2018 District of Columbia Code
Title 34 - Public Utilities.
Chapter 14A - Renewable Energy Portfolio Standards.
§ 34–1434. Reporting requirements and compliance fee.

(a) Each electricity supplier shall submit an annual compliance report to the Commission, by a date and in a form prescribed by the Commission.

(b)(1) Each report shall include clear and concise information that:

(A) Demonstrates that the electricity supplier has complied with the applicable standard under § 34-1432 and includes the submission of the required amount of renewable energy credits; or

(B) Demonstrates the amount of electricity sales by which the electricity supplier fails to meet the applicable renewable energy portfolio standard.

(1A) In calendar years 2019, 2020, 2021, and 2022 each report shall also include:

(A) The number of contracts that are exempt from changes to the renewable energy portfolio standard pursuant to section 4 of the Renewable Portfolio Standard Expansion Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-154; D.C. Official Code § 34-1434, note), the length of each exempt contract, and the amount of electricity associated with each exempt contract; and

(B) The number of contracts that are exempt from changes to the renewable energy portfolio standard pursuant to section 101(b)(2) of the CleanEnergy DC Omnibus Amendment Act of 2018, passed on 2nd reading on December 18, 2018 (Enrolled version of Bill 22-904), the length of each exempt contract, and the amount of electricity associated with each exempt contract.

(2) Each report shall also include any other information that the Commission by regulation or order may consider relevant.

(c) If an electricity supplier fails to comply with the renewable energy portfolio standard for the applicable year, the electricity supplier shall pay into the Fund a compliance fee of:

(1) Five cents for each kilowatt-hour of shortfall from required tier one renewable sources;

(2) One cent for each kilowatt-hour of shortfall from required tier two renewable sources; and

(3) Fifty cents in 2016 through 2023, 40 cents in 2024 through 2028, 30 cents in 2029 through 2041, and 10 cents in 2042 and thereafter for each kilowatt-hour of shortfall from required solar energy sources.

(c-1) A compliance fee required pursuant to subsection (c) of this section shall be paid to DOEE for deposit into the Fund between October 1 and November 1 following the year the electricity supplier failed to comply with the renewable energy portfolio standard.

(d) Beginning on March 1, 2010, and annually thereafter, energy companies that sell electricity in the District of Columbia shall file an energy portfolio report for the preceding calendar year with DOEE, which shall include a breakdown of the average cost per kilowatt hour of electricity that the company sold in the District of Columbia by source of generation, to include coal, gas, oil, nuclear, solar, land-based wind, off-shore wind, and other renewable sources. The breakdown of cost should also include the average capital cost per kilowatt, as well as the average fixed and variable costs associated with operations and maintenance per megawatt.

(e) Repealed.

(f) The DOEE shall publish on its website at least annually a report that describes progress towards the solar generation goals provided in the renewable energy portfolio standard and a comparison with other sources of energy used in the District. Each report shall detail the equitable distribution of resources consistent with the policy findings in § 34-1501.01.

(Apr. 12, 2005, D.C. Law 15-340, § 6, 52 DCR 2285; Oct. 22, 2008, D.C. Law 17-250, § 301(c), 55 DCR 9225; Oct. 20, 2011, D.C. Law 19-36, § 2(b), 58 DCR 6837; Dec. 13, 2013, D.C. Law 20-47, § 3, 60 DCR 15138; Oct. 8, 2016, D.C. Law 21-154, § 2(c), 63 DCR 10138; Oct. 8, 2016, D.C. Law 21-160, § 6043(b), 63 DCR 10775; Mar. 22, 2019, D.C. Law 22-257, § 101(c), 66 DCR 1344.)

This section is referenced in § 34-1435 and § 34-1436.

D.C. Law 17-250 rewrote subsecs. (c)(1) and (3); and added subsecs. (c)(4), (5).

D.C. Law 19-36 rewrote subsec. (c)(3); redesignated subsec. (c)(4) as subsec. (d); redesignated subsec. (c)(5) as subsec. (e); and repealed newly designated subsec. (e).

The 2013 amendment by D.C. Law 20-47 added (f).

For temporary (90 day) amendment of section, see § 301(c) 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 Distributed Generation Emergency Amendment Act of 2011 (D.C. Act 19-126, August 1, 2011, 58 DCR 6766).

For temporary (90 day) amendment of section, see § 2(b) of Distributed Generation Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-192, October 18, 2011, 58 DCR 9154).

Section 4 of Law 21-154 provides: For 5 years after October 8, 2016, section 2(c) shall not apply to any contract entered into before October 8, 2016; provided, that section 2(c) shall apply to an extension or renewal of such a contract.

Applicability of D.C. Law 19-36: Section 3 of D.C. Law 19-36, as amended by D.C. Law 20-245, § 3, provided that the act (a) shall apply as of July 12, 2011; and (b) shall not apply to contracts entered into before August 1, 2011, provided that, for a contract entered into before August 1, 2011, the act shall apply to an extension or renewal of that contract executed on or after August 1, 2011.