Chapter 17N. Sustainable Energy.

Subchapter I. Definitions.

§ 8–1773.01. Definitions.

For the purposes of this chapter, the term:

(1) “Commission” means the Public Service Commission.

(2) "DOEE" means the Department of Energy and Environment.

(3) “Electric company” shall have the same meaning as in § 34-207.

(4) “Energy Assistance Trust Fund” or “EATF” means the Energy Assistance Trust Fund established under § 8-1774.11.

(4A) “ENERGY STAR Portfolio Manager” means the ENERGY STAR Portfolio Manager tool developed by the Environmental Protection Agency, or any alternative approved by the Mayor that rates the performance of a qualifying building, relative to similar buildings nationwide, accounting for the impacts of year-to-year weather variations, building size, location, and several operating characteristics, using the Environmental Protection Agency’s national energy performance rating system.

(5) “Existing electricity programs” means those programs operated by DOEE under the names “Weatherization Plus,” “Low Income Appliance Replacement Program,” and “Weatherization and Rehabilitation.”

(6) “Existing low-income program” means the program operated under the name “LIHEAP Expansion and Energy Education”.

(7) “Existing natural gas programs” means those programs proposed or operated by DOEE under the names “Heating System Repair, Replacement, and Tune-Up Program,” “Residential Weatherization and Efficiency Program,” “Energy Awareness Program”. and “Saving Energy in D.C. Schools.”

(8) “Fiscal Agent” means the Office of the Chief Financial Officer.

(9) “Gas company” shall have the same meaning as in § 34-209.

(10) “Green-collar jobs” means jobs in the environmental sector of the economy which jobs may involve the implementation of environmentally-conscious design, policy, or technology.

(11) “OIML” means the International Association of Legal Metrology.

(12) “Request for Proposals” or “RFP” means the request for proposals prepared by DOEE for the SEU.

(13) “Residential Aid Discount” means the utility discount program offered by the electric company to low-income electricity customers in the District of Columbia.

(14) “Residential Essential Service” means the utility discount program offered by the gas company to low-income natural gas customers in the District of Columbia.

(15) “Solar thermal systems” means systems which utilize the sun’s radiation to efficiently heat fluids or air.

(16) “SRCC” means the Solar Rating and Certification Corporation.

(17) “Substantial improvement” has the same meaning as in section 202 of Title 12J of the District of Columbia Municipal Regulations (12J DCMR § 202).

(18) “Sustainable Energy Trust Fund” or “SETF” means the Sustainable Energy Trust Fund established under § 8-1774.10.

(19) “Sustainable Energy Utility” or “SEU” means the private contractor selected to develop, coordinate, and provide programs for the purpose of promoting the sustainable use of energy in the District of Columbia.

(20) “Sustainable Energy Utility Advisory Board”, “Advisory Board”, or “Board” means the board established under § 8-1774.03 that advises the DOEE on the procurement of the contract with the SEU and monitors the progress of the SEU under its contract.

(21) “Temporary electricity programs” means those programs operated by DOEE under the names “Affordable Housing Energy Efficient Rebate Program”, “Weatherization Rehabilitation Asset Partnership”, and “Home Energy Rating System”.

(22) “Utility or energy company” means a company distributing, supplying, or transmitting electricity or natural gas in the District of Columbia.

(Oct. 22, 2008, D.C. Law 17-250, § 101, 55 DCR 9225; July 23, 2010, D.C. Law 18-195, § 2(a), 57 DCR 4519; Sept. 26, 2012, D.C. Law 19-171, § 62(a), 59 DCR 6190; Dec. 17, 2014, D.C. Law 20-142, § 101(a), 61 DCR 8045; Feb. 26, 2015, D.C. Law 20-155, § 2102(a), 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-160, § 6042(a), 63 DCR 10775.)

Effect of Amendments

D.C. Law 18-195 rewrote par. (6), which had read as follows: “(6) ‘Existing low-income programs’ means those programs operated by the District Department of the Environment under the names ‘LIHEAP Expansion and Energy Education,’ ‘RAD Expansion,’ ‘RAD Arrearages Retirement and Education Program,’ and ‘Residential Essential Service Expansion and Awareness Program’.”

The 2012 amendment by D.C. Law 19-171 substituted “Green-collar” for “Green collar” in (10); and validated previously made technical corrections in (3) and (22).

