reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 13A - Electric Company Infrastructure Improvement Financing › Subchapter IV - Commission and OPC Funding; Commission Rules and Regulations › § 34–1314.03. Waiver of certain permitting fees; acceptance of Bonds in lieu of cash deposits

§ 34–1314.03. Waiver of certain permitting fees; acceptance of Bonds in lieu of cash deposits.
(a) A public inconvenience fee and steel plate fee shall not apply to Electric Company Infrastructure Improvement Activity or to the gas company for any natural gas infrastructure relocation required under the Underground Infrastructure Improvement Projects Plan for the first 60 days of construction and installation of Electric Company Infrastructure Improvements or any natural gas infrastructure relocation in the applicable portion or segment of the public space or public right-of-way where the Electric Company Infrastructure Improvements are being constructed and installed or the natural gas infrastructure is being relocated.
(b) The electric company may submit a Bond to DDOT in lieu of a cash deposit for any Electric Company Infrastructure Improvement Activity that is subject to a public space permit.
(May 3, 2014, D.C. Law 20-102, § 403, 61 DCR 1882.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 13A - Electric Company Infrastructure Improvement Financing › Subchapter IV - Commission and OPC Funding; Commission Rules and Regulations › § 34–1314.04. Gas company recovery of gas plant relocation costs

§ 34–1314.04. Gas company recovery of gas plant relocation costs.
(a) The gas company may establish a regulatory asset for the operating and capital-related costs of any gas plant relocation that is necessary for the completion of DDOT Underground Electric Company Infrastructure Improvement Activity incurred by the gas company between base rate cases and that are not recovered by any other means; provided, that:
(1) The gas plant relocation work is pursuant to a written communication from DDOT informing the gas company that the relocation of certain of the gas company’s gas plant is necessary for the completion of DDOT Underground Electric Company Infrastructure Improvement Activity; and
(2) The gas plant relocation work is in addition to work performed and costs incurred by the gas company in the ordinary course of business.
(b) The regulatory asset shall accrue a pre-tax rate of return at the gas company’s authorized rate of return approved by the Commission in the most recent base rate case.
(c) The creation of a regulatory asset for the gas company’s gas plant relocation costs shall not affect the authority of the Commission to review the prudence of costs associated with the relocation of any gas plant due to DDOT Underground Electric Company Infrastructure Improvement Activity. In any Commission proceeding reviewing the gas company’s costs for any gas plant relocation that is necessary for the completion of any DDOT Underground Electric Company Infrastructure Improvement Activity, the gas company shall have the burden to prove that:
(1) The gas plant relocation was necessary for the DDOT Underground Electric Company Infrastructure Improvement Activity to be completed; and
(2) All of the gas plant relocation costs were prudently incurred.
(May 3, 2014, D.C. Law 20-102, § 404, 61 DCR 1882.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 13A - Electric Company Infrastructure Improvement Financing › Subchapter V - General Provisions. [Repealed] › § 34–1315.01. Applicability. [Repealed]

§ 34–1315.01. Applicability. [Repealed]
Repealed.
(May 3, 2014, D.C. Law 20-102, § 501, 61 DCR 1882; Feb. 26, 2015, D.C. Law 20-155, § 7010, 61 DCR 9990.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7010 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) repeal of this section, see § 7010 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) repeal of this section, see § 7010 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).
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1401. Extension of overhead wires in Georgetown; extension of underground conduits in Mount Pleasant

§ 34–1401. Extension of overhead wires in Georgetown; extension of underground conduits in Mount Pleasant.
The Mayor of the District of Columbia may authorize any electric light company existing June 11, 1896, to construct and use under such regulations as the Council of the District of Columbia may fix conduits for the reception of overhead wires existing on said date within the territory formerly known as Georgetown, and to extend the same by an aggregate of not more than one and one-fourth miles of conduit in the same territory. And the United States Electric Lighting Company may extend its underground conduits and wires east of Rock Creek and within the fire limits to Mount Pleasant, and Washington and Columbia Heights under such regulations as the Council may prescribe.
(June 11, 1896, 29 Stat. 401, ch. 419, § 1.)
Prior Codifications
1981 Ed., § 43-1201.
1973 Ed., § 43-1101.
Section References
This section is referenced in § 34-1402.
Cross References
Highways, streets and bridges, authorization to electrify railroad lines, conduit systems, see §§ 9-1207.01 and 9-1207.03.
Inspections, electrical power, see §§ 2-131 and 2-132.
Private conduits, generally, see § 34-2501 et seq.
Public roads and bridges, jurisdiction in mayor, see § 9-101.02.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(317) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1402. Conduits and overhead wires for electric lighting prohibited in streets; house connections authorized

