Bill Text: CA AB3111 | 2023-2024 | Regular Session | Amended


Bill Title: Distributed energy resources and aggregated distributed energy resources: reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-30 - Re-referred to Com. on APPR. [AB3111 Detail]

Download: California-2023-AB3111-Amended.html

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, the applicant or aggregator to provide notice to the Energy Commission that contains specified information about the distributed energy resources or aggregated distributed energy resources, as provided, including, among other things, an attestation under penalty of perjury that any corporation or person owning, controlling, operating, or managing any electric plant, as defined, is an electrical corporation. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require the commission to post the notices received pursuant to these provisions on its internet website with a publicly accessible link within 5 days of receipt. 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.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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 make available to the public and state agencies 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, the applicant shall provide notice to the commission, in a portable document format, 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.

(8)An attestation, under penalty of perjury, that a corporation or person owning, controlling, operating, or managing an electric plant, as defined in Section 217 of the Public Utilities Code, is an electrical corporation, as defined in Section 218 of the Public Utilities Code.

(b) At the time an aggregator enrolls aggregated distributed energy resources in an aggregation program, the aggregator shall provide notice to the commission, in a portable document format, that contains all of the following information:
(1) The name of aggregator.
(2) The location or locations of the aggregated distributed energy resources.
(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.

(8)An attestation, under penalty of perjury, that any corporation or person owning, controlling, operating, or managing any electric plant, as defined in Section 217 of the Public Utilities Code, is an electrical corporation, as defined in Section 218 of the Public Utilities Code.

(c) (1) The commission shall post share information in the notices required pursuant to subdivisions (a) and (b) on its internet website with a publicly accessible link within five days of receipt. 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, alone or 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.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

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