The 2014 amendment by D.C. Law 20-142 added (4A).

The 2015 amendment by D.C. Law 20-155 rewrote (6).

Emergency Legislation

For temporary (90 day) addition, see § 101 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 Residential Aid Discount Subsidy Stabilization Emergency Amendment Act of 2010 (D.C. Act 18-398, May 10, 2010, 57 DCR 4362).

For temporary (90 days) amendment of this section, see § 2102(a) 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(a) 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(a) 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).

Editor's Notes

Section 801 of D.C. Law 17-250 provided: “Sec. 801. Applicability. This act shall apply on the later of October 1, 2008, or the effective date of this act.”

Applicability of D.C. Law 20-142: Section 502(a) of D.C. Law 20-142 provided that Title I of the act, §§ 101-111, shall apply as of January 1, 2015.

Subchapter II. Management of Sustainable Energy Programs.

§ 8–1774.01. Contract with a Sustainable Energy Utility.

(a) The Mayor, by, and through DOEE, shall contract with a SEU to conduct sustainable energy programs on behalf of the District of Columbia.

(b) The SEU shall be a private entity.

(d) The SEU contract shall:

(1) Provide minimum performance benchmarks consistent with the purposes of this chapter, including:

(A) Reducing energy consumption in the District;

(B) Increasing renewable energy generating capacity in the District;

(C) Increasing the energy efficiency and renewable energy generating capacity of low-income housing, shelters, clinics, or other buildings serving low-income residents in the District; and

(D) Increasing the number of green-collar jobs in the District; and

(2) Require the SEU to track and report to DOEE, at least semiannually, on the reduction of the growth in peak electricity demand and the reduction in the growth of energy demand of the District’s largest energy users due to SEU programs.

(e) The SEU contract shall be funded by the SETF. The SEU contract may also be funded by any other source of funding available to the Mayor, including:

(1) Federal funds;

(2) Private funds, subject to DOEE approval; and

(3) Other District funds.

(f) All funds used to support the SEU contract shall be managed by the Fiscal Agent.

(g) The SEU contract shall permit coordination with any similar private entity operating in an adjacent or nearby jurisdiction.

(h) The use of private grant money by the SEU shall be subject to DOEE approval.

(i) Notwithstanding the provisions of Unit A of Chapter 3 of Title 2 [§ 2-301.01 et seq.], the SEU contract shall be awarded pursuant to the procedure set forth under this subchapter.

(Oct. 22, 2008, D.C. Law 17-250, § 201, 55 DCR 9225; Feb. 26, 2015, D.C. Law 20-155, § 6062(a), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6092(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(b), 63 DCR 10775.)

Section References

This section is referenced in § 8-1774.02, § 8-1774.03, and § 8-1774.04.

Effect of Amendments

The 2015 amendment by D.C. Law 20-155 rewrote (d)(4).

The 2015 amendment by D.C. Law 21-36 rewrote (d).

Emergency Legislation

For temporary (90 day) addition, see § 201 of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008, 55 DCR 10856).

For temporary (90 days) amendment of this section, see § 6072(a) 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(a) 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(a) 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 § 6092(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

§ 8–1774.02. Structure of the SEU contract.

(a) The initial SEU contract shall be for a period of not less than 5 years. Upon the expiration of the initial SEU contract, including any option years, subsequent SEU contracts shall be multiyear contracts of not less than 4 years. If options to extend the SEU contract are included in subsequent SEU contracts, the option periods shall be for not less than 2 years.

(b) The SEU contract shall be funded as provided in § 8-1774.01(e).

(c) The SEU contract shall be performance-based and shall provide financial incentives for the SEU to surpass the performance benchmarks set forth in the SEU contract. The SEU contract shall also provide financial penalties to be applied to the SEU if the SEU fails to meet the required performance benchmarks.

(d) The SEU contract shall require that the SEU energy efficiency programs shall, when taken as a whole, meet the societal benefit test on a contract-term basis.

(e) Each bid shall detail how the contractor proposes to nearly meet, meet, or exceed each performance benchmark. The performance benchmarks shall be set forth in the bid.

(f) The SEU contract shall permit the programs, benchmarks, and level of funding to be changed at any time with the approval of both the SEU and the DOEE. No change to the funding shall allow the Mayor to exceed the SETF funding limits set forth in § 8-1774.10.

