380.1.
(a) On or before June 30, 2028, the commission, in coordination with the Energy Commission and the Independent System Operator, shall enhance existing market-integrated pathways for aggregated distributed energy resources to qualify as resource adequacy capacity, including by ensuring all of the following:
(1) Aggregated distributed energy resources are able to qualify for local, system, or flexible resource adequacy capacity within any qualifying capacity or successor methodology adopted by the commission, if the aggregated distributed energy resource meets all qualifying criteria.
(2) Aggregated distributed energy resources are eligible to receive resource adequacy credit for their qualifying capacity value, including energy exported past the utility meter to the extent authorized pursuant to subdivision (b).
(3) (A) The commission shall determine the extent to which device-level telemetry may provide accurate measurement of net load impact delivered to the grid in response to a dispatch signal from the grid operator.
(B) The commission shall develop reasonable and standardized requirements, which may include metering accuracy, data integrity, telemetry resolution and latency, settlement verification, interoperability across devices and aggregators, and fraud or tamper prevention, to allow distributed resources within an aggregated distributed energy resource that meet those requirements to be settled using device-level telemetry, if the commission has determined pursuant to subparagraph (A) that device-level telemetry provides sufficient and accurate measurements.
(4) Qualifying capacity methodologies credit load reductions and net exports of energy during the specific hour of the day required for resource adequacy showings, fully integrate these resources into the current resource adequacy construct and counting conventions, and allow aggregated distributed energy resources to combine different types of distributed resources and technologies.
(5) Multiple enrollment is authorized, allowing multiple devices to participate behind the same utility point of interconnection, including in separate programs, if there is no double counting or duplicate compensation for the same load reduction or energy export. The commission shall establish, through existing or new proceedings, requirements to implement and enforce this paragraph.
(6) Consumer data privacy is protected consistent with state law and commission decisions.
(7) Enrollment processes reduce the barriers to enrolling distributed resources as aggregated distributed energy resources.
(8) To the extent feasible, all capacity determinations are technology neutral, based on measured performance, and weather normalized, allowing the broadest set of device types and technologies to be included within an aggregated distributed energy resource and putting the burden on the aggregated distributed energy resource provider to ensure that it can deliver, in total across all of its distributed resources, the promised demand reduction or electricity supply when called upon.
(9) Alignment with the Independent System Operator’s existing market participation models for aggregated distributed energy resources, as modified pursuant to subdivision (e).
(b) The commission shall establish conditions under which customer-sited distributed resources may receive capacity credit for energy exported past the utility meter as part of an aggregated distributed energy resource with the goal of maximizing the availability of customer-sited distributed resources to provide benefits to the grid while ensuring that net energy metering customers and net billing tariff customers receiving service pursuant to Section 2827, 2827.1, or 2827.10 do not receive duplicate compensation, through both the aggregated distributed energy resource and the retail bill credits, for energy exported in response to a dispatch through the aggregated distributed energy resource.
(c) The commission shall allow load-serving entities to include aggregated distributed energy resources in resource adequacy filings and commission-ordered procurement pursuant to Section 454.54, consistent with the loading order in the state’s energy action plan, if the aggregated distributed energy resource meets the energy attribute requirements specified in the applicable procurement order or resource adequacy requirements.
(d) On or before June 30, 2028, the commission shall develop recommendations for changes to the Independent System Operator’s proxy demand resource and distributed energy resource aggregation participation models, including the must-offer obligation for each participation model, to be consistent with the commission’s requirements for aggregated distributed energy resources pursuant to this section, and shall communicate the recommendations to the Independent System Operator for consideration in a new or existing initiative.
(e) For purposes of this section, all of the following definitions apply:
(1) “Aggregated distributed energy resource” means an aggregation of more than one distributed resource that is capable of supplying electricity to, or reducing electricity demand on, the electrical distribution system when called upon to do so.
(2) “Distributed resources” has the same meaning as defined in Section 769.
(3) “Load-serving entity” has the same meaning as defined in Section 380.