§ 34–1402. Conduits and overhead wires for electric lighting prohibited in streets; house connections authorized.
Until Congress shall provide for a conduit system it shall be unlawful to lay conduits or erect overhead wires for electric lighting purposes in any road, street, avenue, highway, park, or reservation, except as specifically authorized by law; provided, however, that the Mayor of the District of Columbia is hereby authorized to issue permits for house connections with conduits and overhead wires existing on June 4, 1897, adjacent to the premises with which such connection is to be made; and also permits for public lighting connections with conduits existing on June 4, 1897, in the portion of the street proposed to be lighted. And nothing herein contained shall be construed to affect in any way any litigation pending on June 4, 1897, involving the validity or invalidity or legality of the construction of any conduits made since June 18, 1896, nor to prevent the United States Electric Lighting Company from extending conduits into Columbia Heights, Washington Heights, and Mount Pleasant within the fire limits as specifically provided in §§ 34-1401 and 34-1901.01.
(Mar. 3, 1897, 29 Stat. 673, ch. 387; June 4, 1897, 30 Stat. 41, ch. 2.)
Prior Codifications
1981 Ed., § 43-1202.
1973 Ed., § 43-1102.
Cross References
Telegraph and telephone companies, wiring limitations, see § 34-1901.01.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1403. Certain existing conduits and overhead wires legalized

§ 34–1403. Certain existing conduits and overhead wires legalized.
All conduits existing on July 7, 1898, within the fire limits, and all overhead electric light wires existing on July 7, 1898, without the fire limits in the District of Columbia are hereby legalized until otherwise provided by law, and house connections may be made with such overhead electric light wires outside such fire limits.
(July 7, 1898, 30 Stat. 664, ch. 571, § 1.)
Prior Codifications
1981 Ed., § 43-1203.
1973 Ed., § 43-1103.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1404. Electric lighting wires west of Rock Creek

§ 34–1404. Electric lighting wires west of Rock Creek.
The Mayor of the District of Columbia is hereby authorized to issue permits to electric light companies existing on July 8, 1898, in the District of Columbia for the extension of overhead electric wires existing on July 8, 1898, outside the fire limits and west of Rock Creek to be used for lighting purposes only.
(July 8, 1898, 30 Stat. 753, Joint Res. No. 59.)
Prior Codifications
1981 Ed., § 43-1204.
1973 Ed., § 43-1104.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1405. Electric lighting wires east of Rock Creek

§ 34–1405. Electric lighting wires east of Rock Creek.
The Mayor of the District of Columbia is hereby authorized, under conditions and regulations to be prescribed by the Council of the District of Columbia, to permit the erection of poles and the stringing of overhead wires thereon outside of the fire limits and east of Rock Creek for electric lighting purposes only.
(July 1, 1902, 32 Stat. 602, ch. 1352, § 1.)
Prior Codifications
1981 Ed., § 43-1205.
1973 Ed., § 43-1105.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(318) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1406. Permits for repair, extension, and enlargement of conduits

§ 34–1406. Permits for repair, extension, and enlargement of conduits.
The Mayor of the District of Columbia is hereby authorized to grant permits for the repair, enlargement, and extension, under proper regulations to be prescribed by the Council of the District of Columbia, of electric lighting conduits existing on June 6, 1900, and in every conduit constructed or to be constructed under the provisions of this section, 3 ducts shall be reserved for the use of the United States and the District of Columbia.
(June 6, 1900, 31 Stat. 563, ch. 789, § 1.)
Prior Codifications
1981 Ed., § 43-1206.
1973 Ed., § 43-1106.
Cross References
Building restrictions and regulations, flood hazards, subdivisions and developments, mayor to review proposals, see § 6-502.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(319) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14 - Electric Light and Power Companies › § 34–1408. Use of conduits of Washington Railway and Electric Company by Potomac Electric Power Company