(g) The SEU contract shall be revocable if the SEU fails to meet the performance benchmarks of the contract.

(h) Repealed.

(i) Repealed.

(j) Repealed.

(k) The SEU contract shall provide that the SEU shall submit, to the DOEE and Board, a quarterly report detailing expenditures under the contract and performance of SEU programs.

(Oct. 22, 2008, D.C. Law 17-250, § 202, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(a), 58 DCR 22; Feb. 26, 2015, D.C. Law 20-155, § 6062(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6092(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(c), 63 DCR 10775; Mar. 22, 2019, D.C. Law 22-257, § 201(a), 66 DCR 1344.)

Effect of Amendments

D.C. Law 18-331, in subsec. (d), substituted “energy efficiency programs” for “program”.

The 2015 amendment by D.C. Law 20-155 added the last two sentences in (a).

The 2015 amendment by D.C. Law 21-36 substituted “on a contract-term basis” for “on an annual and contract-term basis” in (d); and substituted “75% of the amount” for “75%, and no greater than 125%, of the amount” in (h) and (i).

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(a) 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.

Emergency Legislation

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) 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 day) addition, see § 202 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 Sustainable Energy Utility Emergency Amendment Act of 2010 (D.C. Act 18-521, July 30, 2010, 57 DCR 7999).

For temporary (90 days) amendment of this section, see § 6072(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 § 6062(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 1091, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 6062(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).

For temporary (90 days) amendment of this section, see § 6092(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 2(a) of D.C. Law 18-269, in subsec. (d), substituted “energy efficiency programs” for “program”.

Section 4(b) of D.C. Law 18-269 provided that the act shall expire after 225 days of its having taken effect.

§ 8–1774.03. Establishment of a Sustainable Energy Utility Advisory Board.

(a) There is established a Sustainable Energy Utility Advisory Board whose purpose shall be to:

(1) Provide advice, comments, and recommendations to the DOEE and Council regarding the procurement and administration of the SEU contract described in §§ 8-1774.01 and 8-1774.02[;]

(2) Advise the DOEE on the performance of the SEU under the SEU contract; and

(3) Monitor the performance of the SEU under the SEU contract.

(b) The Board shall be comprised of:

(1) The Mayor, or his or her designee, who shall chair the Advisory Board;

(2) The People’s Counsel or his or her designee;

(3) The Chair of the Public Service Commission or his or her designee;

(4) One member appointed by the Chairman of the Council committee with oversight of DOEE;

(5) One member appointed by the Chairman of the Council;

(6) One member, appointed by the Mayor, representing the renewable energy industry;

(7) One member, appointed by the Mayor, representing an environmental group;

(8) One member, appointed by the Mayor, representing the low-income community;

(9) One member, appointed by the Mayor, representing the building construction industry;

(10) One member, appointed by the Mayor, representing the building management industry;

(11) One member, appointed by the Mayor, representing the economic development community with particular expertise in the generation of green-collar jobs;

(12) One member, appointed by the Mayor, representing the electric company; and

(13) One member, appointed by the Mayor, representing the gas company.

(c) Each member of the Advisory Board appointed by the Mayor or Council shall have demonstrable expertise in energy efficiency or renewable energy.

(d) Board members shall be entitled to reimbursement for expenses, including transportation, parking, mileage expenses, and conference admission fees incurred in the performance of official duties of the Board. The reimbursement shall be limited to $2,000 per board member per year.

(e) Each member of the Board shall serve a 3-year term.

(f) The Mayor, Council Chairman, or Chairman of the Council committee with oversight of DOEE may replace any appointee at any time, but shall not replace the appointee to any individual position more than 2 times per calendar year.

(g) Any Board member who is an employee of the District government, or who serves on the Board as the representative of a particular organization, group, business, or other entity, including an elected official, shall be removed from the Board upon leaving the employment of the District government, elected office, or other entity, as applicable.

§ 8–1774.04. Operations of the Sustainable Energy Utility Advisory Board.

(a) Within 45 days after October 22, 2008, the Mayor, Council Chairman, and Chairman of the Council committee with oversight of DOEE shall appoint the respective members of the Board.

(b) Within 120 days after October 22, 2008, the Board shall adopt rules and procedures governing its meetings and decisionmaking processes. The procedures shall include a formal means for members of the Board to submit their dissent from the recommendations of the Board with the comments of the Board provided to the DOEE.

