CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
558to the address mentioned above. Upon request, a copy 
of the express terms of the proposed action and a 
copy of the initial statement of reasons will be made 
available. This information is also available on the 
Commission’s website at www.ctc.ca.gov . In addition, 
all the information on which this proposal is based is 
available for inspection and copying.
AVAILABILITY OF THE  
RULEMAKING FILE
The entire rulemaking file is available for inspection 
and copying throughout the rulemaking process at the 
Commission office at the above address. As of the date 
this notice is published in the Notice of Register, the 
rulemaking file consists of the Notice of Proposed 
Rulemaking, the proposed text of regulations, the 
Initial Statement of Reasons, and an economic impact 
assessment/analysis contained in the Initial Statement 
of Reasons. Copies may be obtained by contacting 
Joshua Speaks at the address or telephone number 
provided above.
MODIFICATION OF PROPOSED ACTION
If the Commission proposes to modify the actions 
hereby proposed, the modifications (other than non–
substantial or solely grammatical modifications) will 
be made available for public comment for at least 15 
days before they are adopted.
AVAILABILITY OF FINAL  
STATEMENT OF REASONS
The Final Statement of Reasons is submitted to 
the Office of Administrative Law as part of the final 
rulemaking package, after the public hearing. Upon its 
completion, copies of the Final Statement of Reasons 
may be obtained by contacting Joshua Speaks via 
email at jspeaks@ctc.ca.gov .
A V AILABILITY OF  
DOCUMENTS ON THE INTERNET
Copies of the Notice of Proposed Rulemaking, 
the Initial Statement of Reasons, and the text of the 
regulations can be accessed through the Commission’s 
website at https://www.ctc.ca.gov/commission/notices/
rulemaking .TITLE 20.  ENERGY COMMISSION
DIVISION 2. STATE ENERGY RESOURCES 
CONSERVATION AND  
DEVELOPMENT COMMISSION  
CHAPTER 4.  ENERGY CONSERVATION  
ARTICLE 4. APPLIANCE  
EFFICIENCY REGULATIONS  
DOCKET NUMBER 20–AAER–04
INTRODUCTION
The California Energy Commission (CEC) proposes 
to amend the regulations for portable electric spas in 
the Appliance Efficiency Regulations after considering 
all comments, objections, and recommendations 
regarding the proposed action.
PUBLIC HEARING
The CEC staff will hold a public hearing for the 
proposed regulations at the date and time listed below. 
Interested persons, or their authorized representative, 
may present oral and written statements, arguments, 
or contentions relevant to the proposed regulations at 
the public hearing. The record for this hearing will be 
kept open until every person has had an opportunity 
to provide comment.
Tuesday June 29, 2021  
10:00 a.m. (Pacific Time)
The public hearing will be held remotely, consistent 
with Executive Orders N–25–20 and N–29–20 and the 
recommendations from the California Department 
of Public Health to encourage physical distancing to 
slow the spread of COVID–19. Instructions for remote 
participation are below.
REMOTE ATTENDANCE
The public hearing may be accessed by clicking 
the Zoom link below or visiting Zoom at https://join.
zoom.us  and entering the ID and password for the 
workshop listed below. If you experience difficulties 
joining, you may contact Zoom at (888) 799–9666 ext. 
2, or the Public Advisor’s Office at publicadvisor@
energy.ca.gov  or (800) 822–6228.
Zoom Link: https://energy.zoom.us/j/9492668553
2?pwd=SkpNRTBXV2JEd1ZDTkM4RHpRZmtR
QT09  
Webinar ID: 949 2668 5532  
Password: 787757
To participate by telephone dial (213) 338–8477 or 
1–888–475–4499 (toll free). When prompted, enter the CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
559
Webinar ID and password listed above. To comment 
or ask a question over the telephone, dial *9 to “raise 
your hand” and *6 to mute/unmute your phone line.
PUBLIC ADVISOR
The CEC’s Public Advisor’s Office provides the 
public assistance in participating in CEC proceedings. 
For information on participation or to request 
interpreting services or reasonable accommodations, 
reach out via email at publicadvisor@energy.ca.gov , 
by phone at (916) 654–4489, or toll free at (800) 
822–6228. Requests for interpreting services and 
reasonable accommodations should be made at least 
five days in advance. The CEC will work diligently to 
accommodate all requests.
Zoom: If you experience difficulties with the Zoom 
platform, please contact the Public Advisor’s office via 
email or phone.
NEWS MEDIA INQUIRIES
Direct media inquiries to the Media and Public 
Communications Office to (916) 654–4989 or 
mediaoffice@energy.ca.gov .
