California Public Utilities Code § 398.6

(a) For purposes of this section, the following definitions apply: (1) “Avoided greenhouse gas emissions” means greenhouse gas emissions associated with hourly purchases of electricity from specified sources that are in excess of the retail supplier’s loss-adjusted load for that hour to the extent that the excess electricity reduced the emissions of greenhouse gases associated with electricity from unspecified sources during that hour. (2) “Electricity source type” means the fuel, source of energy, or electricity product, as described in subdivision (h) of Section 398.4. (3) “Load-serving entity” has the same meaning as defined in Section 380. (4) “Loss-adjusted load” means the total amount of electricity, measured at the utility-scale generation source, that a retail supplier requires in order to provide for retail sales after electrical losses in transmission and distribution. (b) Beginning January 1, 2028, every retail supplier that offers an electricity product for sale to retail customers in the state shall annually report to the Energy Commission all of the following information: (1) The retail supplier’s sources of electricity used to serve loss-adjusted load for each hour during the previous calendar year. (2) To the extent feasible, the emissions of greenhouse gases associated with each of those sources of electricity. In calculating those emissions of greenhouse gases, the retail supplier shall not include or consider any avoided greenhouse gas emissions. (3) An annual total of greenhouse gas emissions and an annual average greenhouse gas emissions intensity, calculated as the annual total greenhouse gas emissions divided by the retail supplier’s annual total loss-adjusted load. (4) An annual total of avoided greenhouse gas emissions. (c) On or before July 1, 2024, the Energy Commission shall adopt rules, through an open process, subject to public comment, and adopted by a vote of the Energy Commission, to implement the requirements of this section. (d) The Energy Commission shall share the information collected pursuant to subdivision (b) with the commission, the State Air Resources Board, and the system operator, to the extent needed, for purposes of the following: (1) Evaluating load-serving entities’ integrated resource plans pursuant to Section 454.52, as determined and deemed necessary by the Public Utilities Commission. (2) The State Air Resources Board’s regulations for the mandatory reporting of the emissions of greenhouse gases. (3) Estimating hourly greenhouse gas emission factors for electricity from unspecified sources, to the extent feasible. (e) The Energy Commission shall annually publish on its internet website an aggregated summary of the data reported by each retail supplier pursuant to this section, which may include all of the following: (1) Electricity from specified sources expressed as a percentage of annual loss-adjusted load that is derived from each electricity source type. (2) Electricity from unspecified sources expressed as a percentage of annual loss-adjusted load. (3) The total emissions of greenhouse gases associated with all electricity used to serve loss-adjusted load. In calculating those emissions of greenhouse gases, any avoided greenhouse gas emissions shall not be included or considered. (4) The average greenhouse gas emissions intensity of all electricity used to serve loss-adjusted load. (5) The total avoided greenhouse gas emissions. (f) In order to ensure that a retail supplier can obtain the information necessary to comply with the requirements of this section and to protect the confidentiality of market sensitive data, all of the following shall be required: (1) All sellers of electricity from generation facilities shall timely provide each purchaser of the facility’s electricity that is subject to the reporting requirement in subdivision (b) with the purchaser’s hourly share of electricity that is scheduled into a California balancing author

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