DC Code § 8-1774.10 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 17N - Sustainable Energy|Subchapter II - Management of Sustainable Energy Programs|§ 8-1774.10. Sustainable Energy Trust Fund

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*   *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a)(1) There is established as a special fund the Sustainable Energy Trust Fund, which shall be used solely for the purposes stated in subsection (c) of this section. The Sustainable Energy Trust Fund shall be funded by an assessment on the natural gas, electric companies, and a person who delivers heating oil or fuel oil to an end-user in the District under subsection (b) of this section and from the sale of credits associated with the Regional Greenhouse Gas Initiative or any successor program. All funds collected from these sources shall be deposited into the SETF and shall be disbursed by the Fiscal Agent. In addition, money transferred from the Green Building Fund, pursuant to § 6-1451.07(c)(1), shall be deposited into the SETF; provided, that any such money shall be used solely for the purpose described in subsection (c)(18) of this section. (2) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (3) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation. (b)(1) There is imposed upon the natural gas company an assessment calculated on sales on a per-therm basis as follows: (A) The amount of $.011 in fiscal year 2009; (B) The amount of $.012 in fiscal year 2010; (C) The amount of $.014 in fiscal year 2011 through fiscal year 2016; (D) The amount of $.01505 in fiscal year 2017 through fiscal year 2019; (E) The amount of $.04515 in fiscal year 2020 through fiscal year 2026; (F) The amount of $.03762 in fiscal year 2027 through fiscal year 2031; and (G) The amount of $.0263 in fiscal year 2032 and each year thereafter. (2) There is imposed upon the electric company an assessment calculated on sales on a per-kilowatt hour basis as follows: (A) The amount of $.0011 in fiscal year 2009; (B) The amount of $.0013 in fiscal year 2010; (C) The amount of $.0015 in fiscal year 2011 through fiscal year 2016; (D) The amount of $.001612 in fiscal year 2017 through fiscal year 2019; (E) The amount of $.0029016 in fiscal year 2020; (F) The amount of $.00279279 in fiscal year 2021; (G) The amount of $.0027001 in fiscal year 2022; (H) The amount of $.00259935 in fiscal year 2023; (I) The amount of $.0024986 in fiscal year 2024; (J) The amount of $.00239785 in fiscal year 2025; (K) The amount of $.0022971 in fiscal year 2026; (L) The amount of $.00219635 in fiscal year 2027; (M) The amount of $.0020956 in fiscal year 2028; (N) The amount of $.00199485 in fiscal year 2029; (O) The amount of $.0018942 in fiscal year 2030; (P) The amount of $.00179335 in fiscal year 2031; and (Q) The amount of $.001612 in fiscal year 2032 and each year thereafter. (2A) There shall be imposed upon a person who delivers heating oil or fuel oil to an end-user in the District, whether for industrial, commercial, or residential use, an assessment of $.084 per gallon, calculated on sales. (3) The assessments shall be paid to the Fiscal Agent before the 21st day of each month, beginning in November, 2008, or the 1st full month following October 22, 2008, whichever is later, for sales for the preceding billing period. (4) The assessment shall be applied to the sale of every kilowatt hour and therm in the District, except to those sold to residents participating in the Residential Essential Service or Residential Aid Discount programs established by the Commission. (5) Nothing in this subchapter shall be construed to prohibit the electric company or natural gas company from recovering the assessment imposed under paragraphs (1) and (2) of this section, respectively, in its rates as a surcharge on customers’ bills. (c) The funds in the Sustainable Energy Trust Fund shall be used solely to fund: (1) The SEU contract in an amount of at least $20 million annually; (2) The administration of the SEU contract and the development and implementation of a comprehensive energy plan by DOEE, on an annual basis, equal to 10% of the authorized contract level in that fiscal year; (3) An independent review of the performance of the SEU under § 8-1774.05(k) in the amount of $100,000 annually, beginning in fiscal year 2012; (4) The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually; (5) Repealed; (6) Repealed; (7) Repealed; (8) Repealed; (9) Implementation of the EnergyStar® benchmarking program required by § 6-1451.03; provided, that the program does not require an allocation of funds other than those already set forth in this section; (10) Repealed. (11) For the fiscal year beginning October 1, 2017 and ending September 30, 2018, supporting DOEE activities in the amount of $242,412; (12)(A) Beginning in fiscal year 2020, in an amount equal to at least 30% of the funds generated by the increases to the assessments described in subsection (b) of this section contained in D.C. Law 22-257, activities of DOEE or the Sustainable Energy Utility to: (i) Benefit low-income residents, which may include energy bill assistance, energy efficiency, and weatherization, including programs making improvements to commercial and institutional buildings that serve primarily low-income residents; (ii) Establish