§ 34–1408. Use of conduits of Washington Railway and Electric Company by Potomac Electric Power Company.
The Mayor of the District of Columbia is hereby authorized, in his discretion, to permit the Potomac Electric Power Company to make connections between its conduits and the conduits of the Washington Railway and Electric Company and all other companies controlled by the Washington Railway and Electric Company for the purpose of furnishing electric current through the said conduits for public and private uses, the use of said railway companies’ conduits to be upon such terms as may be agreed upon between the said companies.
(Apr. 27, 1904, 33 Stat. 376, ch. 1628, § 1.)
Prior Codifications
1981 Ed., § 43-1208.
1973 Ed., § 43-1108.
Cross References
Public utility, service, valuation and accounts, multiple company use of equipment, see § 34-1102.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1433. Renewable energy credits

§ 34–1433. Renewable energy credits.
(a) Energy from a tier one renewable source:
(1) Shall be eligible for inclusion in meeting the standard regardless of when the generating system or facility was placed in service; and
(2) May be applied to the percentage requirements of the standard for either tier one renewable sources or tier two renewable sources.
(b) Energy from a tier two renewable source shall be eligible for inclusion in meeting the renewable energy portfolio standard through 2017 if it is generated at a system or facility that existed and was operational as of January 1, 2004.
(c) On or after January 1, 2006, an electricity supplier may:
(1) Receive renewable energy credits; and
(2) Accumulate renewable energy credits under this chapter.
(d) On or before December 31, 2006, an electricity supplier shall receive 120% credit toward meeting the renewable energy portfolio standard for energy derived from wind or solar sources.
(e) After December 31, 2006, and on or before December 31, 2009, an electricity supplier shall receive 110% credit toward meeting the renewable energy portfolio standard for energy derived from wind or solar sources.
(f) On or before December 31, 2009, an electricity supplier shall receive 110% credit toward meeting the renewable energy portfolio standard for energy derived from methane under § 34-1431(14)(D).
(g)(1) An electricity supplier may not use the incineration of solid waste to meet more than 20% of the standard for tier two renewable sources for a given year.
(2) After December 31, 2012, the incineration of solid waste shall not be eligible to generate renewable energy credits.
(h)(1) An electricity supplier shall receive credit toward meeting the standard for electricity derived from the biomass fraction of biomass cofired with other fuels.
(2) Credits that a renewable on-site generator surrenders to its electricity supplier to meet the standard and that the electricity supplier relies on in submitting its compliance report shall not be resold or retransferred by the renewable on-site generator.
(3) The renewable on-site generator may retain or transfer any credits in excess of the amount needed to satisfy the standard for the renewable on-site generator’s load.
(4) A renewable on-site generator that satisfies the standard applicable to the renewable on-site generator’s load under this subsection shall not be required to contribute to a compliance fee recovered under § 34-1435.
(5) The Commission shall adopt regulations or orders governing the application and transfer of credits under this subsection.
(i) A tier one renewable source or tier two renewable source that creates a renewable energy credit shall comply with all applicable environmental and administrative requirements, including air quality, water quality, solid waste, and right-to-know provisions, permit conditions, and administrative orders.
(Apr. 12, 2005, D.C. Law 15-340, § 5, 52 DCR 2285.)
Section References
This section is referenced in § 34-1431 and § 34-1438.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1435. Recovery of fees and costs

§ 34–1435. Recovery of fees and costs.
(a) The Commission shall allow the local distribution company to recover actual dollar-for-dollar prudently costs incurred, including a compliance fee under § 34-1434, in complying with a mandated renewable energy portfolio standard. The electricity distribution company may also pass through its prudently incurred additional costs, if any, associated with complying with the standard, through the end of the year of standard offer service in which the requirement took effect.
(b) An electricity supplier may recover a compliance fee if:
(1) The payment of a compliance fee is the least-cost measure to ratepayers as compared to the purchase of tier one renewable sources, tier two renewable sources, or solar energy to comply with a renewable energy portfolio standard; or
(2) There are insufficient tier one renewable sources, tier two renewable sources, or solar energy available for the electricity supplier to comply with a renewable energy portfolio standard.
(c) Any cost recovery under this section:
(1) May be in the form of a nonbypassable surcharge to current applicable customers; and
(2) Shall be disclosed on applicable customer bills.
(Apr. 12, 2005, D.C. Law 15-340, § 7, 52 DCR 2285.)
Section References
This section is referenced in § 34-1433 and § 34-1436.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1436.01. Triennial study of local solar policy benefits and costs

