§ 8–1774.11. Energy Assistance Trust Fund.

(a)(1) There is established as a nonlapsing fund the Energy Assistance Trust Fund, which shall be used solely for the purposes stated in subsection (c) of this section. The Energy Assistance Trust Fund shall be funded by an assessment on the natural gas and electric companies under subsection (b) of this section. All funds collected from these sources shall be deposited into the EATF and be disbursed by the Fiscal Agent.

(2) All funds deposited into the Energy Assistance Trust Fund, and any interest earned on the funds, 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, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(b)(1) There is imposed upon sales of the gas company an assessment of $0.0083359 per therm.

(2) There is imposed upon the sales of the electric company an assessment of $0.0002322 per-kilowatt hour; provided, that there is imposed upon the sales of the electric company an additional assessment of $0.00069 per-kilowatt hour for the months of June through September 2010.

(3) The assessments shall be paid to the Fiscal Agent before the 21st day of each month, beginning in November, 2008, or the first 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 sales 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)(1) Except as described in paragraph (2) of this subsection, the Energy Assistance Trust Fund shall be used solely to fund the existing low-income program, and the Mayor shall have the fund audited every 2 years to ensure that the assessment imposed pursuant to subsection (b)(1) of this section is appropriately set to fund the low-income program funded by the EATF.

(2) In Fiscal Year 2022, the Energy Assistance Trust Fund also may be used to fund weatherization assistance for low-income District residents.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to modify the assessments under subsection (b) of this section and the programs funded by the EATF.

(e) The DOEE shall submit to the Council a quarterly report detailing:

(1) Expenditures from the EATF; and

(2) The performance of EATF programs operated by the DOEE.

(Oct. 22, 2008, D.C. Law 17-250, § 211, 55 DCR 9225; July 23, 2010, D.C. Law 18-195, § 2(c), 57 DCR 4519; Apr. 8, 2011, D.C. Law 18-370, § 612(c), 58 DCR 1008; Feb. 26, 2015, D.C. Law 20-155, § 2102(b), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 6042(k), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 6102, 64 DCR 7652; Nov. 13, 2021, D.C. Law 24-45, § 6092, 68 DCR 010163.)

Section References

This section is referenced in § 8-1773.01.

Effect of Amendments

D.C. Law 18-195 rewrote subsecs. (b)(2) and (c); and, in subsec. (b)(4), substituted “established by the Commission” for “operated by DDOE”.

D.C. Law 18-370 rewrote subsec. (c), which had read as follows: “(c) The Energy Assistance Trust Fund shall be used solely to fund the existing low-income programs in the amount of $2.3 million annually; provided, that the EATF shall also be used to fund the Residential Aid Discount program in the amount of $5.2 million in fiscal year 2010. The Commission may examine and reconcile any differences between the actual discount provided to customers under the Residential Aid Discount program in fiscal year 2010 and the amount collected through the assessment imposed by subsection (b) of this section. If the assessment for June through September 2010 is not sufficient to fund the program, the Commission may provide for an assessment that allows the electric company to recover the difference from its customers. If the assessment for June through September 2010 is greater than the actual discount, the Commission may require the electric company to return any overcollection to its customers.”

The 2015 amendment by D.C. Law 20-155 substituted “.0051” for “.006” in (b)(1); and substituted “program in the amount of $ 2.33 million annually, and the Mayor shall have the fund audited every 2 years to ensure that the assessment imposed pursuant to subsection (b)(1) of this section is appropriately set to fund the low-income program funded by the EATF” for “programs in the amount of $ 2.409 million in fiscal year 2011, and $ 2.6 million annually thereafter” in (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6092 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 § 6102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 211 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(b) 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 Residential Aid Discount Subsidy Stabilization Emergency Amendment Act of 2009 (D.C. Act 18-155, July 28, 2009, 56 DCR 6346).

For temporary (90 day) amendment of section, see § 2(c) 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 § 612(c) 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 days) amendment of this section, see § 2102(b) 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 § 2102(b) 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 § 2102(b) 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).

Temporary Legislation

Section 2(b) of D.C. Law 18-56, in subsec. (c)(1), substituted “annually; provided, that an additional $1,563,000 may be expended in fiscal year 2009” for “annually”.

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 18-81, in subsec. (b)(2), substituted “$.0004 per-kilowatt hour; provided, that there is imposed upon the sales of the electric company an additional assessment of $.0016 per-kilowatt hour for the month of September 2009 only” for “$.0004 per-kilowatt hour”; in subsec. (c)(2), substituted “annually; provided, that the subsidy shall be in the amount of $5.207 million for Fiscal Year 2009” for “annually”; and added subsec. (f), which had read as follows:

“(f) The Mayor may make a payment to PEPCO in the amount of $1,022, 428.16 from the Energy Assistance Trust Fund as a final accounting and reconciliation for the Fiscal Year 2008 expenditures of the Residential Aid Discount Program.”.

Section 4(b) of D.C. Law 18-81 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

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 613 of D.C. Law 18-370 provided: “Sec. 613. Applicability. This subtitle shall apply as of October 1, 2010.”