DOCKETED  
Docket Number:  22-AAER -02 
Project Title:  Repeal of Portable Luminaires  
TN #:  249046  
Document Title:  Repeal of Portable Luminaire Regulations  
Description:  ***THIS DOCUMENT SUPERSEDES TN 249010*** - 
Resolution No: 23 -0228 -03b 
Filer:  Liza Lopez  
Organization:  California Energy Commission  
Submitter Role:  Commission Staff   
Submission Date:  3/6/2023 11:05:08 AM  
Docketed Date:  3/6/2023  
 RESOLUTION NO: 23-0228 -3b 
DOCKET NO. 22 -AAER -02 
STATE OF CALIFORNIA 
STATE ENERGY RESOURCES  
CONSERVATION AND DEVELOPMENT COMMISSION 
RESOLUTION: REPEAL OF PORTABLE LUMINAIRE REGULATIONS 
WHEREAS , on November 10 , 2022 , the State Energy Resources Conservation and 
Developmen t Commission (“California Energy Commission” o r CEC) mailed and posted 
on the CEC’s website a Notice o f Proposed Action (NOPA ) formally notifying the public 
of the CEC ’s inten t to adop t proposed regulations fo r the Repeal o f Portable Luminaires , 
the Express Terms o f the proposed regulations , an Initial Statement o f Reasons (ISOR) 
describing the rationale for the proposa l, and the fiscal and economic impac t analysis ; 
and  
WHEREAS , on November 11, 2022 , the NOPA was published in the California 
Regulatory Notice Register , delivered to the Secretary of the California Natural 
Resources Agency ; and 
WHEREAS , each of the above -referenced documents and notices was provided to 
every person on the CEC’s Rulemaking and Appliance s subscription list s, and to every 
person who had requested notice of such matters, and was posted to the CEC’s 
website; and   
WHEREAS , on November 28, 2022, updated  versions of the  NOPA, ISOR, Express 
Terms, and the fiscal and economic impact analysis were published ; and  
WHER EAS, on January 17, 2023 , the 45-day written comm ent period established by 
the updated NOPA closed; and  
WHEREAS , on January 18, 2023 , the CEC  held a public hearing , as noticed in the 
updated NOPA,  to receive comm ents on the proposed regulation  amendments ; and  
WHEREAS , on January 19, 2023 , the CEC issued a Notice of New Adoption  Hearing  
Date, rescheduling the date on which the CEC w ould consider adoption of the 
regulation amendments  to February 28, 2023 . 
THEREFORE, THE CALIFORNIA ENERGY COMMISSION FINDS:  
With regard to the California Environmental Quality Act  (CEQA) :   
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• The CEC has considered the application of CEQA to the proposed regulations  
and concluded that the proposed regulations  are exempt from CEQA under the 
common sense exemption (Cal ifornia  Code Reg ulation s (CCR) , title 14, section  
15061(b)(3)) because it can b e seen with certainty that there is no possibility that 
the proposed amendments will have a significant effect on the environment; and  
 
With regard to the Warren -Alquist Act:   
 
• The proposed amendments will, by ensuring the standards are clear and up -to-
date, guarantee that the appliance efficiency regulations continue to reduce the 
wasteful, uneconomic, inefficient, and unnecessary consumption of energy for 
appliances that require a significant amount of en ergy or water on a statewide 
basis; and   
 
• The proposed regulations are feasible and attainable; and  
 
• The proposed regulations do not result in any added total costs to the consumer 
over the designed life of the appliances concerned; and   
 
With regard to the Administrative Procedure Act:   
 
• The proposed regulations  will not result in the creat ion of  new businesses  or 
eliminat ion of  existing businesses, will not  result in the expansion of businesses 
currently doing business in California , and will not  result in a significant statewide 
adverse economic impact directly affecting business, including the ability of 
California businesses to compete with businesses in other states; and   
  
• The proposed regulations  will impose no direct costs  or savings , or direct or 
indirect requirements or mandates, on state agencies, local agencies, or school 
districts , including but not limited to costs that are required to be reimbursed 
under Part 7 (commencing with section 17500) of Division 4 of the Government 
Code, when savings accruing over the lifetime of the appliance is considered ; 
and  
 
• The proposed regulations are will not result in the creation or elimination of jobs 
within California; and   
 
• The proposed regulations  will result in  no costs or savings in federal funding to 
the State of California; and   
 
• The proposed regulations  will result in no nondiscretionary costs or savings to 
local agencies or school districts; and   
 
• The proposed regulations  will have no impact on housing costs; and  
  
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 • The p roposed regulations  will result in no cost impacts to  representative private 
persons or businesses in reasonable compliance with the regulations ; and   
 
• The proposed regulations  will not adversely  impact the health and welfare of 
California residents, worker safety, or the state’s environment ; and   
 
• The proposed  regulations  have no alternatives that would be more effective in 
carrying out the purposes of the statutes for which it is proposed , that would be 
as effective and less burdensome to affected private persons in carrying out 
those purposes, or that would be more cost -effective to affected private persons 
and equally effective in implementing those purposes; and   
 
• The proposed regulations  will not have a significant adverse economic impact on 
small business and no alternatives were proposed that would lessen any adverse 
economic impact on small business; and   
 
• The proposed regulations  will not require completion of any new repor t; and   
 
• None of the  comments  received during the comment period , public hearing,  or at 
the public adoption hearing, and nothing else in the record , justified any changes 
to the proposed regulations  as published on November 28, 2022.  
 
THEREFORE BE IT RESOLVED , that, on the basis of the entire record before it, the 
CEC finds that the proposed regulations are exempt from CEQA under the common 
sense exemption (( CCR , title 14, section  15061(b)(3)) because it can be seen with 
certainty that there is no possibility that the proposed regulations will have a significant 
effect on the environment ; and  
 
FURTHER BE IT RESOLVED , after considering all comments received and the staff’s 
responses , and based on the entire record of this proceeding, the CEC  hereby adopts 
its Repeal of Portable Luminaires  regulations, as set forth in the updated express terms 
that were published on November 28, 2022 . 
  
The CEC  takes this action under the authority of  section s 25213 and 25218(e)  of the 
Public Resources Code , which authorize s the CEC  to adopt rules or regulations, as 
reasonable and necessary, to implement  Public Resources Code sections 25218(e) and 
25402 ; and  
 
FURTHER BE IT RESOLVED , that documents and other materials that constitute the 
rulemaking record can be found at the CEC, 715 P Street , Sacramento, California, 
95814 in the custody of the Docket Unit  and online  at Docket  Number 22 -AAER -02, 
https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22 -AAER -02; and  
 
FURTHER BE IT RESOLVED , the CEC  delegates the authority and directs CEC  staff to 
take, on behalf of the CEC , all actions reasonably necessary to have the proposed 
regulations  go into effect, including but not limited to making any appropriate non -4 substantive changes to the regulations; preparing all appropriate documents, such as 
the Final Statement of Reasons; compiling and submitting the rulemaking file to the 
Office of Administrative Law (OAL); making any changes to the rulemaking file required 
by OAL; and preparing and fi ling the Not ice of Exemption  with the State Clearinghouse ; 
and 
CERTIFICATION  
The undersigned Secretariat to the CEC  does hereby certify that the foregoing is a full, 
true, and correct copy of a resolution  duly and regularly adopted at a meeting of the 
CEC  held on February 28, 2023 .  
AYE: Hochschild, Gallardo, Gunda, McAllister, Monahan  
NAY: NONE  
ABSENT: NONE  
ABSTAIN:  NONE  
Dated: March 1, 2023 
SIGNED BY: 
Liza Lopez  
Secretariat  