§ 8–1774.09. Renewable energy incentive program.

(a) There is established a rebate program that shall provide funding to the owners of the following new renewable energy generation systems in the District of Columbia:

(1) Solar photovoltaic;

(2) Solar thermal;

(3) Geothermal;

(4) Wind;

(5) Biomass; and

(6) Methane or waste-gas capture.

(b) The program shall provide funding in the following amounts:

(1) The amount of $3 for each of the first 3,000 installed watts or watt-equivalents of capacity;

(2) The amount of $2 for each of the next 7,000 installed watts or watt-equivalents of capacity; and

(3) The amount of $1 for each of the next 10,000 installed watts or watt-equivalents of capacity.

(d) The program shall receive funding from the SETF as set forth in § 8-1774.10.

(e) DOEE shall allocate 1/2 of the funds available annually every 6 months.

(f) DOEE shall only fund systems installed in the District of Columbia.

(g) Applications shall be considered and approved or rejected in the order in which they are received. Rebate payments shall be awarded immediately upon receipt by DOEE of the invoice for the purchase of the renewable energy generating equipment.

(h)(1) An owner shall have 6 months from the date of the approval of its rebate application to complete the installation.

(2) DOEE shall visit each project site to verify the completion of each project upon the earlier of 14 days of notification by the owner of the completion of the project or 6 months after DOEE approves the project for funding. If the project has not been completed, the DOEE may, in its discretion, allow the owner up to an additional 6 months to complete the installation. If the owner fails to complete the installation within the period allowed under paragraph (1) of this subsection, it shall return the amount of the rebate within 30 days after the expiration of such period. If the owner fails to return the rebate money within 30 days after the expiration of such period, this subsection shall constitute a lien on all of the property, real or personal, of the owner to secure repayment of the rebate.

(i) Within 90 days after October 22, 2008, the DOEE shall post, and update monthly, on the website required by § 8-1774.06, information about the rebate program, including:

(1) The date that funds shall be made available;

(2) A printable copy of the rebate application determined by DOEE;

(3) The amount of rebate funds remaining to be awarded; and

(4) The amount of rebate funds awarded.

(j) The application form for the rebate shall be substantially the same as the application for the analogous program in use in Maryland as of the date of the program.

(k) Within 90 days after October 22, 2008, the DOEE shall define a method for converting the heating and cooling capacity of solar thermal and geothermal systems to kilowatt equivalents to permit such systems to qualify for rebates under this program.

(l) Subject to the limitations in subsection (b) of this section, the Mayor may issue guidelines that adjust the rebate amounts of the incentive program to reflect market conditions and the prevailing prices of renewable energy systems.

(m) DOEE may pay for the installation of monitoring and communications systems, for collecting generation data from renewable energy systems funded by the rebate program and transmitting it to a designated web site; provided, that the system owner shall permit the DOEE to make the data publicly accessible on the DOEE website.

(Oct. 22, 2008, D.C. Law 17-250, § 209, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(d), 58 DCR 22; Oct. 8, 2016, D.C. Law 21-160, § 6042(i), 63 DCR 10775.)

Section References

This section is referenced in § 8-1774.05, § 8-1774.10, and § 47-1803.02.

Effect of Amendments

D.C. Law 18-331 rewrote subsec. (l), which had read as follows: “(l) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to modify the incentive program as market conditions dictate.”

Emergency Legislation

For temporary (90 day) addition, see § 209 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 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 amendment of (c), see § 2(a) 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 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.

Temporary Legislation

Section 2(a) of D.C. Law 18-214, in subsec. (e), substituted “every 6 months; provided, that this subsection shall not apply to fiscal year 2011” for “every 6 months”.

Section 4(a) of D.C. Law 18-214 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 122(a) of D.C. Law 19-262 would have substituted “2013” for “2012” in (c).

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.