§ 34–1436.01. Triennial study of local solar policy benefits and costs.
(a)(1) The People's Counsel shall commission a recurring study to assess the benefits and costs of the solar requirements in this chapter as well as the technical and economic potential of solar energy generation in the District. The study shall address, at a minimum, the:
(A) Benefits of locally produced solar energy to the District's electrical grid and the District's clean energy goals (including the Solar for All program);
(B) Need for and potential costs of system upgrades and programs by ward; and
(C) Costs to ratepayers of the Renewable Energy Portfolio Standards' solar energy requirements.
(2) The study shall also compare the District's local solar energy policies to policies supporting the expansion of solar resources in other jurisdictions.
(b)(1) By no later than October 1, 2027, the People's Counsel shall submit a complete copy of the study, and, based on the results of the study, offer recommendations regarding legislative and regulatory changes to ensure that ratepayers are not unduly impacted ("initial submission").
(2) The People's Counsel shall submit updated findings and recommendations every 3 years after the initial submission.
(Apr. 12, 2005, D.C. Law 15-340, § 8a; as added Mar. 10, 2023, D.C. Law 24-314, § 2(d), 70 DCR 606.)
Applicability
For a technical correction to section 3 of D.C. Law 24-314, see section 8002(f) of D.C. Law 25-50.
Section 4 of D.C. Law 24-314 provided that this act shall apply as of March 1, 2023, or as of the effective date of this act, whichever occurs later.
Section 3 of D.C. Law 24-314 provided that for 3 years after the date described in section 4, section 2(a) shall not apply to any contract entered into before the date described in subsection (a) of this section; except, that section 2(a) shall apply to an extension or renewal of such a contract.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1437. Renewable electricity tracking system

§ 34–1437. Renewable electricity tracking system.
(a) The Commission shall select a market-based renewable electricity tracking system to facilitate the creation and transfer of renewable energy credits.
(b) The Commission may designate the DOEE to administer the electricity tracking system. The Commission or the DOEE may contract with a for-profit or a nonprofit entity to assist in the administration of the electricity tracking system required under this section.
(c) To the extent practicable, the tracking system shall be the generation attributes tracking system developed by PJM Interconnection.
(Apr. 12, 2005, D.C. Law 15-340, § 9, 52 DCR 2285; Oct. 8, 2016, D.C. Law 21-160, § 6043(d), 63 DCR 10775.)
Editor's Notes
For a requirement that DOEE make publicly available a study that evaluates and makes recommendations regarding the District withdrawing from the PJM capacity market, see § 6102 of D.C. Law 23-149.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1438. Application of renewable energy credits

§ 34–1438. Application of renewable energy credits.
(a) An electricity supplier may use accumulated renewable energy credits to meet the renewable energy portfolio standard by submitting them to the Commission as evidence of compliance.
(b) A renewable energy credit may be sold or otherwise transferred.
(c) Except as authorized under section (d) of this section, a renewable energy credit shall exist for 3 years from the date created; provided, that a renewable energy credit from a solar energy system meeting the requirements of § 34-1432(e)(1) shall exist for 5 years from the date created.
(d) A renewable energy credit may be diminished or extinguished before the expiration of 3 or 5 years pursuant to subsection (c) by:
(1) The electricity supplier that received the credit;
(2) A nonaffiliated entity of the electricity supplier:
(A) That purchased the credit from the electricity supplier receiving the credit;
(B) To whom the electricity supplier otherwise transferred the credit; or
(3) Demonstrated compliance by the generating facility with the requirements of § 34-1433(i).
(Apr. 12, 2005, D.C. Law 15-340, § 10, 52 DCR 2285; Mar. 22, 2019, D.C. Law 22-257, § 101(e), 66 DCR 1344.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 14A - Renewable Energy Portfolio Standards › § 34–1440. Applicability