(d) Repealed.

(e) Repealed.

(f) During the term of a SEU contract, the Board shall meet quarterly with representatives from the SEU to monitor the performance of the SEU and programs operated by the SEU.

(g) The Board shall annually prepare and present a report on the progress of the SEU to the Council within 90 days after the conclusion of the independent review of the performance and expenditures of the SEU under § 8-1774.05(k). DOEE shall make the report available to the public on its website within 10 days after its submission to the Council.

(h) The Board may convene any subcommittees and working groups it considers appropriate without any limitation as to the membership of such groups.

(i) All Board meetings shall be subject to the open meeting provisions contained in § 1-207.42.

(j) The DOEE shall provide staff resources to the Board and coordinate the involvement of staff from the Public Service Commission, Office of the People’s Counsel, and any other appropriate agency or organization as necessary for the Board to fulfill its mandate.

(Oct. 22, 2008, D.C. Law 17-250, § 204, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(b), 58 DCR 22; Oct. 22, 2015, D.C. Law 21-36, § 6092(c), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(e), 63 DCR 10775.)

Section References

This section is referenced in § 8-1774.05.

Effect of Amendments

D.C. Law 18-331 repealed subsec. (e), which had read as follows: “(e) Within 60 days of the final submission of bids for the contract for the SEU, the Board shall submit to the DDOE and Council comments on the bids submitted for the SEU contract.”

Emergency Legislation

For temporary (90 day) addition, see § 204 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 Sustainable Energy Utility Emergency Amendment Act of 2010 (D.C. Act 18-521, July 30, 2010, 57 DCR 7999).

For temporary (90 days) amendment of this section, see § 6092(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 2(b) of D.C. Law 18-269 repealed subsec. (e).

Section 4(b) of D.C. Law 18-269 provided that the act shall expire after 225 days of its having taken effect.

§ 8–1774.05. Implementation of the Sustainable Energy Utility contract.

(a) The DOEE shall be responsible for the procurement and monitoring of the contract for the SEU, including:

(1) Drafting and revising the RFP for the SEU;

(2) Staffing the Advisory Board;

(3) Accepting the bids for the SEU contract;

(4) Reviewing bids for the SEU contract; and

(5) All other responsibilities not otherwise expressly delegated to another entity for purposes of operation under this chapter.

(b) At least 90 days before issuing a new RFP for the SEU contract, DOEE shall solicit recommendations from the Board and the public for performance benchmarks for the contract. In preparing the RFP, DOEE shall hold an industry day to solicit the advice and input of private entities that may bid on the contract.

(d) Repealed.

(e) If the DOEE determines that there is not a sufficient bid, DOEE shall modify the RFP, if necessary, and solicit additional bids.

(f) The DOEE shall maintain the brand name adopted pursuant to § 8-1774.06.

(g) The DOEE shall administer the transition from one SEU to another.

(h) Prior to the execution of the contract with the SEU, $775,000 shall be allocated annually for the purposes of:

(1) Preparing the RFP;

(2) Staffing the Board;

(3) Maintaining the brand name adopted pursuant to § 8-1774.06; and

(4) Operating the renewable energy rebate program established by § 8-1774.09.

(i) After the execution of the contract with the SEU, 10% of the annual cost of the SEU contract shall be allocated to DOEE for administrative costs.

(j) The DOEE shall submit to the Council, within 90 days following the end of each fiscal year, a report detailing the expenditures of money from the SETF and EATF during the previous fiscal year. The DOEE shall make this document available to the public on its website within 10 days of its receipt.

(k) The DOEE shall commission, on an annual basis, an independent review of the performance and expenditures of the SEU and shall provide the results of this review to the Board and Council within 6 months of the conclusion of each year of the SEU contract.

(Oct. 22, 2008, D.C. Law 17-250, § 205, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(c), 58 DCR 22; Apr. 8, 2011, D.C. Law 18-370, § 612(a), 58 DCR 1008; Oct. 22, 2015, D.C. Law 21-36, § 6092(d), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(f), 63 DCR 10775.)

Section References

This section is referenced in § 8-1774.04 and § 8-1774.10.