WRITTEN COMMENT PERIOD
Any interested person, or their authorized 
representative, may submit written statements, 
arguments, or contentions to the CEC for consideration 
on or prior to June 28, 2021. The CEC appreciates 
receiving written comments as soon as possible.
Written and oral comments, attachments, and 
associated contact information (including address, 
phone number, and email address) will become part 
of the public record of this proceeding with access 
available via any internet search engine.
The CEC encourages use of its electronic 
commenting system. Visit the e–commenting page 
at https://www.energy.ca.gov/proceedings/energy–
commission–proceedings/portable–electric–spas , 
which links to the comment page for this docket. 
Enter your contact information and a comment title 
describing the subject of your comment(s). Comments 
may be included in the “Comment Text” box or attached 
as a downloadable, searchable document consistent 
with Title 20 California Code of Regulations Section 
1208.1. The maximum files size allowed is 10 MB.
Written comments may also be submitted by email. 
Include docket number 20–AAER–04 in the subject 
line and email to docket@energy.ca.gov .
A paper copy may be sent to:California Energy Commission  
Docket Unit, MS–4  
RE: Docket Number 20–AAER–04  
1516 9th Street, MS–4  
Sacramento, CA 95814
STATUTORY AUTHORITY AND REFERENCE
Public Resources Code Sections 25213, 25218(e), 
and 25402(c) authorize the CEC to adopt rules 
or regulations, as necessary, to implement Public 
Resources Code Section 25402(c).
INFORMATIVE DIGEST/POLICY 
STATEMENT OVERVIEW
The Warren–Alquist Act establishes the CEC as 
California’s primary energy policy and planning 
agency. Sections 25213, 25218(e), and 25402(c) of the 
Public Resources Code mandate and/or authorize that 
the CEC adopt rules and regulations, as necessary, to 
reduce the inefficient consumption of energy and water 
by prescribing efficiency standards and other cost–
effective measures for appliances whose use requires a 
significant amount of energy or water statewide.
One of the ways the CEC satisfies this requirement 
is through the Appliance Efficiency Regulations, Title 
20, Sections 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 appliances 
approved to be sold or offered for sale within California.
On April 11, 2018, CEC adopted changes to the 
Appliance Efficiency Regulations amending the 
existing regulations for portable electric spas. The test 
procedure and label design requirements were derived 
from ANSI/APSP/ICC–14 (APSP–14), American 
National Standard for Portable Electric Spa Energy 
Efficiency, Version 2014.
On November 19, 2019, the American National 
Standard Institute (ANSI) approved and published 
the revised standard APSP–14, Version 2019. The test 
procedure is an update to the APSP–14, Version 2014. 
The revised APSP–14, Version 2019, aligns with all of 
California’s efficiency standards, label requirements, 
and test procedure requirements for portable electric 
spas adopted in 2018. Other changes adopted in 
APSP–14, Version 2019, include modifications to 
simplify test lab qualification and label application 
clarifications.CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
560Therefore, the CEC is proposing to update the 
Appliance Efficiency Regulations to incorporate the 
test procedure reference and update the labeling design 
requirements for portable electric spas. The scope of 
coverage will remain the same and continue to cover 
all types of portable electric spas, such as standard 
spas, exercise/swim spas, combination spas, and 
inflatable/collapsible spas. The existing performance 
standards will not be affected. The proposal also 
includes editorial changes to simplify the structure 
of existing regulations for portable electric spas. The 
proposal CEC is recommending makes the regulations 
consistent with the recent update to the industry 
standard for determining the efficiency of portable 
electric spas, APSP–14, Version 2019.
To minimize the inconsistency between the 
regulations and the current industry standard, the 
regulations are proposed to be effective upon filing 
with the Secretary of State.
Public Resources Code section 25402(c)(1)(A) 
establishes a 1–year delay in the effectiveness of new 
or modified appliance efficiency standards adopted 
by the CEC. The 1–year delay was adopted for 
the purpose of providing appliance manufacturers 
sufficient lead time to produce new appliances that 
comply with newly adopted efficiency standards. 
This delay, however, does not encompass an entire 
appliance efficiency rulemaking proceeding and only 
applies to specific provisions within a rulemaking 
that purport to establish a new efficiency standard 
or modify an existing one. The CEC’s Appliance 
Efficiency Regulations do much more than establish 
standards; they specify how appliances are tested, 
what information must be reported to the CEC, how 
products are labeled, and how program requirements 
will be enforced, among other things. The delay 
established in section 25402(c)(1)(A) does not apply 
where these other aspects of efficiency regulations are 
being added, modified, or repealed.