§ 34–1440. Applicability.
(a) The definitions added to § 34-1431 by D.C. Law 20-245 (“amendment act”) shall apply to District of Columbia Standard Offer Service wholesale supply contracts effective on or after June 1, 2015.
(b) The definitions added by the amendment act shall apply after December 31, 2017, to renewable energy credits included in PJM’s Generator Attributes Tracking System that were or are generated by a facility that is certified by the commission as a Tier 1 energy source before April 30, 2015, and purchased by an electricity supplier pursuant to a contract executed before April 30, 2015.
(Apr. 12, 2005, D.C. Law 15-340, § 11a; as added Apr. 30, 2015, D.C. Law 20-245, § 2(b), 62 DCR 1492.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1501.01. Policy findings

§ 34–1501.01. Policy findings.
The Council of the District of Columbia adopts the following policy findings in support of community renewable energy:
(1) Local communities benefit from the deployment of tier one renewable energy in the District, and the Council hereby encourages the Department to establish programs that support development of such projects;
(2) It is in the public interest that the Department encourages broad participation in District-based tier one renewable electric generation by District residents, not-for-profit entities, and for-profit entities through outreach efforts and programs in all 8 wards;
(3) It is in the public interest that the Department enables the development and deployment of community renewable energy facilities for the following purposes:
(A) To allow renters and low- to moderate-income retail electric customers to own interests in tier one renewable energy generating facilities;
(B) To allow interests in tier one renewable energy generation facilities to be portable and transferrable;
(C) To facilitate market entry for all potential subscribers, while prioritizing those persons most sensitive to market barriers; and
(D) To encourage developers to promote participation by renters and low- to moderate-income retail electric customers; and
(4) It is in the public interest for developers to encourage participation by renters and low- to moderate-income retail electric customers.
(May 9, 2000, D.C. Law 13-107, § 101a; as added Dec. 13, 2013, D.C. Law 20-47, § 2(b), 60 DCR 15138.)
Section References
This section is referenced in § 34-1434.
Effect of Amendments
The 2013 amendment by D.C. Law 20-47 added this section.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1502. Implementation of customer choice

§ 34–1502. Implementation of customer choice.
(a) On and after the initial implementation date, the supply and sale of electricity shall not be regulated except as expressly set forth in this chapter.
(b)(1) Unless accelerated or delayed pursuant to subsection (c) of this section, customer choice shall begin on the initial implementation date. Customer choice must be available for all consumers, regardless of customer class, no later than 2 years after the initial implementation date.
(2) Prior to the initial implementation date, the Commission shall determine a schedule for the phase-in of customer choice. The Commission may, in its discretion, forego a phase-in and make customer choice available for all consumers on the initial implementation date.
(c) The Commission may delay the initial implementation date based on considerations of reliability, safety, or market power, but under no circumstances shall the initial implementation date be delayed beyond January 1, 2003.
(d)(1) Prior to the initial implementation date, the Commission may establish a pilot program.
(2)(A) A minimum of 10% of each customer class shall be eligible to participate in any pilot program established by the Commission.
(B) Notwithstanding any other provision of this chapter, any pilot program established by the Commission may include all commercial customers.
(C) Notwithstanding any other provision of this chapter, any pilot program established by the Commission may include competitive billing.
(e) The District of Columbia and its agencies and instrumentalities shall have the right to petition the Commission prior to the initial implementation date for permission to enter into an electricity supply contract with any electricity supplier. Purchases of electric power under the supply contract may commence at any time, and under terms and conditions, as may be designated by the Commission.
(f) Notwithstanding any other provision of this chapter, customer choice, including any pilot program under subsection (d) of this section and any supply contract under subsection (e) of this section, may not commence until legislation is enacted to conform District of Columbia taxes to the restructuring of the electric industry.
(May 9, 2000, D.C. Law 13-107, § 102, 47 DCR 1091.)
Section References
This section is referenced in § 34-1501, § 34-1504, and § 34-1509.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1503. Competitive billing

