Section 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.Amended by D.C. Law 24-45,§ VI-J-6092, 68 DCR 010163, eff. 11/13/2021.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.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."