This rulemaking proceeding does not involve a new 
or modified efficiency standard. The only changes 
being proposed involve updating the test procedure 
reference and making the labeling design requirements 
consistent with the latest industry standards, neither 
of which require appliance manufacturers to produce 
new energy efficient appliances. The proposed 
changes are not the kinds of changes contemplated 
by the 1–year delay provision. Therefore, the 1–year 
delay provision in 25402(c)(1)(A) does not apply to the 
proposed changes in this rulemaking.
Difference from existing comparable Federal 
regulation or statute
The CEC has determined that there are no existing 
comparable Federal regulations or statutes.Broad objectives of the regulations and the specific 
benefits anticipated by the proposed amendments
The broad objectives of this proposed action are 
improved clarity and reduced confusion by updating 
the Appliance Efficiency Regulations related to 
portable electric spas to be consistent with the current 
industry standard.
The specific benefit of the proposed action will be 
an update to the industry standard for determining 
the efficiency of portable electric spas, APSP–14, 
Version 2019. This includes updates to the labeling 
requirements and test lab qualification requirements. 
The existing efficiency standards and the scope of 
coverage for portable electric spas will not be affected. 
Therefore, statewide energy use and savings and 
related environmental impacts and benefits will not be 
affected.
Determination of inconsistency or incompatibility 
with existing state regulations
The CEC has conducted an evaluation for any other 
regulations in this area and has concluded that these 
are the only regulations concerning test procedures 
and labeling requirements for portable electric spas. 
Therefore, the proposed regulations are neither 
inconsistent nor incompatible with any other existing 
state regulations.
DOCUMENTS INCORPORATED  
BY REFERENCE
The CEC proposes to incorporate the following 
document by reference:
ANSI/APSP/ICC–14 2019  
 American National Standard for Portable  
 Electric Spa Energy Efficiency
All the documents are available for review 
at the CEC located at 1516 Ninth Street, 
Sacramento, California 95814 or, on the CEC’s 
website found at https://www.energy.ca.gov/
proceedings/energy–commission–proceedings/
portable–electric–spas .
MANDATED BY FEDERAL  
LAW OR REGULATIONS
None.
OTHER STATUTORY REQUIREMENTS
None.
FISCAL IMPACTS
The CEC has made the following initial 
determinations:CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
561
● 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 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 are unlikely to have a statewide 
adverse economic impact directly affecting business, 
including the ability of California businesses to 
compete with businesses in other states.
The CEC is proposing to update the test procedure 
reference and update the labeling design requirements 
for portable electric spas. The proposal CEC is 
recommending is derived from a recent update to the 
industry standard for determining the efficiency of 
portable electric spas, APSP–14, Version 2019. The 
scope of coverage will remain the same and continue 
to cover all types of portable electric spas. The 
existing performance standards will not be affected, 
and the statewide energy use and savings, and related 
environmental impacts and benefits, are not expected 
to be affected.
The CEC estimates that 1,000 retailers, installers, 
manufacturers, and wholesalers that manufacture, 
install, or sell portable electric spas may be impacted 
by the proposed regulations. There are approximately 
50 manufacturers and private brand packagers of 
portable electric spas selling within California, and 
the remaining share of businesses are retailers or 
wholesalers of portable electric spas. This estimate 
is based on the CECs MAEDbS, which yields the 
number of manufacturers, and its estimate of the 
number of businesses in California that sell portable 
electric spas to consumers. Staff estimates that of the 
businesses impacted, approximately 10 percent are 
small businesses. Small businesses in the portable 
electric spa industry include retailers, some small 
manufacturers, or private brand packagers.The CEC assumed there were no or negligible costs 
associated with updating the test procedure reference 
and the labeling design requirements; for these reasons 
staff does not expect any businesses, including small 
businesses, to be impacted by the proposed regulations 
for portable electric spas.
RESULTS OF THE ECONOMIC IMPACT 
ANALYSIS/ASSESSMENT
The CEC concludes that: (1) it is unlikely the proposal 
will create jobs within California, (2) it is unlikely the 
proposal will eliminate jobs within California, (3) it 
is unlikely the proposal will create new businesses in 
California, (4) it is unlikely the proposal will eliminate 
existing businesses within California, and (5) it is 
unlikely the proposal will result in the expansion of 
businesses currently doing business within the state.
