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AB-3111 Distributed energy resources and aggregated distributed energy resources: reporting.(2023-2024)



Current Version: 07/03/24 - Amended Senate

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AB3111:v97#DOCUMENT

Amended  IN  Senate  July 03, 2024
Amended  IN  Assembly  April 29, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3111

Introduced by Assembly Member Calderon

February 16, 2024

An act to add Section 25329 to the Public Resources Code, relating to energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 3111, as amended, Calderon. Distributed energy resources and aggregated distributed energy resources: reporting.
Existing law establishes the State Energy Resources Conservation and Development Commission (Energy Commission) with various responsibilities with respect to developing and implementing the state’s energy policies. Existing law vests the Energy Commission with the exclusive authority to certify all electrical transmission lines and thermal powerplants, and their sites, in the state, as specified.
This bill would require, as part of an application submitted for a permit to install or interconnect a distributed energy resource or an aggregated distributed energy resource, or at the time an aggregator enrolls an aggregated distributed energy resource in an aggregation program, aggregated distributed energy resource program is initiated, the applicant or aggregator to provide notice to the Energy Commission that contains specified information about the distributed energy resources or resources, aggregated distributed energy resources, or aggregation program, as provided. The bill would require the commission to share the information in those notices with the Public Utilities Commission, the Independent System Operator, and electrical corporations or local publicly owned electric utilities, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The State Energy Resources Conservation and Development Commission (Energy Commission) assesses and forecasts the state’s energy supply, production, distribution, demand, and prices. State agencies and the public then use this information to develop policies that balance the need for energy reliability with affordability, safety, and environmental goals.
(b) It is the policy of the state to reach 100 percent zero-carbon energy by 2045. To meet this goal, current studies show California will need to roughly triple its electrical capacity. California will need to build clean energy resources at a record-breaking rate for the next 20-plus years.
(c) California’s energy agencies forecast more than 28 gigawatts of customer-sited solar energy systems will be built by 2045, which will often be paired with battery energy storage. According to the Energy Commission, the capacity of customer-sited battery energy storage is expected to grow substantially by 2030.
(d) Large distributed energy resources and aggregated distributed energy resources are proliferating throughout the state. While these resources can help facilitate California’s transition to 100 percent clean energy, support demand flexibility, which eases strain on the electrical grid, and increase customers’ energy resilience, their development must be done in a transparent way to ensure public and worker safety, grid reliability, and effective planning. Therefore, the state should monitor the location and size of these resources and the compliance of these resources with certain requirements related to safety and reliability.

SEC. 2.

 Section 25329 is added to the Public Resources Code, to read:

25329.
 (a) As part of an application submitted for a permit to install or interconnect distributed energy resources or aggregated distributed energy resources, whichever comes first, the applicant shall provide notice to the commission, in a portable document an electronic format, as determined by the commission, that contains all of the following information:
(1) The name of applicant.
(2) The location or locations of the distributed energy resources or aggregated distributed energy resources.
(3) A list of the distributed energy resources or aggregated distributed energy resources.
(4) The generating capacity of the distributed energy resources or aggregated distributed energy resources.
(5) The storage capacity of the distributed energy resources or aggregated distributed energy resources.
(6) Whether the distributed energy resources or aggregated distributed energy resources have, or will have, contracts for the purchase of electricity produced by the distributed energy resources or aggregated distributed energy resources.
(7) Whether the distributed energy resources or aggregated distributed energy resources have, or will have, contracts for the purchase of resource adequacy produced by the distributed energy resources or aggregated distributed energy resources.
(b) At the time an aggregator enrolls aggregated distributed energy resources in an aggregation program, aggregated distributed energy resource program is initiated, the aggregator shall provide notice about the aggregation program to the commission, in a portable document an electronic format, as determined by the commission, that contains all of the following information:
(1) The name of aggregator.
(2) The location or locations of the aggregated distributed energy resources. resources enrolled in the aggregation program.
(3) A list of aggregated distributed energy resources being aggregated.
(4) The generating capacity of the aggregated distributed energy resources.
(5) The storage capacity of the aggregated distributed energy resources.
(6) Whether the aggregator has, or will have, contracts for the purchase of electricity produced by the aggregated distributed energy resources.
(7) Whether the aggregator has, or will have, contracts for the purchase of resource adequacy produced by the aggregated distributed energy resources.
(c) (1) The commission shall share information in the notices required pursuant to subdivisions (a) and (b) with the Public Utilities Commission, the Independent System Operator, and electrical corporations or local publicly owned electric utilities.
(2) The notices required pursuant to subdivisions (a) and (b) filed by residential customers or smaller business firms, as defined in Section 28047.1 of the Corporations Code, shall not be publicly available.
(3) Except as provided in paragraph (2), and unless prohibited by law, information in the notices that is a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) is not exempt from disclosure and shall be made available to the public in an electronic format pursuant to Article 3 (commencing with Section 7922.570) of Chapter 1 of Part 3 of Division 10 of Title 1 of the Government Code.
(4) Any information collected or shared by the commission pursuant to this section shall be collected or shared in compliance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).
(5) Information in the notices that provides personal information, aggregate manufacturer-specific sales data, or trade secrets is confidential, not a public record, and shall not be disclosed to the public pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d) For purposes of this section, the following definitions apply:
(1) “Aggregated distributed energy resource” means distributed energy resources that may be controlled to act as a coordinated unit and, when combined, have a generating capacity above 100 kilowatts or a storage capacity above 80 kilowatthours.
(2) “Distributed energy resource” means a customer-sited solar energy system with a generating capacity above 100 kilowatts, or a customer-sited battery energy storage system with a storage capacity above 80 kilowatthours.