creation of New Businesses 
or the Elimination of Existing Businesses, or the 
Expansion of Businesses in California; Benefits 
of the Regulation to the Health and Welfare of 
California Residents, Worker Safety, and the 
State’s Environment:
 The Commission anticipates positive impacts 
on the creation of jobs, the creation of new busi -
ness, and the expansion of businesses related to 
California pink shrimp commercial fishing activ -
ity in California. The Commission does not an -
ticipate any impacts on the elimination of jobs 
or the elimination of existing businesses. The 
Commission does not anticipate any benefits to 
the health and welfare of California residents or 
worker safety. Benefits to the state’s environ -
ment are anticipated through a more sustainable 
pink shrimp fishery and through the reduction 
of bycatch, particularly of federally threatened 
eulachon.
(c) Cost Impacts on a Representative Private Person 
or Business:
 The proposed FLD lighting requirement on trawl 
lines is estimated to cost pink shrimp trawlers an 
estimated $275 initially and $175 in ongoing an -
nual maintenance costs.
(d) Costs or Savings to State Agencies or Costs/
Savings in Federal Funding to the State:
 The Commission anticipates that there will be 
costs to the state, specifically the Department. 
Program implementation costs are estimated to 
be $24,119 per fiscal year. These additional costs 
will be absorbed within existing Department budgets. No effects on federal funding to the state 
are anticipated.
(e) Nondiscretionary Costs/Savings to Local 
Agencies:
 None.
(f ) Programs Mandated on Local Agencies or School 
Districts:
 None.
(g) Costs Imposed on any Local Agency or School 
District that is Required to be Reimbursed Under 
Part 7 (commencing with Section 17500) of 
Division 4, Government Code:
 None.
(h) Effect on Housing Costs:
 None.
EFFECT ON SMALL BUSINESS
It has been determined that the adoption of these reg -
ulations may affect small business. The Commission 
has drafted the regulations in Plain English pursu -
ant to Government Code Sections 11342.580 and 
11346.2(a)(1).
CONSIDERATION OF ALTERNATIVES
The Commission must determine that no reasonable 
alternative considered by the Commission, or that has 
otherwise been identified and brought to the attention 
of the Commission, would be more effective in carry -
ing out the purpose for which the action is proposed, 
would be as effective and less burdensome to affect -
ed 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.
TITLE 20.  ENERGY COMMISSION
2021 APPLIANCE EFFICIENCY 
RULEMAKING FOR AIR FILTERS  
DOCKET NO. 20–AAER–02
INTRODUCTION
Notice is hereby given that the California Energy 
Commission (CEC) proposes to adopt changes to 
the air filter regulations contained in the California 
Code of Regulations (CCR), Title 20 (the “Proposed 
Action”), after considering all comments, objections, 
and recommendations regarding the Proposed Action.CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
348PUBLIC HEARING
The CEC staff will hold a public hearing for the pro -
posed regulations at the date and time listed below. 
Interested persons, or their authorized representative, 
may present statements, arguments, or contentions rel -
evant to the proposed regulations at the public hear -
ing. The record for this hearing will be kept open until 
every person present at the conclusion of staff’s pre -
sentation has had an opportunity to provide comment.
Tuesday May 10, 2022  
10:00 a.m. (Pacific Time)
BUSINESS MEETING
PLEASE TAKE NOTICE  that the CEC will con -
sider and possibly adopt the proposed regulations at 
a CEC Business Meeting 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 regulations at the 
Business Meeting. If the date, time, place, or nature of 
the proposed adoption changes, the CEC will provide 
updated information in the rulemaking docket.
Wednesday, July 13, 2022  
10:00 a.m. (Pacific Time)
The public hearing will be held remotely, consis -
tent with AB 361 (Rivas, Stats. 2021, chapter 165, § 2) 
to improve and enhance public access to state and lo -
cal agency meetings during the COVID–19 pandem -
ic and future emergencies by allowing broader access 
through teleconferencing options. Instructions for re -
mote 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  and 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.
URL: https://energy.zoom.us/j/91545828462?pwd=
dXlhSmEvMmw0R1NxN0RwcWIRdGt0dz09  
Webinar ID: 915 4582 8462  
Passcode: 847325
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 com -
ment 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 assis -
tance in participating in CEC proceedings. For in -
formation 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 ac -
commodations should be made at least five days in ad -
vance. 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.
MEDIA INQUIRIES
Direct media inquiries to the Media and Public 
Communications Office to (916) 654–4989 or 
mediaoffice@energy.ca.gov .
