1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2): State of California

2.

Agency responsible:

California Energy Commission (CEC), State of California [2007]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [ ], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [X], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Pool controls; Environmental protection (ICS code(s): 13.020); Fluid power systems (ICS code(s): 23.100); Other electrical accessories (ICS code(s): 29.120.99); Miscellaneous domestic and commercial equipment (ICS code(s): 97.180)

5.

Title, number of pages and language(s) of the notified document: 2023 Flexible Demand Appliance Standards for Pool Controls; (22 page(s), in English)

6.

Description of content: Notice of proposed action and public hearing scheduled for 11 April 2023 - Proposed regulatory language updating the existing regulation for flexible demand standards for pool controls. 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 (FDAS). Therefore, the CEC proposes to adopt a new Chapter 4.1, Article 1 to Title 20 in the California Code of Regulations (CCR) for flexible demand appliance standards. The proposed additions to Title 20 would adopt provisions specifically applicable to pool controls and general provisions that will apply to this and future FDAS. The proposed pool control standards will require all pool controls to have a default schedule for the operation of pool equipment and internet connectivity to enhance flexible demand capabilities. California does not currently have regulations for flexible demand appliance standards in the California Code of Regulations. The CEC has also determined that there are no existing comparable federal regulations or statutes. A public hearing for the proposed regulatory changes to the flexible demand standards for pool controls will be held on Tuesday, 11 April 2023, 10:00 a.m. (Pacific Time).

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of the environment

8.

Relevant documents:

No. 8-Z, California Regulatory Notice Register 24 February 2023 (pages 175-179): https://oal.ca.gov/wp-content/uploads/sites/166/2023/02/2023-Notice-Register-Number-8-Z-February-24-2023.pdf

Docket Number 23-FDAS-01: https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=23-FDAS-01

CEC Pool Controls Website: https://www.energy.ca.gov/proceedings/energy-commission-proceedings/flexible-demand-appliances/pool-controls

CEC will hold a public hearing for the proposed regulatory changes on Tuesday 11 April 2023, 10:00 a.m. (Pacific Time). 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.

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.

Link: https://energy.zoom.us/j/88678978298?pwd=Mkp1NW02ckJ3anR1SnNlV3k4UnJpdz09

Webinar ID: 886 7897 8298

Passcode: 401667

WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 10 April 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 10 April 2023

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2023/TBT/USA/23_2092_00_e.pdf

https://members.wto.org/crnattachments/2023/TBT/USA/23_2092_01_e.pdf

https://members.wto.org/crnattachments/2023/TBT/USA/23_2092_02_e.pdf