workforce development initiatives for District residents in energy efficiency fields; (iii) Establish the Sustainable Energy Infrastructure Capacity Building and Pipeline Program, required by § 8-1772.31; (iv) Support the implementation of the transportation emission reduction initiative required by § 50-2201.03(j)(1A), including by covering the costs incurred by other District agencies to implement the initiative; and (v) Support the implementation of the energy retrofit program required by § 8-1772.22, including by covering the costs incurred by other District agencies to implement the program. (B) For purposes of this paragraph, "low-income" means persons with household incomes of 80% or less than the area median income; (13) Implementation of the Building Energy Performance Standard program required by § 8-1772.21; (14) In fiscal year 2020, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan; (15) In fiscal year 2021, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan; (16) In Fiscal Years 2022, 2023, 2024, and 2025, transferring at least $10 million, but no more than $15 million, to the Green Finance Authority to support sustainable projects and programs; provided, that funding for such transfers is included in an approved budget and financial plan; provided further, that the total amount of money transferred to the Green Finance Authority from the Sustainable Energy Trust Fund in Fiscal Years 2020 through 2025 shall not exceed $70 million; (17) Beginning in fiscal year 2022, at least $3 million annually shall be used by DOEE or the Sustainable Energy Utility, selected pursuant to this chapter, to provide assistance to providers of affordable housing or rent-controlled buildings for energy efficiency upgrades of buildings subject to the Building Energy Performance Standard program required by § 8-1772.21. (18) Activities permitted under section § 6-1451.07(c)(2) through (7). (d) If, at the beginning of a fiscal year, the fund balance of the SETF exceeds the projected annual cost of all programs pursuant to subsection (c) of this section in that fiscal year by at least $10 million, the Fiscal Agent shall suspend payment and the collection of the SETF assessment, until such excess is estimated by the Fiscal Agent to be $5 million. (e) The DOEE shall submit to the Council a quarterly report detailing: (1) Expenditures from the SETF; and (2) The performance of SETF programs operated by the DOEE.  (Oct. 22, 2008, D.C. Law 17-250, § 210, 55 DCR 9225; July 23, 2010, D.C. Law 18-195, § 2(b), 57 DCR 4519; Sept. 24, 2010, D.C. Law 18-223, § 6072, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 612(b), 58 DCR 1008; Sept. 20, 2012, D.C. Law 19-168, § 6072, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 62(b), 59 DCR 6190; Apr. 20, 2013, D.C. Law 19-262, § 132, 60 DCR 1300; Feb. 26, 2015, D.C. Law 20-155, § 6062(c), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, §§ 6042, 6092(e), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-154, § 3(a), 63 DCR 10138; Oct. 8, 2016, D.C. Law 21-160, § 6042(j), 63 DCR 10775; July 3, 2018, D.C. Law 22-124, § 103, 65 DCR 5091; Mar. 22, 2019, D.C. Law 22-257, § 201(c), 66 DCR 1344; Sept. 11, 2019, D.C. Law 23-16, § 6052, 66 DCR 8621; Aug. 23, 2021, D.C. Act 24-159, §§ 6032, 6123, 68 DCR 008602.)  Section References This section is referenced in § 8-1773.01, § 8-1774.02, § 8-1774.07, and § 8-1774.09. Effect of Amendments D.C. Law 18-195, in subsec. (b)(4), substituted “established by the Commission” for “operated by DDOE”. D.C. Law 18-223 rewrote subsec. (c). D.C. Law 18-370, in subsec. (c)(2), substituted “authorized contract level” for “payments under the contract”; in subsec. (c)(4), substituted “$9,800” for “$13,000”; in subsec. (c)(5), substituted “$2.375 million” for “$2.773 million”; in subsec. (c)(6), substituted “$1.073 million” for “$1.5 million”; and, in subsec. (c)(7), substituted “$1.106 million” for “$1.455 million”. The 2012 amendment by D.C. Law 19-168 added (c)(8); and made a related change. The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c)(3). The 2013 amendment by D.C. Law 19-262, § 132, added added the paragraph designated herein as (c)(9); and made related changes. The 2015 amendment by D.C. Law 20-155 substituted “special fund” for “nonlapsing fund” in (a)(1); rewrote (a)(2); added (a)(3); rewrote (c)(1); and repealed (c)(5) to (c)(8). The 2015 amendment by D.C. Law 21-36 substituted “administration of the SEU contract and the development of a comprehensive energy plan by DDOE” for “administration of the SEU contract by DDOE” in (c)(2); and added (c)(10). Applicability Section 7164 of D.C. Law 23-16 repealed § 601 of D.C. Law 22-257. Therefore the amendment of this section by D.C. Law 22-257 has been implemented. Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the change made to this section by § 201(c) of D.C. Law 22-257 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.  Emergency Legislation  For temporary (90 days) amendment of this section, see § 6123 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) amendment of this section, see § 6032 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).   For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).   