§ 34–1503. Competitive billing.
(a) Competitive billing shall begin on the initial implementation date and shall be implemented according to a schedule to be determined by the Commission. The Commission shall have the discretion to implement competitive billing for all customers on a single date.
(b) This section shall not preclude the Commission from including competitive billing as a part of any pilot program established by the Commission.
(May 9, 2000, D.C. Law 13-107, § 103, 47 DCR 1091.)
Section References
This section is referenced in § 34-1504.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1505. Licensing requirements

§ 34–1505. Licensing requirements.
(a) All electricity suppliers must obtain a license issued by the Commission in order to do business in the District of Columbia.
(b) An application for an electricity supplier license shall:
(1) Be made to the Commission in writing on a form adopted by the Commission;
(2) Be verified by oath or affirmation;
(3) Be accompanied by an application fee determined by the Commission; and
(4) Contain the following:
(A) Proof of technical and managerial competence;
(B) Proof of compliance with all applicable requirements of the Federal Energy Regulatory Commission and any independent system operator or regional or system transmission operator to be used by the applicant;
(C) Proof of compliance with all applicable federal and District of Columbia environmental laws;
(D) Proof of financial integrity;
(E) Proof that the applicant has registered with the Department of Licensing and Consumer Protection to do business in the District of Columbia;
(F) An agreement or promise to be subject to all applicable taxes;
(G) An agreement or promise to comply with all of the requirements of this chapter and all orders and regulations of the Commission issued under this chapter; and
(H) Any other information required by the Commission.
(c) The Commission shall:
(1) Require an applicant to post a bond or other similar instrument if, in the Commission’s judgment, the bond or similar instrument is necessary to insure an applicant’s financial integrity;
(2) Establish the duration of a license issued under this section, procedures and requirements for license renewal, and provisions regarding the surrender and lapse of a license; and
(3) Establish any other requirements for an applicant that the Commission determines to be in the public interest.
(d) A license may not be transferred without the prior approval of the Commission.
(e) All monies collected by the Commission under this section shall be used exclusively for the daily operations of the Commission.
(f) Notwithstanding any other provision of this chapter, a consolidator may be required by the Commission to file a statement of intent to serve as a consolidator and to provide to the Commission such other information as reasonably may be related to the requirements of the Commission for monitoring the activities of consolidators.
(May 9, 2000, D.C. Law 13-107, § 105, 47 DCR 1091; Apr. 5, 2021, D.C. Law 23-269, § 501(r), 68 DCR 001490.)
Section References
This section is referenced in § 34-1504 and § 34-1513.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1506. Duties of the electric company

§ 34–1506. Duties of the electric company.
(a)(1) The electric company shall provide distribution services to all customers and electricity suppliers on rates, terms of access, and conditions that are comparable to the electric company’s own use of its distribution system. The electric company shall not operate its distribution system in a manner that favors the electricity supply of the electric company’s affiliates.
(2) To the extent this provision is not preempted by federal law or regulation, the electric company shall provide transmission services to all customers and electricity suppliers on rates, terms, and conditions that are comparable to the electric company’s own use of its transmission system.
(b) The electric company shall maintain the reliability of its distribution system in accordance with applicable orders, tariffs, and regulations of the Commission.
(May 9, 2000, D.C. Law 13-107, § 106, 47 DCR 1091.)
Section References
This section is referenced in § 34-1504.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1508. Investigation of violations, penalties for violations

§ 34–1508. Investigation of violations, penalties for violations.
(a) For a violation of any provision of this chapter or a violation of any regulation or order issued under this chapter, after notice and a hearing, the Commission may:
(1) Suspend or revoke a license of a market participant;
(2) Impose a civil penalty on a market participant or the electric company;
(3) Order a refund or credit to a customer;
(4) Cancel a contract or part of a contract between a customer and a market participant; or
(5) Issue a cease and desist order to a market participant or the electric company.
(b)(1) A civil penalty imposed by the Commission under this section shall not exceed $10,000 per violation.
(2) The Commission shall determine the amount of the civil penalty after considering:
(A) The number of previous violations on the part of the market participant or the electric company;
(B) The gravity and duration of the current violation; and
(C) The good faith of the market participant or the electric company in attempting to achieve compliance after notification of the violation.
(c) The Commission may temporarily suspend a license, issue a temporary cease and desist order, or take any other appropriate temporary remedial action, pending a final determination after notice and hearing, if the Commission determines that there is reasonable cause to believe that customers or the reliability of electric supply in the District of Columbia will be harmed by the actions of a market participant or the electric company.
(d) A proceeding under this section may be initiated by the Commission, the Office of the People’s Counsel, the Office of the Corporation Counsel, or any aggrieved party.
(e) In connection with a proceeding under this section, a market participant or the electric company shall provide to the Commission access to any accounts, books, papers, and documents which the Commission considers necessary to resolve the matter.
(May 9, 2000, D.C. Law 13-107, § 108, 47 DCR 1091.)
Section References
This section is referenced in § 34-1504.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1511. Recovery for public purpose programs