PUBLIC COMMENT PERIOD
The written public comment period for the Proposed 
Action will be held from March 25, 2022, through 
May 9, 2022. Any interested person, or their autho -
rized representative, may submit written comments to 
the CEC for consideration on or prior to May 9, 2022. 
The CEC appreciates receiving written comments at 
the earliest possible date. Comments submitted out -
side this comment period are considered untimely. 
CEC may, but is not required to, respond to untime -
ly comments, including those raising significant envi -
ronmental 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 commen-  
ting system. Visit the e–commenting page at https://  
www.energy.ca.gov/rules–and–regulations/  
appliance–efficiency–regulations–title–  
20/appliance–efficiency–proceedings–0  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 includ -
ed in the “Comment Text” box or attached as a down -
loadable, searchable document consistent with Title 
20, California Code of Regulations, Section 1208.1. 
The maximum file size allowed is 10 MB.CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
349
Written comments may also be submitted by email. 
Include docket number 20–AAER–02 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 20–AAER–02  
715 P Street, MS–4  
Sacramento, CA 95814
Pursuant to California Code of Regulations Title 20, 
Section 1104(e), any person may make oral comment 
on any agenda item at the July 13, 2022, Business 
Meeting. Please consult the public agenda, which will 
be posted ten days before the July 13, 2022, Business 
Meeting, for important details.
To ensure you receive notice of any changes to the 
proposed regulations in this proceeding, please follow 
the instructions provided at the end of this notice to 
join the proceeding list serve or provide a valid email 
or mailing address with your comments.
STATUTORY AUTHORITY AND REFERENCE
Public Resources Code Sections 25213, 25218(e), and 
25402(c) authorize the CEC to adopt rules or regula -
tions, as necessary, to implement, 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 CEC as 
California’s primary energy policy and planning 
agency. Sections 25213, 25218(e), and 25402(c) of the 
Public Resources Code mandate and/or authorize that 
the CEC adopt rules and regulations, as necessary, to 
reduce the inefficient consumption of energy and wa -
ter by prescribing efficiency standards and other cost–
effective measures, including energy consumption 
marking, for appliances whose use requires a signif -
icant amount of energy or water statewide.
One of the ways the CEC satisfies this requirement 
is through the Appliance Efficiency Regulations, Title 
20, Sections 1601–1609, 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 appli -
ances approved to be sold or offered for sale within 
California.In 2016, the CEC learned that manufacturers of air 
filters were concerned about certain testing require -
ments regarding what size filters must be used in 
the relevant test procedures. The regulations, which 
required manufacturers to test “large,” “medium,” 
and “small” air filters, were meant to provide manu -
facturers flexibility when conducting required tests. 
However, manufacturers expressed concerns that they 
lacked adequate guidance on how to identify and se -
lect which air filter sizes were required to be test -
ed. Further, manufacturers expressed concerns that 
it was unclear how to apply the test results from the 
small, medium, and large air filters to the rest of the 
manufacturers’ air filters in the same product family. 
Manufacturers voiced their concern that the lack of 
an industry standard or accurate method to scale test 
results to different filter sizes made it impossible for 
manufacturers to consistently comply with the testing, 
marking, and certification requirements for air filters. 
These concerns were not raised during the original 
rulemaking; rather, they only became evident after the 
regulations were adopted.
On August 9, 2017, in response to these concerns, 
the CEC adopted emergency regulations to change the 
effective date by which air filters sold or offered for 
sale in California must comply with testing, marking, 
and certification requirements. These emergency reg -
ulations changed the effective date for these require -
ments from July 1, 2016, to the new effective date of 
April 1, 2019. This new effective date provided the 
CEC some additional time to collaborate with stake -
holders to study, address, and resolve manufacturers’ 
concerns with the existing testing requirements, while 
allowing manufacturers to continue to supply air fil -
ters to the California market. The rulemaking clarify -
ing the test, certification, and marking requirements 
was not completed within the allotted time frame of 
one year, and as a result, the standard reverted to the 
original regulation. Ultimately, CEC staff concluded 
the regulations should be amended to be more specific 
with respect to different air filter sizes needed for test -
ing and certification.
In this rulemaking, the CEC proposes to update the 
testing, certification, and marking requirements for 
air filters, addressing the concerns discussed above. 