The benefits of this proposed action are to provide 
updates to the Appliance Efficiency Regulations related 
to portable electric spas. Existing efficiency standards 
and the scope of coverage for portable electric spas 
will not be affected. Therefore, statewide energy use 
and savings, and related environmental impacts and 
benefits, are not expected to be affected.
The proposed regulation will not affect the health 
and welfare of California residents, worker safety, or 
the state’s environment.
COST IMPACTS ON REPRESENTATIVE 
PERSON OR BUSINESS
The CEC is not aware of any significant cost impacts 
that a representative private person or business would 
necessarily incur in reasonable compliance with the 
proposed action.
The CEC is proposing to update the test procedure 
reference and update the labeling design requirements 
for portable electric spas. The proposal CEC is 
recommending is derived from a recent update to the 
industry standard for determining the efficiency of 
portable electric spas, APSP–14, Version 2019. The 
scope of coverage will remain the same and continue 
to cover all types of portable electric spas. The 
existing performance standards will not be affected, 
and the statewide energy use and savings, and related 
environmental impacts and benefits, are not expected 
be affected.
The CEC estimates that 1,000 retailers, installers, 
manufacturers, and wholesalers that manufacture, 
install, or sell portable electric spas may be impacted 
by the proposed regulations. There are approximately 
50 manufacturers and private brand packagers of 
portable electric spas selling within California, and 
the remaining share of businesses are retailers or 
wholesalers of portable electric spas. This estimate CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
562is based on the CEC’s MAEDbS, which yields the 
number of manufacturers, and its estimate of the 
number of businesses in California that sell portable 
electric spas to consumers. Staff estimates that of the 
businesses impacted, approximately 10 percent are 
small businesses. Small businesses in the portable 
electric spa industry include retailers, some small 
manufacturers, or private brand packagers.
The CEC assumed there were no or negligible costs 
associated with updating the test procedure reference 
and the labeling design requirements; for these reasons 
staff does not expect any businesses, including small 
businesses, to be impacted by the proposed regulations 
for portable electric spas.
BUSINESS REPORT
There are no proposed additions to the current 
reporting requirements.
SMALL BUSINESS
The proposed regulations may affect small business. 
However, the CEC has determined any cost impacts to 
be negligible.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code Section 
11346.5, subdivision (a)(13), the CEC must determine 
that no reasonable alternative considered by the agency, 
or that has otherwise been identified and brought to 
the attention of the agency, would be more effective 
in carrying out the purpose for which the action is 
proposed; would be as effective and less burdensome 
to affected private persons than the proposed action; 
or would be more cost–effective to affected private 
persons and equally effective in implementing the 
statutory policy or other provision of law.
The CEC invites interested persons to present 
statements or arguments concerning alternatives to 
the proposed regulations at the scheduled hearing or 
during the written comment period.
CONTACT PERSON
General questions regarding procedural and 
administrative issues should be addressed to:
Corrine Fishman  
Regulations Manager, Efficiency Division  
California Energy Commission 1516 9th Street  
Sacramento, CA 95814  
(916) 654–4287  
corrine.fishman@energy.ca.govIf Corrine Fishman is unavailable, you may con -
tact Jessica Lopez at (916) 903-4165. Jessica.lopez@  
energy.ca.gov .
COPIES OF THE INITIAL STATEMENT OF 
REASONS, THE EXPRESS TERMS, AND 
RULEMAKING FILE
The CEC will have the entire rulemaking file available 
for inspection and copying throughout the rulemaking 
process at the above address. As of the date this notice 
is published in the Notice Register, the rulemaking file 
consists of this notice, the express terms, the Economic 
and Fiscal Impacts (STD. 399) and the ISOR. Copies 
may be obtained by contacting Corrine Fishman at 
the email or phone number above or accessed through 
the CEC’s website at https://www.energy.ca.gov/
proceedings/energy–commission–proceedings/
portable–electric–spas .
AVAILABILITY OF SUBSTANTIAL  
CHANGES TO ORIGINAL PROPOSAL FOR 
AT LEAST 15 DAYS PRIOR TO AGENCY 
ADOPTION/REPEAL/AMENDMENT OF 
RESULTING REGULATIONS
Participants should be aware that any of the 
proposed regulations could be substantively changed 
as a result of public comment, staff recommendation, 
or recommendations from commissioners. Moreover, 
changes to the proposed regulations not indicated in 
the express terms could be considered if they improve 
the clarity or effectiveness of the regulations. If the 
CEC considers changes to the 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 visiting the CEC’s 
website at https://www.energy.ca.gov/proceedings/
energy–commission–proceedings/portable–electric–
spas or contacting the contact person above.