§ 34–1511. Recovery for public purpose programs.
(a)(1) The electric company may make an application to the Commission to recover all costs that have been or will be incurred by the electric company under public purpose programs established by law or ordered by the Commission, including the consumer education program established under § 34-1504. To the extent the costs are determined by the Commission to be just and reasonable, the Commission shall allow the electric company to recover the costs.
(2) In determining whether an electric company should be permitted to recover costs described in paragraph (1) of this subsection, the Commission shall ensure that such costs:
(A) Have not been or will not be recovered through rates charged by the electric company;
(B) Have not been or will not be recovered through the sale of any or all of the electric company’s generation assets; or
(C) Have not or will not be recovered through a competitive transition charge imposed under § 34-1510.
(b) All costs recoverable under this section may be recovered through a surcharge or other appropriate cost recovery mechanism to be determined by the Commission.
(May 9, 2000, D.C. Law 13-107, § 111, 47 DCR 1091.)
Section References
This section is referenced in § 34-1509.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1513. Provision of electricity supply by the electric company

§ 34–1513. Provision of electricity supply by the electric company.
(a) Other than its provision of standard offer service, the electric company shall not engage in the business of an electricity supplier in the District of Columbia except through an affiliate.
(b) An affiliate of the electric company must obtain a license under § 34-1505 to engage in the business of an electricity supplier in the District of Columbia.
(c) The Commission shall develop a code of conduct between the electric company and its affiliate which establishes functional, operational, structural, and legal separation between the electric company and the affiliate, and which prevents the electric company from subsidizing the activities of the affiliate. The code of conduct required by this subsection shall include the following protections:
(1) A prohibition on the release of proprietary customer information from the electric company to the affiliate;
(2) A prohibition on the use by the affiliate of office space owned and used by the electric company;
(3) A prohibition on the sharing of employees by the electric company and the affiliate;
(4) A requirement that the electric company and the affiliate maintain separate books and records; and
(5) A requirement that the electric company and the affiliate allocate and account for all shared corporate services.
(May 9, 2000, D.C. Law 13-107, § 113, 47 DCR 1091.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1514. Reliable Energy Trust Fund; public purpose programs. [Repealed]

§ 34–1514. Reliable Energy Trust Fund; public purpose programs. [Repealed]
Repealed.
(May 9, 2000, D.C. Law 13-107, § 114, 47 DCR 1091; Apr. 12, 2005, D.C. Law 15-342, § 304(b), 52 DCR 2346; Sept. 18, 2007, D.C. Law 17-20, § 2072, 54 DCR 7052; Oct. 22, 2008, D.C. Law 17-250, § 212(a)(1), 55 DCR 9225.)
Effect of Amendments
D.C. Law 15-342, in subsec. (b)(2)(C), substituted “kilowatt-hour, but shall not be less than $.0001 per kilowatt hour. Collection shall commence as of February 1, 2005.” for “kilowatt-hour.”; and added subsec. (e).
D.C. Law 17-20, in subsec. (a)(4), substituted “programs, including research, reports, and studies, ” for “programs”; and, in subsec. (c), added pars. (2)(B)(iii-I) and (4).
Emergency Legislation
For temporary (90 day) amendment of section, see § 304(b) of Omnibus Utility Emergency Amendment Act of 2005 (D.C. Act 16-12, January 28, 2005, 52 DCR 2945).
For temporary (90 day) amendment of section, see § 2072 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) repeal of section, see § 212(a) of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008, 55 DCR 10856).
Short Title
Short title: Section 2071 of D.C. Law 17-20 provided that subtitle H of title II of the act may be cited as the “Reliable Energy Trust Fund Amendment Act of 2007”.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1516. New generating facilities in the District of Columbia