For temporary (90 days) amendment of this section, see § 101 of Fiscal Year 2018 Budget Support Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-213, Dec. 20, 2017, 64 DCR 13422).   For temporary (90 days) amendment of this section, see § 102 of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).  For temporary (90 day) addition, see § 210 of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008 55 DCR 10856). For temporary (90 day) amendment of section, see § 2(a) of Clean and Affordable Energy Fund Balance Emergency Amendment Act of 2009 (D.C. Act 18-108, June 18, 2009, 56 DCR 4932). For temporary (90 day) amendment of section, see § 2 of Clean and Affordable Energy Fiscal Year 2010 Fund Balance Emergency Amendment Act of 2009 (D.C. Act 18-309, February 3, 2010, 57 DCR 1505). For temporary (90 day) amendment of section, see § 2(b) of Residential Aid Discount Subsidy Stabilization Emergency Amendment Act of 2010 (D.C. Act 18-398, May 10, 2010, 57 DCR 4362). For temporary (90 day) amendment of section, see § 2(b) of Renewable Energy Incentive Program Fund Balance Rollover Emergency Amendment Act of 2010 (D.C. Act 18-422, May 21, 2010, 57 DCR 4767). For temporary (90 day) amendment of section, see § 612(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662). For temporary (90 day) amendment of section, see § 2 of Clean and Affordable Energy Fiscal Year 2011 Fund Balance Emergency Amendment Act of 2011 (D.C. Act 19-43, March 26, 2011, 58 DCR 2923). For temporary (90 day) amendment of § 6073 of D.C. Law 18-223, see § 3 of Clean and Affordable Energy Fiscal Year 2011 Fund Balance Emergency Amendment Act of 2011 (D.C. Act 19-43, March 26, 2011, 58 DCR 2923). For temporary amendment of (c)(7), see § 2(b) of the Renewable Energy Incentive Program Emergency Amendment Act of 2012, (D.C. Act 19-569, December 18, 2012, 59 DCR 15068), applicable upon the inclusion of its fiscal effect in an approved budget and financial plan. For temporary (90 days) amendment of this section, see § 6072(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see § 6062(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see § 6062(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). For temporary (90 days) amendment of this section, see §§ 6042 and 6092(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). Temporary Legislation  For temporary (225 days) amendment of this section, see § 101 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).  Section 2(a) of D.C. Law 18-56, in subsec. (c), substituted “$1,874,000” for “$916,000” in par. (6), deleted “and” at the end of par. (8), substituted a semicolon for a period at the end of par. (9), and added pars. (10) and (11) to read as follows: “(10) A Small Business Energy Efficiency program in the amount of $480,000 for fiscal year 2009; and “(11) A Government Building Energy Efficiency program in the amount of $2 million for fiscal year 2009.”. Section 4(b) of D.C. Law 18-56 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 18-144 rewrote subsec. (c)(11) to read as follows: “(11) A Government Building Energy Efficiency program in the amount of $1,618,750 for fiscal year 2010.”. Section 4(b) of D.C. Law 18-144 provided that the act shall expire after 225 days of its having taken effect. Section 2(b) of D.C. Law 18-214, in subsec. (c)(8), substituted “systems; provided, that the amount for fiscal year 2010 shall be $3.167 million; and” for “systems; and”. Section 4(a) of D.C. Law 18-214 provided that the act shall expire after 225 days of its having taken effect. Section 2 of D.C. Law 19-10, in subsec. (c)(7), substituted “1.806 million” for “1.106 million”. Section 3 of D.C. Law 19-10 amended Section 6073 of D.C. Law 18-223 by substituting “October 1, 2010” for “October 1, 2011”. Section 5(b) of D.C. Law 19-10 provided that the act shall expire after 225 days of its having taken effect. Short Title Short title: Section 6071 of D.C. Law 18-223 provided that subtitle H of title VI of the act may be cited as “Clean and Affordable Energy Amendment Act of 2010”. Editor's Notes Section 6073 of D.C. Law 18-223 provided: “This subtitle shall apply as of October 1, 2011.” Section 613 of D.C. Law 18-370 provided: “Sec. 613. Applicability. This subtitle shall apply as of October 1, 2010.” Section 212(a)(2) of D.C. Law 17-250 provided: “(2) One-half of the funds remaining in the Reliable Energy Trust Fund shall be transferred to the Sustainable Energy Trust Fund and 1/2 of the funds shall be transferred to the Energy Assistance Fund.” Section 212(b)(2) of D.C. Law 17-250 provided: “(2) One-half of the funds remaining in the Natural Gas Trust Fund shall be transferred to the Energy Assistance Trust Fund and 1/2 of the funds shall be transferred to the Sustainable Energy Trust Fund.” Section 3 of D.C. Law 18-195 provided: “Sec. 3. Applicability. Section 2(b) shall apply as of June 1, 2010.” Section 122(b)(1) of D.C. Law 19-262 would have substituted “the amount of $1.106 million for fiscal year 2011, $2 million in fiscal year 2012, and $1 million for fiscal year 2013” for “the amount of $1.106 million for fiscal year 2011 and $2 million in fiscal year 2012” in (c)(7). Applicability of D.C. Law 19-262, § 122: Section 401 of D.C. Law 19-262 provided that § 122 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. The remaining sections shall apply as of April 20, 2013, unless otherwise noted.