Andrew H. Jacobs
Volume 76, Issue 2, 561-588
California’s electricity system has faced unprecedented challenges in recent years. Extreme heat, wildfires, and additional severe weather events stressed the system to a breaking point. The state’s electric grid operator repeatedly called for rolling blackouts on hot summer days to preserve the integrity of the electric grid. Electric utilities proactively shut off power during dry and windy conditions to prevent their equipment from sparking wildfires. Strings of powerful winter storms left hundreds of thousands across the state without power for multiple days.
In response to the poor reliability of the electrical grid, demand for backup generation has skyrocketed. Both residents and businesses are finding alternative ways to keep their lights on, especially during emergency events. Yet backup generation predominantly runs on fossil fuels to supply temporary power. These generators create high environmental costs, emitting greenhouse gases and air pollutants that contribute to climate change and negatively impact public health. Some communities are well-positioned to respond to these impacts, while others are more vulnerable and experience disproportionate harm.
This Note reviews the evolving legal landscape that allows the deployment and use of backup generation in California with a particular focus on the use of backup generation during emergency events. In doing so, it demonstrates a lack of readily available information associated with these generators and raises the concern that the backup generation information gap harms the state’s most vulnerable populations. This Note concludes by suggesting an approach to reduce the information gap through increased reporting, tailored monitoring, and managed access of backup generators. Such an approach supports vulnerable communities while recognizing the role of backup generators in California’s electricity system of the future.