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A new report from a coalition of energy and data analytics organizations offers recommendations for the country’s demand response leader.

By many measures, California is the most advanced U.S. demand response market. Its aggressive clean energy targets, widespread home electrification, and near-universal smart meter deployment make it a natural testbed for programs that call upon distributed energy resources — from home batteries and electric vehicle chargers to smart thermostats — to ease grid strain and pay customers for helping out.
The state has been running these initiatives in one form or another for decades, starting with agreements that paid commercial and industrial customers to cut their power during periods of grid stress. Over time, those programs expanded to households, allowing ratepayers to let utilities cycle their air conditioners on and off and, eventually, control their smart thermostats too. But the theoretical potential of California’s demand response strategy has far outpaced the realized grid benefits.
“Load flexibility has underdelivered for a long time,” Ric O’Connell, executive director at the grid policy nonprofit GridLab, told me.
A new joint report from GridLab, data analytics firm Kevala, and the energy consulting firm Energy and Environmental Economics released on Tuesday argues that California’s early-mover advantage has, in many ways, become a liability. While the technology to run more effective, streamlined demand response programs has finally arrived, decades of legacy initiatives have left the state and its confused consumers tangled among dozens of fragmented offerings, outdated compensation structures that don’t reward active participation, and rules that make it unnecessarily difficult for small, household devices to participate in wholesale electricity markets.
“The communications, the control, the metering — none of that stuff was really available 10 years ago, and you just sort of paid people to sign up,” O’Connell told me. “And then we didn’t really switch it as the technology became available for better measurement.”
But now that the technology is better, the report points out that the opportunity is bigger than ever: California has an unprecedented base of smart, connected devices — including millions of EVs, electrified buildings, and home batteries — that, if properly harnessed, could help smooth out the state's electricity demand and avoid the kind of costly new infrastructure buildouts that drives up everyone's rates.
One of the primary recommendations in the report, titled “Unlocking California’s Flexible Load,” is to pay customers for the actual value they provide to the grid — such as how often and for how long they reduce or shift their electricity use during demand response events. While that may seem obvious, historically, utility and state programs have paid customers simply for signing up and remaining "available" to cut power use — regardless of whether they actually deliver when called upon. That model made some sense before smart meters and other tools could verify performance, but today it often just wastes money while failing to deliver meaningful load reductions.
Changes like this could help California capture far more of the value demand response has long promised. A 2024 GridLab study with The Brattle Group found that virtual power plants — networks of distributed resources that collectively act like large, traditional power plants — could save California utilities and consumers $550 million per year while meeting more than 15% of the state’s peak electricity demand.
The potential is especially striking with EVs. Their charging patterns can already help shift overall electricity demand to less grid-constrained hours, while bidirectional charging may one day turn them into giant grid batteries capable of sending power back to the grid — an increasingly common capability known as vehicle-to-grid, or V2G. The report reveals that if just 10% of California’s projected 9.7 million EVs participated in V2G programs, they could supply nearly a third of the state’s 2036 long-duration battery storage target, according to a press release about the report.
As the report also makes clear, though, getting there will require more than simply changing how the program pays customers. Another major recommendation is consolidating the programs and streamlining how they’re administered. O’Connell said the utilities running their own programs — long held back by institutional inertia — are beginning to recognize the inefficiency problem, waking up to the fact that “the person doing the smart thermostat program is in a different department than the person who’s doing the behind the meter battery program,” he told me, explaining that he’s already working with Con Ed in New York to consolidate its offerings. Based on his conversations with California’s utilities, he said he expects them to announce consolidation plans soon, as well.
It can be a hard sell to get the investor-owned utilities to put real muscle behind these programs, however, as they make money by building new infrastructure like large power plants, not by avoiding the need for it through demand flexibility.
“I think in many ways the IOUs have been indifferent to load flexibility. It’s not core to their business,” O’Connell told me. But with political tension over affordability mounting, customers increasingly worried about electricity rate hikes, and huge new large loads like data centers seeking to connect to the grid as quickly as possible, utilities are facing more pressure than ever to make better use of the infrastructure they already have.
Another core recommendation is designed to ensure that demand flexibility programs actually benefit all customers by capping customer compensation below the total cost that the utility avoided in new infrastructure buildout. For example, if a customer’s individual participation in such a program saves a utility $100 in spending, they should receive less than $100 for providing that flexibility. This is designed to ensure that all California customers end up saving on their utility bills, regardless of whether they’re able to flex their loads or not.
This particular recommendation comes in response to a problem the state encountered with its legacy rooftop solar compensation system, Net Energy metering, which ran from 1996 to 2022. The program pays existing solar customers, who have been grandfathered into the program, well above the actual value of the power they export to the grid, thereby shifting billions of dollars in costs onto customers without solar.
Lastly, the report recommends creating a simpler path into wholesale electricity markets. While sophisticated players —- think large businesses or major demand response aggregators such as Voltus or Sunrun — can sell load reductions directly into those markets, the process remains too complicated and paperwork-heavy for smaller aggregators bundling together resources such as household EVs and batteries. For now, the report argues, those smaller players should keep enrolling customers through simpler, utility-run programs while regulators work to make wholesale market participation more accessible.