§ 34–1516. New generating facilities in the District of Columbia.
No person shall construct an electric generating facility for the purpose of the retail or wholesale sale of electricity unless the Commission first determines, after notice and a hearing, that the construction of the electric generating facility is in the public interest.
(May 9, 2000, D.C. Law 13-107, § 116, 47 DCR 1091.)
Section References
This section is referenced in § 34-1504.
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1517. Renewable energy sources

§ 34–1517. Renewable energy sources.
(a) For the purposes of this section, “renewable energy source” means one of the following sources of energy:
(1) Solar;
(2) Wind;
(3) Tidal;
(4) Geothermal;
(5) Biomass;
(6) Hydroelectric facilities; and
(7) Digester gas.
(b) Every 6 months after the initial implementation date, each licensed electricity supplier doing business in the District of Columbia shall report to the Commission on the fuel mix of the electricity sold by the electricity supplier, including categories of electricity from coal, natural gas, nuclear, oil, hydroelectric, solar, biomass, wind, and other resources, and on the percentage of electricity sold by the electricity supplier which comes from renewable energy sources.
(c)(1) Beginning on the initial implementation date, the Commission shall track the fuel mix of the electricity sold in the District of Columbia and the amount of electricity from renewable sources sold in the District of Columbia.
(2) Before July 1, 2003, and every 2 years after that date, the Commission shall provide a report to the Council on the overall fuel mix of the electricity sold in the District of Columbia, the amount of electricity sold in the District of Columbia which comes from renewable energy sources, and on the feasibility of requiring each licensed electricity supplier doing business in the District of Columbia to provide a minimum percentage of electricity sold from renewable energy sources.
(May 9, 2000, D.C. Law 13-107, § 117, 47 DCR 1091.)
2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 15 - Retail Electric Competition and Consumer Protection › § 34–1519. Sale of generation assets

§ 34–1519. Sale of generation assets.
(a) In overseeing a sale by the electric company of any or all of its generation assets, the Commission shall ensure that the sale:
(1) Will not affect the reliability of the electricity supply in the District of Columbia in a deregulated electricity supply market; and
(2) Will minimize market power problems in a deregulated electricity supply market.
(b)(1) The electric company shall not sell any of its generation assets to an affiliate of the electric company.
(2)(A) By the initial implementation date, the electric company shall transfer at book value any unauctioned generation assets to an affiliate of the electric company.
(B) Relations between the affiliate identified in subparagraph (A) of this paragraph and the electric company shall be governed by a code of conduct to be issued by the Commission, which establishes functional, operational, structural, and legal separation between the electric company and the affiliate and prevents the electric company from subsidizing the activities of the affiliate. The code of conduct required by this subsection shall include the following protections:
(i) A prohibition on the release of proprietary customer information from the electric company to the affiliate;
(ii) A prohibition on the use by the affiliate of office space owned or used by the electric company;
(iii) A prohibition on the sharing of employees by the electric company and the affiliate;
(iv) A requirement that the electric company and the affiliate maintain separate books and records; and
(v) A requirement that the electric company and the affiliate allocate and account for all shared expenses.
(c)(1) Beginning on the initial implementation date, the electric generating facility at Benning Road in the District of Columbia may only be dispatched by PJM, or must run for local reliability, thus ensuring the reliability of electricity supply in the District of Columbia.
(2) Beginning on the initial implementation date, the electric generating facility at Buzzard’s Point in the District of Columbia may only be dispatched by PJM, or must run for local reliability, thus ensuring the reliability of electricity supply in the District of Columbia.
(d) Within 2 years after a sale by the electric company of its electric generating facilities at Benning Road and Buzzard’s Point in the District of Columbia, the Commission shall report to the Council on the feasibility of decommissioning those electric generating facilities.
(May 9, 2000, D.C. Law 13-107, § 119, 47 DCR 1091.)