Effect of Amendments

D.C. Law 18-331 repealed subsec. (d), which had read as follows: “(d) Within 30 days of the completion of the bidding period, the DDOE shall submit the bids to the Board. The Board shall have 30 days to recommend a bidder or, failing the submission of a bid considered adequate by the Board, recommend the modification of the RFP.”

D.C. Law 18-370, in subsec. (h), substituted “$775,000” for “$1 million”.

Emergency Legislation

For temporary (90 day) addition, see § 205 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(c) of Sustainable Energy Utility Emergency Amendment Act of 2010 (D.C. Act 18-521, July 30, 2010, 57 DCR 7999).

For temporary (90 day) amendment of section, see § 612(a) 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 § 6092(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 2(c) of D.C. Law 18-269 repealed subsec. (d).

Section 4(b) of D.C. Law 18-269 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 611 of D.C. Law 18-370 provided that subtitle B of title VI of the act may be cited as “Clean and Affordable Energy Second Amendment Act of 2010”.

Editor's Notes

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

§ 8–1774.06. Sustainable energy branding.

(a) Within 90 days after October 22, 2008, the DOEE shall determine a brand name for the provision of energy efficiency and renewable energy services in the District of Columbia.

(b) Within 90 days after October 22, 2008, the DOEE shall establish and maintain a website for the brand, with a web address of the brand name bracketed by www. and .org, .com, or .gov. The purpose of this website shall be to serve as a portal that will provide information about every energy efficiency and renewable energy program available to District residents and businesses, including those offered by:

(1) The DOEE;

(2) The SEU;

(3) The electricity or natural gas companies;

(4) The federal government;

(5) Nonprofit entities; and

(6) Any contractors or subcontractors for any of the entities set forth in paragraphs (1) through (5) of this subsection.

(d) The DOEE shall be responsible for working with providers of energy efficiency and renewable energy services to ensure that all information is accurate and up-to-date.

§ 8–1774.07. Electric company.

(a) Within 90 days of the completion of the record on Formal Case 945, the Commission shall issue an order regarding the demand-side management programs proposed by the electric company.

(b) In considering Formal Case 945, the Commission shall seek to approve those programs that:

(1) Can be implemented most quickly;

(2) Take advantage of the electric company’s frequent contact with customers; and

(3) Do not replicate the efforts of sustainable energy programs operated by the DOEE.

(d)(1) Within 30 days after the execution of a contract with the SEU, the electric company shall disclose, or allow access to, the aggregate energy use data for every rate class for electric company customers in the District of Columbia. Customer-specific information, including the customer’s name, account number, service address, phone number, and energy use data, shall not be provided without the customer’s express written consent.

(2) The electric company shall ensure the privacy of any and all customer information, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data, in making the disclosure. The SEU shall not sell or otherwise disclose any customer or billing information to any third party without express written authorization from the customer.

(3) The electric company shall not be liable for any damages resulting from its provision of customer energy use data to the SEU absent gross negligence. The SEU shall be liable for damages to the customer for any unauthorized use of customer information or data, including the electric company customer’s name, account number, service address, billing address, phone number, and energy use data.

(e) Within one year after October 22, 2008, all energy efficiency and renewable energy programs administered by the electric company and funded by the SETF shall be operated in coordination with the brand managed by the DOEE. To effectuate this mandate, the electric company shall:

(1) Prominently display the name and logo of the brand name on all advertisements of the programs;

(2) Include the website and phone number for the DOEE brand on all advertisements of the programs;

(3) Post a link to the brand website on all company webpages related to energy efficiency and renewable energy; and

(4) Provide timely, accurate, and comprehensive information regarding its programs to the DOEE to permit DOEE to include such information in material provided to the public.

(f)(1) The electric company shall undertake the following actions to provide a building owner with easier and more complete access to energy consumption data needed to promote energy conservation and comply with the benchmarking and reporting requirements in § 6-1451.03(c):

(A) Upon written or secure electronic authorization of a building owner or the owner’s authorized agent, aggregate the energy consumption of all meters identified as being in the building and provide the data, separated by month; provided, that the following conditions are met:

(i) Sufficient information, including building address, meter numbers, or account numbers, is provided to identify the building and meters;

(ii) At least 5 customer accounts are being aggregated, so as to obscure any customer-specific information; and

(iii) No customer account, other than an account registered to the building owner making the request, represents more than 80% of the total energy consumption for the building;

(B) Provide aggregate data for at least 2 years before the initial request and automatically update the monthly data on an ongoing basis at least once every 45 calendar days;

(C) Provide an online portal for a building owner to use to request the provision and transfer of aggregate account data, or individual customer account data the building owner is duly authorized to access, to manage requests made, and to discontinue active requests; and

(D) Upload requested electric consumption data automatically on an ongoing basis, at least once every 45 calendar days, to the requestor’s ENERGY STAR Portfolio Manager account, as well as make the data available for an account holder to download in a common format.