The CEC proposes modifying the existing scope for 
air filters to clarify that only air filters for ducted sys -
tems are covered by the regulation. The CEC also 
proposes to update the test procedures to the most re -
cent iterations of the American National Standards 
Institute/American Society of Heating, Refrigerating 
and Air–Conditioning Engineers Standard 52.2–2017 
and the Air–Conditioning, Heating, and Refrigeration 
Institute Standard 680 (I–P)–2017 test methods. The 
proposed regulation allows the size of the filter used 
for testing to be chosen by the manufacturer as the CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
350basic model for the filter family. The certification and 
marking requirements have been updated to be consis -
tent with test procedures described above.
Difference from existing comparable federal 
regulation or statute
The CEC has determined that there are no existing 
comparable federal regulations or statutes and there 
are no relevant Federal Trade Commission marking 
requirements for air filters.
Broad objectives of the regulations and the specific 
benefits anticipated by the proposed amendments
The broad objective of the regulations is to carry out 
the CEC’s statutory mandate to reduce the wasteful, 
uneconomic, inefficient, or unnecessary consumption 
of energy by updating the testing, certification, and 
marking requirements for air filters, which CEC staff  
project will lead to greater efficiency savings.
The specific benefits of the proposed regulations 
are modifications to the existing standards that will 
allow manufacturers to certify all sizes of air filters to 
the CEC. The modification will also enable consum -
ers to purchase the correct air filter that is compati -
ble with ducted forced–air heating or cooling systems. 
Although this regulation is not one which introduces 
an efficiency standard, it provides the necessary in -
formation, through database certification and product 
marking, for consumers to acquire an efficient air filter 
for heating, ventilation, and air conditioning (HVAC) 
systems. Since the air filter accounts for one percent 
of the total efficiency of an HVAC system, CEC staff  
calculate a total energy savings of approximately 30 
GWh/year of electricity and 5.5 million therms of nat -
ural gas.
Determination of inconsistency or incompatibility 
with existing state regulations
The CEC has conducted an evaluation for any other 
regulations in this topic area and found, effective July 
1, 2014, the 2013 Building Energy Efficiency Standards 
(Energy Code) in Title 24, Part 6 of the California 
Code of Regulations began requiring the installation 
of air filters in newly constructed homes and certain 
alterations to residential HVAC systems, which were 
marked by the manufacturer to indicate particulate fil -
tration efficiency and pressure drop. Beginning July 
1, 2016, air filters sold or offered for sale in California 
must be certified to the CEC and marked by the manu -
facturer to indicate particulate filtration efficiency and 
pressure drop. These Title 20 regulations are intended 
to harmonize with, and complement, the Energy Code 
in Title 24. Therefore, the CEC has determined that 
the proposed regulations are neither inconsistent nor 
incompatible with existing state regulations.DOCUMENTS INCORPORATED  
BY REFERENCE
The CEC proposes to incorporate by reference the 
following documents:
 AHRI Standard 680 (I–P) 2017 Standard for 
Performance Rating of Residential Air Filter 
Equipment (AHRI 680–2017)
 ANSI/ASHRAE Standard 52.2–2017 Method 
of Testing General Ventilation Air–Cleaning 
Devices for Removal Efficiency by Particle Size 
(ANSI/ASHRAE 52.2–2017)
All documents are available for review at the CEC 
located at 715 P Street, Sacramento, CA, 95814 and on 
the CEC website found at https://efiling.energy.ca.gov/
Lists/DocketLog.aspx?docketnumber=20–aaer–02 .
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 the initial determination that 
the proposed regulations will not have an adverse eco -
nomic impact directly affecting business, including CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
351
the ability of California businesses to compete with 
businesses in other states.
The CEC proposes to update the testing, certifi -
cation, and marking requirements for air filters. The 
CEC has modified the existing scope for air filters 
to clarify that only air filters for ducted systems are 
covered by the regulation. The CEC also proposes 
to update the test procedures to the most recent iter -
ations of the American National Standards Institute/
American Society of Heating, Refrigerating and Air–
Conditioning Engineers Standard 52.2–2017 and 
the Air–Conditioning, Heating, and Refrigeration 
Institute Standard 680 (I–P)–2017 test methods. The 
proposed regulation allows the size of the filter used 
for testing to be chosen by the manufacturer as the 
basic model for the filter family. The certification and 
marking requirements have been updated to speci -
fy requirements based on the test procedure used for 
testing. The CEC has calculated a $0.03 incremental 
cost per filter to businesses to implement the air filter 
marking requirement.
Under the Appliance Efficiency Regulations, re -
tailers are responsible for ensuring that the regulated 
products they sell are certified to the CEC and appear 
in the MAEDbS before they are sold or offered for sale 
in California. The CEC assumes that retailers will 
experience some minimal additional cost associated 
with checking MAEDbS to ensure that the products 
they sell are certified to the CEC and appear in the 
MAEDbS and are therefore compliant and lawful to 
sell in the state.
