AB 2383: Electricity: data centers.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the commission to investigate a single rate, classification, rule, contract, practice, or the entire schedule of rates, classifications, rules, contracts, and practices, of any public utility, and to establish new rates, classifications, rules, contracts, practices, or schedules.

This bill would require the commission, on or before January 1, 2028, in a new or existing proceeding, to provide for a classification of retail electricity consumers that are large energy use facilities data centers that is separate and distinct from classifications of service for other commercial or industrial retail electricity consumers and has its own tariff, as specified. The bill would specify that an electrical corporation and a large energy use facility data center are not required to use the above-described classification of service if the commission has not approved the electrical corporations tariff for that classification of service.

This bill would require each electrical corporation that receives a request for to file a transmission and distribution service from a large energy use facility, and each load-serving entity, as defined, that receives a request for retail electrical tariff and a generation service from a large energy use facility, to ensure that the tariff meets that meet certain requirements, as specified. The bill would also require the commission to require each electrical corporation to submit a proposed transmission and distribution or generation service tariff that meets these requirements to the commission for approval, as specified. each community choice aggregator or electric service provider to adopt a tariff for generation service consistent with certain requirements, as specified. By imposing new duties on community choice aggregators, the bill would impose a state-mandated local program. The bill would specify that these provisions only apply to a large energy use facility that commences receiving electricity service from an electrical corporation, or generation service from a load-serving entity, data center that enters into a new interconnection agreement to receive retail electrical service at the transmission level on or after January 1, 2027.

Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime.

Because the above provisions would be a part of the act, and because a violation of a commission action implementing the above provisions would be a crime, the bill would impose a state-mandated local program.