A V AILABILITY 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 CALIFORNIA REGULATORY NOTICE REGISTER 2021, VOLUME NUMBER 20-Z
563
prepared by the CEC for this rulemaking have 
been posted at https://www.energy.ca.gov/
proceedings/energy–commission–proceedings/
portable–electric–spas .
 
GENERAL PUBLIC INTEREST
DEPARTMENT OF FISH AND 
WILDLIFE
CESA CONSISTENCY DETERMINATION 
REQUEST FOR  
Dos Osos Reservoir Replacement Project  
2080–2021–004–03  
Contra Costa County
The California Department of Fish and Wildlife 
(CDFW) received a notice on April 27, 2021 that 
the East Bay Municipal Utility District (EBMUD) 
proposes to rely on a federal permit to carry out a 
project that may adversely affect a species protected by 
the California Endangered Species Act (CESA). The 
proposed project involves demolishing the existing 
reservoir and replacing it with two new 120,000–gallon 
steel–bolted reservoirs on nearby EBMUD–owned 
watershed property, approximately 70 feet higher 
in elevation and 300 feet southwest of the existing 
reservoir site. Proposed activities will include, but 
are not limited to, construction of new reservoirs, an 
access road pipelines, and earthen berms; pruning or 
removal of vegetation; installation of security fencing; 
demolition of the existing reservoir; revegetation and 
restoration of the site; and potential slope stabilization. 
The proposed project will occur at the Dos Osos 
Reservoir, located at 8 Los Norrabos in the City of 
Orinda, Contra Costa County, California.
EBMUD prepared a Habitat Conservation Plan 
(HCP) which considered the effects of the proposed 
project on state and federally endangered Alameda 
whipsnake ( Masticophis lateralis euryxanthus ). The 
U.S. Fish and Wildlife Service (Service) issued a 
federal incidental take permit (ITP) (Permit Number 
ESPER0004040) to EBMUD on March 19, 2021.
Pursuant to California Fish and Game Code section 
2080.1, EBMUD is requesting a determination 
that the ITP and its associated HCP are consistent 
with CESA for purposes of the proposed project. If 
CDFW determines the ITP and its associated HCP 
are consistent with CESA for the proposed project, 
EBMUD will not be required to obtain an incidental 
take permit under Fish and Game Code section 2081 
subdivision (b) for the proposed project.FISH AND GAME COMMISSION
NOTICE OF FINAL CONSIDERATION  
OF PETITIONS
NOTICE IS HEREBY GIVEN pursuant to the 
provisions of Fish and Game Code Section 2078, 
that the California Fish and Game Commission 
(Commission), has scheduled final consideration of 
petitions to list Clara Hunt’s milkvetch ( Astragalus 
claranus ), Northern California summer steelhead 
(Oncorhynchus mykiss ) and Upper Klamath–Trinity 
River spring Chinook salmon ( Oncorhynchus 
tshawytscha ) as threatened or endangered species 
for its June 16–17, 2021 meeting. Consideration of 
the petitions will be heard June 16, 2021 via webinar/
teleconference.
The agenda of the June 16–17, 2021 meeting, and 
the agendas and video archive of previous meetings 
where actions were taken on Clara Hunt’s milkvetch, 
northern California summer steelhead, and Upper 
Klamath–Trinity River spring Chinook salmon are 
available online at http://www.fgc.ca.gov/meetings/.
Pursuant to the provisions of Fish and Game Code, 
sections 2075 and 2075.5, the Commission will 
consider the petitions and all other information in the 
records before the Commission to determine whether 
listing Clara Hunt’s milkvetch, northern California 
summer steelhead, and Upper Klamath–Trinity River 
spring Chinook salmon as threatened or endangered 
species is warranted.
The petitions, the California Department of Fish and 
Wildlife’s evaluation reports, and other information in 
the records before the Commission are posted on the 
Commission website at https://fgc.ca.gov/CESA .
ENVIRONMENTAL PROTECTION 
AGENCY
30–DAY PUBLIC NOTICE AND  
COMMENT PERIOD  
UNIFIED PROGRAM STATE  
SURCHARGE INCREASE
Notice is hereby given  that the Secretary for 
the California Environmental Protection Agency 
(CalEPA) proposes to adjust the Unified Program 
state surcharge according to the California Health 
and Safety Code, Division 20, Chapter 6.11, section 
25404.5(b), and the California Code of Regulations, 
Title 27, Division 1, Subdivision 4, Chapter 1, Section 
15240.
The Unified Program state surcharge is an 
assessment on each entity regulated under the Unified