729.3.
(a) (1) If the commission approves a large electrical corporation’s request to upgrade its smart meter infrastructure relative to infrastructure in place on January 1, 2026, the commission shall require the large electrical corporation to offer
all its customers eligible customer segments at least one dynamic rate option no later than
one year 18 months after the upgraded smart meter infrastructure is anticipated to be placed into service.
If the commission later finds the dynamic rate option does not provide the expected benefits and does not further the policy goals specified in Section 8360, the commission may discontinue the dynamic rate option.(2) The dynamic rate option, at a minimum, shall include all of the following components:
(A) A time-varying distribution rate that reflects dynamic distribution grid constraints in the distribution service area, if determined by the commission to be feasible, cost effective, and equitable for all customers.
(B) A time-varying generation rate for bundled customers that reflects day-ahead hourly wholesale market conditions.
(C) Nonbypassable charges.
(b) The commission shall consult with the Federal Energy Regulatory Commission to ensure implementation of a dynamic rate option is consistent with the Federal Energy Regulatory Commission’s transmission ratemaking authority.
(c) In reviewing a request of a large electrical corporation to recover costs associated with upgrading its smart meter infrastructure, the commission shall ensure all of the following conditions are met:
(1) If the smart meter technology includes wireless communications with near real-time data transmission functionality, the large electrical corporation shall provide to a customer the customer’s own near real-time energy usage data directly from the smart meter to a standards-compliant device or service selected by the customer at no additional charge to either the customer or the customer. The commission may determine whether charges apply to the qualified third-party provider of that device or service.
(2) The large electrical corporation shall provide accurate and timely customer usage data to a customer’s load-serving entity if authorized by the customer or as consistent with commission rules established pursuant to Section 366.2. The large electrical corporation shall provide the usage data to the load-serving entity on a timeline that is comparable to the timeline by which the large electrical corporation processes the data for billing and operational purposes and no later than 24 hours after meter measurement.
(3) (A) The large electrical corporation shall provide to each customer access to the customer’s energy usage data through a method that is secure, automated, and provides data in a standardized machine-readable format. The large electrical corporation shall also allow the customer to authorize a qualified third-party service provider to access the data on behalf of the customer for the purpose of managing the customer’s onsite energy demand.
(B) The commission shall establish rules, consistent with the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code) and its implementing regulations, for the customer data management pursuant to this paragraph to ensure fairness and nondiscrimination among onsite energy management service providers, including the large electrical corporation’s own administrators, to develop cybersecurity and privacy standards applicable to all providers, and to ensure compliance with Section 8380.
(d) To protect customers, maintain the principle of cost causation, and prevent cost shifts between bundled customers and unbundled customers, and between participating and nonparticipating customers, the commission shall ensure all of the following:
(1) Adequate electricity bill comparison information is provided by the large electrical corporation to residential and small business customers interested in taking service under a dynamic rate option to ensure participating residential and small business customers are aware of and informed on the potential price risks associated with taking service under a dynamic rate option.
(2) Rules or conditions are established for participation by vulnerable residential customers to ensure adequate protection for those customers, including, but not limited to, those customers served through rates established pursuant to subdivision (c) of Section 739, and Sections 739.1 and 739.12.
(3) Rules or mechanisms to ensure nonparticipating customers do not pay for the wholesale energy resources associated with designing the generation portion of the dynamic rate option.
(4) The large electrical corporation shall make the same time-varying distribution rates available to both bundled customers and unbundled customers located in the same geographic area as delineated, and determined feasible, by the commission.
(5) To address the risks to nonparticipating customers, the commission shall evaluate and mitigate any cost shifting from the dynamic rate option in proceedings, at least every four years, which may include the large electrical corporation’s general rate case. The commission shall adjust or modify adjust, modify, or discontinue any dynamic rate option found in its evaluation to create cost shifting from nonparticipating to participating customers to ensure no cost shifting occurs.
(6) To support accurate analysis and effective evaluation of any potential cost shifting from a dynamic rate option, the commission shall review information pertaining to customer adoption of the dynamic rate option, at least every four years, as follows:
(A) The total number or percentage of participants across applicable customer segments, including bundled and unbundled customer segments.
(B) The volume of energy sales for participating customers and nonparticipating customers on a time-differentiated basis.
(C) Total cost and revenue requirement changes, the large electrical corporation’s cost reductions associated with load shifts, and the estimated rate impacts on participating and nonparticipating customers.
(D) Any asymmetrical effect on vulnerable residential customers, including, but not limited to, those customers served through rates established pursuant to subdivision (c) of Section 739, Section 739.1, or Section 739.2.
(E) Any additional information required by the commission to protect against potential cost shifts from the dynamic rate option.
(e) A load-serving entity is responsible for setting the generation rate portion of a dynamic rate option for a participating customer and providing adequate bill comparison information, or other similar information about price risk, to its residential and small business customers interested in taking service under a dynamic rate option to ensure the interested customers are aware of and informed on the potential price risks associated with taking service under a dynamic rate option.
(f) This section does not authorize the commission to regulate the rates or terms and conditions of service offered by a community choice aggregator, consistent with Section 366.2, or an electric service provider, consistent with Section 394.
(g) An eligible customer-generator may elect to take service under a dynamic rate option as an alternative to the rate established pursuant to Section 2827 or 2827.1. An eligible customer-generator shall not participate concurrently in both a dynamic rate option and the standard rate established pursuant to Section 2827 or 2827.1.
(h) For purposes of this section, all of the following definitions apply:
(1) “Eligible customer-generator” has the same meaning as defined in Section 2827.
(2) “Large electrical corporation” means an electrical corporation with more than 100,000 service connections in California.
(3) “Load-serving entity” has the same meaning as defined in Section 380.
(4) “Smart meter” means a device that can measure energy consumption and other attributes related to an electrical current and is capable of transmitting the measurements to an information system owned by an electrical corporation or to an onsite device owned by a customer.