(2) Access to consumption data under this section shall be subject to any rules and regulations the Commission has adopted or may choose to adopt, where the rules do not conflict with this section.

(g)(1) Within 90 days of October 1, 2019, the Commission shall establish a working group, comprising the electric company and gas company, the SEU, and interested public stakeholders, to recommend long-term and annual energy savings metrics, quantitative performance indicators, and cost-effective standards to be adopted by the Commission for electric company or gas company energy efficiency and demand response programs.

(2) In addition to the recommendations required by paragraph (1) of this subsection, the working group shall consider recommendations regarding:

(A) Measures the Commission can take to ensure that any energy efficiency and demand response programs offered by the electric company or gas company do not impede District business or nonprofits currently operating in the District that provide energy efficiency and demand response programs; and

(B) Performance incentive mechanisms that are based on quantitative performance indicators.

(3) The working group shall transmit its recommendations to the Commission within 90 days after its first scheduled meeting.

(4) As of October 1, 2019, the electric company or gas company, after consultation and coordination with the Department of Energy and the Environment and the District SEU and its advisory board, may apply to the Commission to offer energy efficiency and demand reduction programs in the District that the company can demonstrate are not substantially similar to programs offered or in development by the SEU, unless the SEU supports such programs.

(5) An application submitted by the electric company or gas company pursuant to this subsection shall meet the long-term and annual energy savings metrics, which shall primarily benefit low- and moderate-income residential ratepayers to the extent possible, quantitative performance indicators, and cost-effective standards established by the Commission pursuant to paragraph (1) of this subsection.

(6) Consistent with the provisions set forth in § 34-1101, the Commission is authorized to approve an application by the electric company or gas company of energy efficiency and demand reduction program for their respective customers, including a multi-year program and cost recovery mechanisms to provide full and current cost recovery, including mechanisms to provide for a return on investment on capital and related costs, performance incentives, and surcharge mechanisms to be adjusted on at least an annual basis as approved by the Commission; provided, that the Commission finds the proposed program and cost recovery mechanisms as set forth in the application to be in the public interest and consistent with the District's public climate change commitments as determined by the Mayor, unlikely to harm or diminish existing energy efficiency or demand response markets in which District businesses are operating, and consistent with the long-term and annual energy savings metrics, quantitative performance indicators, and cost-effective standards established by the Commission pursuant to paragraph (1) of this subsection.

(7) Nothing in this subsection shall be construed to permit the electric company or the gas company to own an energy generation asset, or to otherwise alter the provisions prohibiting such ownership in Chapter 15 of Title 34.

(h) The electric company and gas company shall file an annual filing with the Commission, including independent third-party evaluation, measurement, and verification of their programs, to demonstrate compliance with:

(1) The energy efficiency and demand reduction program;

(2) Energy savings metrics, quantitative performance indicators, and cost-effective standards; and

(3) Cost recovery mechanisms of the program.

§ 8–1774.08. Natural gas company.

(a) Within 30 days after the execution of a contract with the SEU, the gas company shall disclose, or allow access to, the aggregate energy use data for every rate class for gas company customers in the District of Columbia. Customer-specific information, including the customer’s name, account number, service address, phone number, and energy use data, shall not be provided without the customer’s express written consent.

(b) The gas company shall ensure the privacy of any and all customer information, including the gas company customer’s name, account number, service address, billing address, phone number, and energy use data, in making the disclosure. The SEU shall not sell or otherwise disclose any customer or billing information to any third party without express written authorization from the customer.

(c) The gas company shall not be liable for any damages resulting from its provision of customer energy use data to the SEU absent gross negligence. The SEU shall be liable for damages to the customer for any unauthorized use of customer information or data, including the gas company customer’s name, account number, service address, billing address, phone number, and energy use data.