Ultimately, O’Connell hopes the report can help California move past the institutional battles that have historically held demand flexibility back. “One of the problems with California is there’s no kind of neutral,” he told me. “We were trying to be that neutral party that’s like, here’s the roadmap to get everyone to actually unlock this potential.”
The goal, he said, was to “name all the problems of the past” — and, in doing so, give California’s utilities, regulators, aggregators, and customers a clearer path forward.
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
With a permitting deal seemingly on the horizon, Republican Gabe Evans and Democrat Scott Peters may be about to see their partnership pay off.
The fate of permitting reform legislation that could smooth the way to all kinds of new and improved energy infrastructure — including transmission lines and renewables — is currently hostage to opaque discussions between Senate committee chairs. Rhode Island Senator Sheldon Whitehouse, the Democratic ranking member of the Senate Environment and Public Works Committee, told a Rhode Island business group earlier this week that “we’re actually in a pretty good place on permitting reform,” and that there was “maybe another week of negotiations.” Whitehouse’s Republican counterpart on the EPW committee, West Virginia Senator Shelly Moore-Capito, told Semafor on Friday that any bill has “got to pop out of here in the next 48 hours.”
If that’s going to happen, it will be because Republicans and Democrats have decided it’s worth it to get along. Any deal will eventually have to be voted on by the House, which has already produced several bills on a bipartisan basis, and even passed one — the SPEED Act — late last year.
Two of the busier House members on this issue are Scott Peters, a Democratic former environmental lawyer from San Diego, and Gabe Evans, a first term Colorado Republican representing a suburban and rural district north of Denver that includes wind farms and crude oil production. “The district that I represent truly is an all of the above energy district,” Evans told me.
Their latest effort is a bill aimed at smoothing out permitting for transmission development, especially interregional transmission. Last week, the two congressmen unveiled the CLEAR Act, seeking to apply a stricter set of standards for lawsuits against transmission projects that aligned with how natural gas and hydropower projects are treated under the Federal Power Act (it’s much harder to sue to stop these projects). Earlier this year, the two also sponsored the CERTAIN Act, a more comprehensive streamlining of federal permitting for energy infrastructure projects.
“We’re proud to have a lot of our work as the foundation for this, and I think if they send us over something that includes this, it’s got a really good chance of passing in the House,” Peters told me. Evans added that bringing forward bipartisan bills “gives a little bit more impetus to the Senate to know that the House is looking for these things.”
While the Senate’s deal will be up to the senators, Peters told me he envisions a broad permitting package that could include reforms to the National Environmental Policy Act to shorten permitting timelines, preventing the president from nixing individual projects, and reform Section 401 of the Clean Water Act which effectively devolves power to tribes and states to block a variety of interstate projects. “I think it’s coming together pretty well,” Peters said. “Obviously, we’re waiting for white smoke from the Senate.”
A permitting reform package may be one of the last major bills several bipartisan-minded House members get to vote on.
Election day is about six weeks off, and while Peters will likely have an easy time getting reelected for this eighth term, Evans is in a tough race. His purple-hued district is a target for the House Democratic campaign arm, which is hoping to flip it to former Colorado House of Representatives member Manny Rutinel, who worked as a lawyer at the environmental group Earthjustice. The Cook Political Report rates the race as toss-up, and Nate Silver gives Rutinel a roughly 75% to win.
But Rutinel won’t be getting any campaign help from Peters.
When I asked Peters about the timing of releasing a bill that could boost an endangered Republican’s bipartisan bona fides less than two months before an election, Peters told me that he and Evans had been working on it “for a while,” and that “my colleagues know that I’ve worked with Republicans to get problems solved.”
He said he wasn’t “participating in Gabe’s election” and wasn’t giving any money to his campaign, but also that he wouldn’t campaign Evans’ challenger, despite the opportunity to bolster his own caucus.
Peters is not shy about praising Evans. “What I appreciate about Gabe is that it takes a little bit of initiative to separate yourself from the majority — particularly when you’re in the trifecta — and do your own thing. He’s been a good partner in helping find ways to reduce process and make things go faster,” he told me.
Evans told me that he and Peters met early in this Congress, as Evans was getting settled into his new office in the Longworth building. “We’ve built the relationship over the last two years with a lot of the different areas that we’ve collaborated on.”
“I always try to meet the members of my committee and find out who will work with me. And I was fortunate to find Gabe,” Peters said.
“I do want to win the majority in the next Congress,” Peters went on, but “the norm should be that we figure out ways to work together to solve problems, and, you know, we’ll let the voters of Colorado 8 decide who to send me.”
Evans, for his part, told me that he had to work with Democrats to get anything passed as a member of a minuscule Republican minority in the Colorado statehouse, and that the 40-plus members of the bipartisan Problem Solvers Caucus have agreed not to campaign against each other. “There’s 385 other members that you can go pick fights with,” he said.