25302.7.
(a) (1) By June 1, 2023, the commission, in consultation with the Public Utilities Commission and the Independent System Operator, shall adopt a goal for load shifting to reduce net peak electrical demand and shall adjust this target in each biennial integrated energy policy report prepared pursuant to Section 25302 thereafter. In developing this target, the commission shall consider the findings of the 2020 Lawrence Berkeley National Laboratory report on the Shift Resource through 2030 and other relevant research. The commission, in consultation with the Public Utilities Commission, the Independent System Operator, and other California balancing authorities, shall recommend policies to increase demand response and load shifting that do not increase greenhouse gas emissions or increase electricity rates.
(2) In the next update to the biennial integrated energy policy report prepared pursuant to Section 25302 after January 1, 2027, the commission, in consultation with the Public Utilities Commission, the Independent System Operator, and other California balancing authorities, shall analyze the cost-effectiveness of specific load flexibility programs and other types of load-shifting interventions and identify both the approximate amount of load shifting each type of load-shifting intervention identified in the report published pursuant to paragraph (1) contributes to the overall 2030 load-shift goal and the cost-effectiveness of each type of load-shifting intervention and the cost-effectiveness of the specific programs evaluated.
(b) (1) As part of each integrated energy policy report adopted pursuant to Section 25302, the commission shall estimate each retail supplier’s load-shifting potential, giving consideration to the relative share of statewide load of each retail supplier, the limitations in each retail supplier’s service territory to adopting load-shifting strategies, the cost-effectiveness of load-shifting resources and programs, and other relevant factors, as determined by the commission.
(2) In estimating the load-shifting potential pursuant to paragraph (1), the commission shall exclude the load shifting expected to be met by emergency programs, including the Demand Side Grid Support Program (Article 3 (commencing with Section 25792) of Chapter 8.9) and the Emergency Load Reduction Program established by the Public Utilities Commission in Decision 21-03-056 (March 25, 2021), Decision Directing Pacific Gas and Electric Company, Southern California Edison Company, and San Diego Gas & Electric Company to Take Actions to Prepare for Potential Extreme Weather in the Summers of 2021 and 2022.
(c) (1) On or before July 1, 2028, and biennially thereafter, the commission shall analyze and publish, on its internet website, the amount of load shifting that each retail supplier achieved in the prior calendar year.
(2) In support of the analysis pursuant to paragraph (1), the commission shall establish standards for estimating the amount of load shifting for each type of load flexibility effort that retail suppliers undertake. These standards shall be periodically updated as the commission learns more about the impact of load-shifting strategies.
(d) (1) This section does not impose a binding obligation or otherwise mandate the procurement of load-shifting technologies by retail suppliers.
(2) This section is not intended to abridge or otherwise supplant the authority of the governing boards of community choice aggregators or local publicly owned electric utilities to set rates, establish programs, and create goals.
(e) For purposes of this section, all of the following definitions apply:
(1) “California balancing authority” has the same meaning as defined in Section 399.12 of the Public Utilities Code.
(2) “Community choice aggregator” has the same meaning as defined in Section 331.1 of the Public Utilities Code.
(3) “Electric service provider” has the same meaning as defined in Section 218.3 of the Public Utilities Code.
(4) “Electrical corporation” has the same meaning as defined in Section 218 of the Public Utilities Code.
(5) (A) “Load shifting” means a reduction in aggregate demand that benefits the electrical grid, including by reducing the need for peak generation capacity and investments in transmission or distribution infrastructure.
(B) “Load shifting” may include either of the following:
(i) Load-modifying resources, including the use of time-varying rates to induce load flexibility and the use of demand flexibility resources, distribution-connected renewable generation and energy storage resources, or other programs to alter a retail supplier’s load forecast.
(ii) Supply-side load flexibility resources, including resources that provide resource adequacy and other demand response resources.
(C) “Load shifting” does not include the use of backup generators powered by fossil fuels, or any other generation resources that are not renewable or zero-carbon generation resources, to reduce electrical grid demand.
(6) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code.
(7) “Retail supplier” means an electrical corporation, community choice aggregator, electric service provider, or local publicly owned electric utility. “Retail supplier” does not include an electrical corporation with 60,000 or fewer customer accounts in the state or a retail supplier with an annual electrical demand of less than 1,000 gigawatthours.