(d)(1) The gas company shall undertake the following actions to provide a building owner with easier and more complete access to energy consumption data needed to promote energy conservation and comply with the benchmarking and reporting requirements in § 6-1451.03(c):

(i) Sufficient information, including building address, meter numbers, or account numbers is provided to identify the building and meters;

(ii) At least 5 customer accounts are being aggregated; and

(iii) No customer account, other than an account registered to the building owner making the request, represents more than 80% of the total energy consumption for the building;

(B) Provide aggregate data for at least 2 years before the initial request and automatically update the monthly data on an ongoing basis at least once every 45 calendar days;

(D) Beginning no later than January 1, 2018, the gas company shall upload requested consumption data automatically on an ongoing basis, at least once every calendar days, to the requestor’s ENERGY STAR Portfolio Manager account, as well as make the data available for an account holder to download in a common format.

(2) Access to consumption data under this section shall be subject to any rules and regulations the Commission has adopted or may choose to adopt, where the rules do not conflict with this section.

§ 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.

§ 8–1774.10. Sustainable Energy Trust Fund.

(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;

(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 2023; and

(F) The amount of $.07515 in fiscal year 2024 and each fiscal year thereafter.

(G) Repealed.

(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;

(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 and fiscal year 2023;

(H) Repealed.

(I) Repealed.

(J) Repealed.

(K) Repealed.

(L) Repealed.

(M) Repealed.

(N) Repealed.

(O) Repealed.

(P) Repealed.

(Q) Repealed.

(R) The amount of $.0044001 in fiscal year 2024;

(S) The amount of $.0049001 in fiscal year 2025;

(T) The amount of $.0054001 in fiscal year 2026; and

(U) The amount of $.0059001 in fiscal year 2027 and each fiscal 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.

(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 § 6-1451.07(c)(2) through (7);

(19) Projects and programs intended to increase climate change resilience in the District through the use of sustainable energy resources, including infrastructure and structural improvements and energy storage devices or equipment;

(20) Implementation of the Climate Commitment Act of 2021, as introduced on May 24, 2021 (Bill 24-267) [D.C. Law 24-176];

(21) Implementation of the Clean Energy DC Building Code Amendment Act of 2021, as introduced on October 1, 2021 (Bill 24-420) [D.C. Law 24-177];

(22)(A) In Fiscal Years 2023, 2024, and 2025, awarding at least $600,000 per year in grants supporting the installation of energy storage systems connected to renewable energy generation systems in the District.

(B) The grantor shall allocate the awarded grants as follows:

(i) At least $500,000 per year for commercial systems; and

(ii) At least $100,000 per year for residential systems.

(i) For commercial systems:

(I) In FY 2023, at least 30%, but not more than 40%, of the purchase price of an energy storage system;

(II) In FY 2024, at least 25%, but not more than 40%, of the purchase price of an energy storage system; and

(III) In FY 2025, at least 20%, but not more than 40%, of the purchase price of an energy storage system; and

(ii) For residential systems, up to 90% of the purchase price of an energy storage system, up to $20,000 per award.

(D) In selecting grant recipients, the grantor shall include a preference for energy storage systems connected to solar installations supported by the Solar for All Program or connected to a facility that supports the District's resilience action plans and strategies. The grantor shall also include a preference for District-based organizations and companies. For residential properties, the grantor shall include a preference for homeowners who demonstrate financial hardship.

(E) For the purposes of this paragraph, the term "grantor" means DOEE or the Sustainable Energy Utility;

(23) Replacement in a residential unit of all appliances or other systems, such as an oven, water heater, or heating system, that combust fossil fuels on site with appliances or other systems that perform the same function and that are powered exclusively by electricity; provided, that, in Fiscal Year 2024, up to $2 million available for use under this paragraph may be used for homes in the River Terrace and Deanwood neighborhoods in Ward 7; and

(24) Financial and technical assistance for energy efficiency upgrades for properties converting from commercial use to residential use for which the Mayor has approved a tax abatement under § 47-860.02(a).

(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; Nov. 13, 2021, D.C. Law 24-45, §§ 6032, 6123, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 6052, 69 DCR 009223; Sept. 6, 2023, D.C. Law 25-50, § 6052, 70 DCR 10366.)

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 § 6052 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

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) 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 (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).

§ 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.

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

§ 8–1774.12. [Reserved].

§ 8–1774.13. Solar and Renewable Home Improvement Financing Proposal.

