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Current through October 23, 2012
(a)(1) There is established as a nonlapsing 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 and electric companies 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.
(2) All funds deposited into the Sustainable Energy 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 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 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 and each year thereafter.
(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 the following amounts:
(A) The amount of $7.5 million in the 1st year of the contract;
(B) The amount of $15 million in the 2nd year of the contract;
(C) The amount of $17.5 million in the 3rd year of the contract; and
(D) The amount of $20 million in the 4th and each subsequent year of the initial contract, and for each year of any subsequent contract;
(2) The administration of the SEU contract by DDOE, 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) Existing electricity programs in the amount of $2.375 million annually for fiscal year 2011;
(6) Existing natural gas programs in the amount of $1.073 million for fiscal year 2011;
(7) Renewable energy incentive program under § 8-1774.09 in the amount of $1.106 million for fiscal year 2011 and $2 million in fiscal year 2012, of which up to $20,000 annually may be used to pay for the installation of monitoring and communications systems; and
(8) Weatherization, appliance replacement, and healthy homes programs for fiscal year 2013 in the amount of $2 million.
(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 DDOE shall submit to the Council a quarterly report detailing:
(1) Expenditures from the SETF; and
(2) The performance of SETF programs operated by the DDOE.
(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; D.C. Law 18-223, § 6072, Sept. 24, 2010, 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.)
HISTORICAL AND STATUTORY NOTES
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), which had read as follows:
"(c) The funds in the Sustainable Energy Trust Fund shall be used solely to fund:
" (1) The SEU contract in the following amounts:
" (A) The amount of $7.5 million in the 1st year of the contract;
"(B) The amount of $15 million in the 2nd year of the contract;
" (C) The amount of $17.5 million in the 3rd year of the contract; and
"(D) The amount of $20 million in the 4th and each subsequent year of the initial contract, and for each year of any subsequent contract;
"(2) The administration of the SEU contract by DDOE, 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;
"(4) The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $26,000 annually;
"(5) Existing electricity programs in the amount of $3.545 million annually for fiscal years 2009 through 2011;
"(6) Temporary electricity programs in the amount of $916,000 for fiscal year 2009;
"(7) Existing natural gas programs in the amount of $3 million annually for fiscal years 2009 through 2011;
"(8) Renewable energy incentive program under § 8-1774.09 in the amount of $2 million annually for fiscal years 2009 through 2012, of which up to $20,000 annually may be used to pay for the installation of monitoring and communications systems; and
"(9) Energy efficiency programs administered by the electric company under § 8- 1774.07 in the amount of $6 million annually for fiscal years 2009 through 2011."
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".
D.C. Law 19-168, in subsec. (c)(7), substituted "; and" for a period at the end; and added subsec. (c)(8).
D.C. Law 19-171, in subsec. (c)(3), validated a previously made technical correction.
Temporary Amendments of Section
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 provides 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 provides 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 provides 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 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
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).
Legislative History of Laws
For Law 17-250, see notes following § 8-1773.01.
For Law 18-195, see notes following § 8-1773.01.
For Law 18-223, see notes following § 8-102.05.
For history of Law 18-370, see notes under § 8-1774.05.
Law 19-168, the "Fiscal Year 2013 Budget Support Act of 2012", was introduced in Council and assigned Bill No. 19-743, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2012, and June 5, 2012, respectively. Signed by the Mayor on June 22, 2012, it was assigned Act No. 19-385 and transmitted to both Houses of Congress for its review. D.C. Law 19-168 became effective on September 20, 2012.
For history of Law 19-171, see notes under § 8-105.02.
Miscellaneous Notes
Section 212(a)(2) of D.C. Law 17-250 provides:
"(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 provides:
"(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 provides:
"Sec. 3. Applicability.
"Section 2(b) shall apply as of June 1, 2010."
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".
Section 6073 of D.C. Law 18-223 provides:
"This subtitle shall apply as of October 1, 2011."
Section 613 of D.C. Law 18-370 provides:
"Sec. 613. Applicability.
"This subtitle shall apply as of October 1, 2010. "
Short title: Section 6071 of D.C. Law 19-168 provided that subtitle H of title VI of the act may be cited as "Healthy and Efficient Homes Amendment Act of 2012".
