If your pump can be repaired then you are not required to replace it. If it cannot be repaired then YES you have to replace it with a new variable speed pump.
The Arizona Legislature recently passed Title 44 and included it into the Appliance and Equipment Energy-Efficiency Standards of the Arizona Revised Statutes. Within Title 44 are new efficiency standards for residential pool pumps, pool pump motors and portable electric spas, which went into effect on January 1, 2012.
What does this mean for pool owners? While it does not affect any pump currently installed on an in-ground residential pool, any newly installed pumps that are one horsepower or greater will be required to meet the new energy-efficiency standards. Dual-speed pumps will be the minimum efficiency for pool pump installations, and inefficient single-speed pumps will no longer be allowed.
For the greatest efficiency and best performance, we recommend pool owners consider upgrading to a variable-speed pool pump. These pumps operate more quietly, help keep pools cleaner and give pool owners greater flexibility, all while using up to 80% less energy than a single-speed pump. And while a new variable-speed pump may have a slightly higher cost than a dual-speed pump, with a $150 rebate from your utility company — plus energy savings of up to $400 per year — the payback time is usually less than two years.
While some critics of the new regulation complain that it will require consumers to purchase pricey upgrades in what is already a tight economy – at $1,200 to $1,400 – pool owners should recoup the cost within three years with the amount of money saved on yearly electricity bills.