RESULTS OF THE ECONOMIC IMPACT 
ANALYSIS/ASSESSMENT
The CEC concludes that: (1) the proposal will not 
create jobs within California, (2) the proposal will 
not eliminate jobs within California, (3) the proposal 
will not create new businesses in California, (4) the 
proposal will not eliminate existing businesses with -
in California, and (5) the proposal will not result in 
the expansion of businesses currently doing business 
within the state.
The benefit of the proposed regulations are modi -
fications to address the unclear certification require -
ments for air filters by updating the testing, certifi -
cation and marking requirements to allow manufac -
turers flexibility when conducting the required tests 
for certification. Although this regulation is not one 
which introduces an efficiency standard, it provides 
the necessary information, through database certifica -
tion and product marking, for consumers to acquire an 
efficient air filter for heating, ventilation, and air con -
ditioning (HVAC) systems.
The proposed modification to the current air filter 
standards will lead to improved efficiency of HVAC systems for California residents, as well as energy and 
energy bill savings. This energy savings translates to 
fewer power plants built and less pressure on the lim -
ited energy resources, land, and water use associated 
with energy production. In addition, lower electrici -
ty consumption results in reduced greenhouse gas 
and criteria pollutant emissions, primarily from low -
er generation in hydrocarbon–burning power plants, 
such as natural gas power plants.
The proposed regulation will not adversely 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 cost impacts that a rep -
resentative private person or business would necessar -
ily incur in reasonable compliance with the Proposed 
Action.
The CEC is proposing regulatory amendments to 
address the concerns expressed by manufacturers re -
garding the testing, certification, and marking require -
ments for air filters. The proposed updates to the regu -
lations will clarify the testing, certification, and mark -
ing requirements for air filters. The proposed regula -
tions provide consumers with information regarding 
replacement air filter pressure drop performance. This 
information allows the consumer to better match a re -
placement air filter with an HVAC system specifica -
tion to run the system efficiently and prevent equip -
ment damage.
BUSINESS REPORT
The regulations continue with a required reporting 
requirement for manufacturers of air filters.
State law (Public Resources Code Section  
25402(c)(1)) requires manufacturers to certify to the 
CEC that their appliances comply with the applica -
ble standard by certifying appliances to the CEC’s 
Modernized Appliance Efficiency Database System 
(MAEDbS) to confirm compliance with the applicable 
standards and requirements, and to collect information 
to aid in the modification of existing or the adoption 
of new standards. MAEDbS is used by manufactur -
ers and maintained by the CEC to list the appliances 
authorized to be sold or offered for sale in California. 
This is necessary to help the CEC and consumers ver -
ify compliance with applicable federal and state effi -
ciency standards and other requirements. Some retail -
ers may choose to act as a manufacturer when they 
rebrand a product and assume the certification burden 
for that model.CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 12-Z
352It 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 may affect small business. 
However, the CEC is not aware of any significant cost 
impacts that a small business would incur in reason -
able compliance with the Proposed Action.
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:
Alejandro Galdamez, P.E.  
Efficiency Division  
(916) 237–2550  
alejandro.galdamez@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 its office at the above ad -
dress. 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 
Reasons (ISOR) and any documents relied upon. 
Copies may be obtained by contacting Corrine 
Fishman above or accessed through the CEC web -
site at https://efiling.energy.ca.gov/Lists/DocketLog.
aspx?docketnumber=20–aaer–02 .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 because 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 re -
sulting 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 visiting the 
CEC website at https://efiling.energy.ca.gov/Lists/
DocketLog.aspx?docketnumber=20–aaer–02  or con -
tacting the contact person listed above.
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 pre -
pared by the CEC for this rulemaking have been post -
ed on our website at https://efiling.energy.ca.gov/Lists/
DocketLog.aspx?docketnumber=20–aaer–02 .
INSTRUCTIONS FOR RECEIVING  
NOTICES AND DOCUMENTS IN  
THIS PROCEEDING
To stay informed about this project and receive doc -
uments and notices of upcoming workshops and hear -
ings as they are filed, please subscribe to the project 
list server, which can be accessed here: https://www.
energy.ca.gov/rules–and–regulations/appliance–  
efficiency–regulations–title–20/appliance–efficiency–
proceedings–0 . The list server sends out email notifi -
cations and direct links when documents and notices 
are filed in the proceeding docket. If you are unable or 
do not wish to sign up for the list server but still would 
like to receive documents and notices, please contact 
the contact person listed in this notice.