(a) Within 90 days after October 22, 2008, the Commission shall open an investigation into mechanisms to make long-term affordable financing available to energy consumers to purchase:

(1) Renewable energy generating systems, including solar thermal and solar photovoltaic panels and geothermal heating and cooling systems; and

(2) Home and business improvements that increase the energy efficiency of buildings, including weatherizing, adequate insulation, efficient doors and windows, and central air conditioning.

(b) The Commission’s investigation shall include the means by which the electric and gas companies’ billing systems can be used to collect payments from individuals to purchase renewable energy generating systems and make energy efficiency improvements to homes and businesses.

(c) Within 60 days after the close of the record of the investigation, the Commission shall issue a report, including findings, on the feasibility of the implementation of the proposal set forth in subsections (a) and (b) of this section.

§ 8–1774.14. Discount program for low-income electricity customers.

The Commission shall establish, by order, a discount program for low-income electricity customers in the District. The Commission shall establish the eligibility, funding, and administrative guidelines for the program; provided, that the program shall not be funded from existing District funds, District revenue sources, or District assessments.

§ 8–1774.15. Discount program for low-income gas customers.

The Commission shall establish, by order, a discount program for low-income gas customers in the District. The Commission shall establish the eligibility, funding, and administrative guidelines for the program; provided, that the program shall not be funded from existing District funds, District revenue sources, or District assessments.

(Oct. 22, 2008, D.C. Law 17-250, § 215; as added Feb. 26, 2015, D.C. Law 20-155, § 2102(c), 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2102(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) addition of this section, see § 2102(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) addition of this section, see § 2102(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).

§ 8–1774.16. Solar for All Program.

(a)(1) There is established the Solar for All Program ("Program") to increase the access of seniors, small local businesses, nonprofits, and low-income households in the District to the benefits of solar power.

(2) The Program shall provide the long-term financial benefits of solar energy production to at least 100,000 District low-income households in an amount equivalent to at least 50% of the District's average residential electric bills for calendar year 2016 by December 31, 2032. The Department shall, to the extent feasible, meet this goal by reducing low-income households' electric or gas bills by at least 50%. The financial benefits of roof replacements, or other capital improvements made to support the installation of a solar energy system, may be included in calculating the long-term financial benefits of solar energy production provided to low-income households.

(b) The Program shall be administered by DOEE and operate until the end of Fiscal Year 2032. In administering the Program, DOEE shall coordinate with the Sustainable Energy Utility.

(c) From Fiscal Year 2017 through Fiscal Year 2032, the Program shall be funded annually from the Renewable Energy Development Fund established by § 34-1436.

(d) The funding allocated in subsection (c) of this section may be used to supplement programs supporting the creation of new solar energy sources in the District through the Sustainable Energy Utility contract established by § 8-1774.01.

(e)(1) By February 1, 2017, DOEE shall develop, publish on its website, and submit to the Council a plan to implement the Program. The plan shall include:

(A) A description of programs to be implemented by DOEE that would target seniors, small local businesses, nonprofits, and low-income households in the District;

(B) An estimated timeline for implementation of the programs described in subparagraph (A) of this paragraph; and

(2) If DOEE revises or updates the plan, DOEE shall publish on its website the revision or update within 30 days of its completion.

(f) Beginning December 1, 2017, DOEE shall publish on its website and submit to the Council an annual report on the expenditure of the funds allocated to the Program, the amount of progress toward achieving the benchmarks established in subsection (e)(1)(C) of this section, and the number of solar systems installed pursuant to this section in the previous fiscal year.

(g) For the purposes of this section, the term:

(1) "Area median income" means:

(A) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

(B) For a household of 3 persons, 90% of the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph;

(C) For a household of 2 persons, 80% of the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph;

(D) For a household of one person, 70% of the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph; and

(E) For a household of more than 4 persons, the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph, increased by 10% for each person in the household in excess of 4 persons (for example, the area median income for a household of 5 persons shall be 110% of the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph, and the area median income for a household of 6 persons shall be 120% of the area median income for a household of 4 persons, as described in subparagraph (A) of this paragraph).

(2) "Energy burden" means the percentage of household income spent on home energy bills.

(3) "Low-income" means a household income equal to, or less than, 80% of the area median income.

(4) "Solar system" means a solar photovoltaic or solar thermal system.