D.C. Code § 8-1774.10

Current through codified legislation effective June 1, 2024

Section 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 section 8(c)(1) of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(1) ), shall be deposited into the SETF; provided, that any such money shall be used solely for the purpose described in subsection (c)(18) of this section.

(2) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(3) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(b)

(1) There is imposed upon the natural gas company an assessment calculated on sales on a per-therm basis as follows:

(A) The amount of $.011 in fiscal year 2009;

(B) The amount of $.012 in fiscal year 2010;

(C) The amount of $.014 in fiscal year 2011 through fiscal year 2016;

(D) The amount of $.01505 in fiscal year 2017 through fiscal year 2019;

(E) The amount of $.04515 in fiscal year 2020 through fiscal year 2026;

(F) The amount of $.03762 in fiscal year 2027 through fiscal year 2031; and

(G) The amount of $.0263 in fiscal year 2032 and each year thereafter.

(2) There is imposed upon the electric company an assessment calculated on sales on a per-kilowatt hour basis as follows:

(A) The amount of $.0011 in fiscal year 2009;

(B) The amount of $.0013 in fiscal year 2010;

(C) The amount of $.0015 in fiscal year 2011 through fiscal year 2016;

(D) The amount of $.001612 in fiscal year 2017 through fiscal year 2019;

(E) The amount of $.0029016 in fiscal year 2020;

(F) The amount of $.00279279 in fiscal year 2021; and

(G) The amount of $.0027001 in fiscal year 2022 and each year thereafter.

(H) [Repealed by 2022 Amendment.]

(I) [Repealed by 2022 Amendment.]

(J) [Repealed by 2022 Amendment.]

(K)[Repealed by 2022 Amendment.]

(L) [Repealed by 2022 Amendment.]

(M) [Repealed by 2022 Amendment.]

(N)[Repealed by 2022 Amendment.]

(O) [Repealed by 2022 Amendment.]

(P) [Repealed by 2022 Amendment.]

(Q) [Repealed by 2022 Amendment.]

(2A) There shall be imposed upon a person who delivers heating oil or fuel oil to an end-user in the District, whether for industrial, commercial, or residential use, an assessment of $.084 per gallon, calculated on sales.

(3) The assessments shall be paid to the Fiscal Agent before the 21st day of each month, beginning in November, 2008, or the 1st full month following October 22, 2008, whichever is later, for sales for the preceding billing period.

(4) The assessment shall be applied to the sale of every kilowatt hour and therm in the District, except to those sold to residents participating in the Residential Essential Service or Residential Aid Discount programs established by the Commission.

(5) Nothing in this subchapter shall be construed to prohibit the electric company or natural gas company from recovering the assessment imposed under paragraphs (1) and (2) of this section, respectively, in its rates as a surcharge on customers' bills.

(c) The funds in the Sustainable Energy Trust Fund shall be used solely to fund:

(1) The SEU contract in an amount of at least $20 million annually;

(2) The administration of the SEU contract and the development and implementation of a comprehensive energy plan by DOEE, on an annual basis, equal to 10% of the authorized contract level in that fiscal year;

(3) An independent review of the performance of the SEU under § 8-1774.05(k) in the amount of $100,000 annually, beginning in fiscal year 2012;

(4) The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually;

(5) Repealed;

(6) Repealed;

(7) Repealed;

(8) Repealed;

(9) Implementation of the EnergyStar® benchmarking program required by § 6-1451.03; provided, that the program does not require an allocation of funds other than those already set forth in this section;

(10) Repealed.

(11) For the fiscal year beginning October 1, 2017 and ending September 30, 2018, supporting DOEE activities in the amount of $242,412;

(12)

(A) Beginning in fiscal year 2020, in an amount equal to at least 30% of the funds generated by the increases to the assessments described in subsection (b) of this section contained in D.C. Law 22-257, activities of DOEE or the Sustainable Energy Utility to:

(i) Benefit low-income residents, which may include energy bill assistance, energy efficiency, and weatherization, including programs making improvements to commercial and institutional buildings that serve primarily low-income residents;

(ii) Establish workforce development initiatives for District residents in energy efficiency fields;

(iii) Establish the Sustainable Energy Infrastructure Capacity Building and Pipeline Program, required by § 8-1772.31;

(iv) Support the implementation of the transportation emission reduction initiative required by § 50-2201.03(j)(1A), including by covering the costs incurred by other District agencies to implement the initiative; and

(v) Support the implementation of the energy retrofit program required by § 8-1772.22, including by covering the costs incurred by other District agencies to implement the program.

(B) For purposes of this paragraph, "low-income" means persons with household incomes of 80% or less than the area median income;

(13) Implementation of the Building Energy Performance Standard program required by § 8-1772.21;

(14) In fiscal year 2020, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan;

(15) In fiscal year 2021, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan;

(16) In Fiscal Years 2022, 2023, 2024, and 2025, transferring at least $10 million, but no more than $15 million, to the Green Finance Authority to support sustainable projects and programs; provided, that funding for such transfers is included in an approved budget and financial plan; provided further, that the total amount of money transferred to the Green Finance Authority from the Sustainable Energy Trust Fund in Fiscal Years 2020 through 2025 shall not exceed $70 million; .

(17) Beginning in fiscal year 2022, at least $3 million annually shall be used by DOEE or the Sustainable Energy Utility, selected pursuant to this chapter, to provide assistance to providers of affordable housing or rent-controlled buildings for energy efficiency upgrades of buildings subject to the Building Energy Performance Standard program required by § 8-1772.21;

(18) Activities permitted under section 8(c)(2) through (7) of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(2) -(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);

(21) Implementation of the Clean Energy DC Building Code Amendment Act of 2021, as introduced on October 1, 2021 (Bill 24-420); and

(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.

(C) Grants provided under this paragraph shall offset:

(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.

(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.

D.C. Code § 8-1774.10

Amended by D.C. Law 24-167,§ VI-F-6052, 69 DCR 009223, eff. 9/21/2022.

Amended by D.C. Law 24-45,§ VI-M-6123, 68 DCR 010163, eff. 11/13/2021.

Amended by D.C. Law 24-45,§ VI-D-6032, 68 DCR 010163, eff. 11/13/2021.

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.

Section 6073 of D.C. Law 18-223 provided: "This subtitle shall apply as of October 1, 2011."

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

Section 212(a)(2) of D.C. Law 17-250 provided: "(2) One-half of the funds remaining in the Reliable Energy Trust Fund shall be transferred to the Sustainable Energy Trust Fund and 1/2 of the funds shall be transferred to the Energy Assistance Fund."

Section 212(b)(2) of D.C. Law 17-250 provided: "(2) One-half of the funds remaining in the Natural Gas Trust Fund shall be transferred to the Energy Assistance Trust Fund and 1/2 of the funds shall be transferred to the Sustainable Energy Trust Fund."

Section 3 of D.C. Law 18-195 provided: "Sec. 3. Applicability. Section 2(b) shall apply as of June 1, 2010."

Section 122(b)(1) of D.C. Law 19-262 would have substituted "the amount of $1.106 million for fiscal year 2011, $2 million in fiscal year 2012, and $1 million for fiscal year 2013" for "the amount of $1.106 million for fiscal year 2011 and $2 million in fiscal year 2012" in (c)(7).

Applicability of D.C. Law 19-262, § 122: Section 401 of D.C. Law 19-262 provided that § 122 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register. The remaining sections shall apply as of April 20, 2013, unless otherwise noted.

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.