Sustainable Energy Trust Fund.
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 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. 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. 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. There is imposed upon the natural gas company an assessment calculated on sales on a per-therm basis as follows: The amount of $.011 in fiscal year 2009; The amount of $.012 in fiscal year 2010; The amount of $.014 in fiscal year 2011 and each year thereafter. There is imposed upon the electric company an assessment calculated on sales on a per-kilowatt hour basis as follows: The amount of $.0011 in fiscal year 2009; The amount of $.0013 in fiscal year 2010; The amount of $.0015 in fiscal year 2011 and each year thereafter. 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. 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. 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. The funds in the Sustainable Energy Trust Fund shall be used solely to fund: The SEU contract in an amount of at least $20 million annually; The administration of the SEU contract and the development of a comprehensive energy plan by DDOE, on an annual basis, equal to 10% of the authorized contract level in that fiscal year; 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; The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually; Repealed; Repealed; Repealed; Repealed; 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; and The Low Income Home Energy Assistance Program, in the amount of no more than $1.5 million in Fiscal Year 2016. 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. The DDOE shall submit to the Council a quarterly report detailing: Expenditures from the SETF; and The performance of SETF programs operated by the DDOE. 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. 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). Section 3 of D.C. Law 18-195 provided: “Sec. 3. Applicability. Section 2(b) shall apply as of June 1, 2010.” 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 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 613 of D.C. Law 18-370 provided: “Sec. 613. Applicability. This subtitle shall apply as of October 1, 2010.” Section 6073 of D.C. Law 18-223 provided: “This subtitle shall apply as of October 1, 2011.”
Annotations
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 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”. 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). 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 § 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 § 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 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. 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 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 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(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 § 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 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(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) addition, see § 210 of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008 55 DCR 10856). Section 5(b) of D.C. Law 19-10 provided that the act shall expire after 225 days of its having taken effect. 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 2 of D.C. Law 19-10, in subsec. (c)(7), substituted “1.806 million” for “1.106 million”. 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(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(b) of D.C. Law 18-144 provided that the act shall expire after 225 days of its having taken effect. “(11) A Government Building Energy Efficiency program in the amount of $1,618,750 for fiscal year 2010.”. Section 2 of D.C. Law 18-144 rewrote subsec. (c)(11) to read as follows: Section 4(b) of D.C. Law 18-56 provided that the act shall expire after 225 days of its having taken effect. “(11) A Government Building Energy Efficiency program in the amount of $2 million for fiscal year 2009.”. “(10) A Small Business Energy Efficiency program in the amount of $480,000 for fiscal year 2009; and 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: 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). 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 2013 amendment by D.C. Law 19-262, § 132, added added the paragraph designated herein as (c)(9); and made related changes. The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c)(3). The 2012 amendment by D.C. Law 19-168 added (c)(8); and made a related change. 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 18-223 rewrote subsec. (c). D.C. Law 18-195, in subsec. (b)(4), substituted “established by the Commission” for “operated by DDOE”. This section is referenced in § 8-1773.01, § 8-1774.02, § 8-1774.07, and § 8-1774.09.
Sourced from the DC Council Open Law Library (public domain).
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