2018 District of Columbia Code
Title 34 - Public Utilities.
Chapter 14A - Renewable Energy Portfolio Standards.
§ 34–1436. Renewable Energy Development Fund.

(a) There is established a fund designated as the Renewable Energy Development Fund, which shall be separate from the General Fund of the District of Columbia and shall be used solely for the purposes set forth in this section. All fees, payment, investment earnings, or other funds received, and all interest on the funds, shall be deposited into the Fund without regard to fiscal year limitation and shall not any time be transferred to, or lapse into, or be commingled with the General Fund of the District of Columbia or any other fund or account of the District of Columbia, except as delineated in this section. The Fund shall be continually available for the uses and purposes set forth in subsection (c) of this section.

(b)(1) The Fund established by this section shall be administered by DOEE. The DOEE may receive and review applications for loans, grants, rebates, and other financial incentives for eligible projects from the Fund. Except as provided in subsection (c)(1)(F) of this section, loans, grants, rebates, and other financial incentives for eligible projects from the Fund shall be distributed in the following order:

(A) To qualifying applicants who are certified business enterprises as defined in § 2-218.02(1D);

(B) To qualifying applicants who are [not] certified business enterprises as defined in § 2-218.02(1D).

(2) On or before May 1 of every year, the DOEE shall provide the Council with a report detailing the number of qualified certified business enterprises that received loans, grants, rebates, and other financial incentives from the Fund. The report shall also include the eligible project or projects for which the certified business enterprise received funding.

(c)(1) The Fund shall be used for the purpose of:

(A) Supporting the creation of new solar energy sources in the District, including activities that support the use of solar energy sources, such as electrical upgrades, structural improvements, and the installation of electrical or thermal storage systems;

(B) Funding the Solar for All Program established by § 8-1774.16;

(C) Otherwise administering the Fund;

(D) Covering any costs to the District associated with implementing the Renewable Portfolio Standard Expansion Amendment Act of 2016, October 8, 2016 (D.C. Law 21-154);

(E) For the fiscal year beginning October 1, 2017, and ending September 30, 2018, supporting the DOEE operating budget;

(F) In Fiscal Years 2018, 2019, 2020, 2021, and 2022, transferring up to $7 million per year to the Green Finance Authority to support sustainable projects and programs that include support for the creation of new solar energy sources in the District, and associated administrative costs, if such transfer is included in an approved budget and financial plan;

(G)(i) In fiscal year 2020, up to $250,000 shall be used by DOEE to engage an independent third party to conduct a comprehensive study to help DOEE and building owners better understand the potential for cost impacts and benefits of the Building Energy Performance Standards Program, required pursuant to § 8-1772.21, to District residents and property owners, or owners of large buildings and affordable housing.[;] The study shall include case studies for different property types of buildings.[;]

(ii) In creating the specifications for the study, DOEE shall seek the advice of the Building Energy Performance Standards Task Force, established pursuant to § 6-1451.09(h).[;]

(H) Covering any costs to the District associated with implementing §§ 34-1431(10) and (b) of the Clean Energy Act [§ 34-1432(c)(9)]; and

(I) In fiscal year 2020, up to $250,000 shall be provided to the District Department of Transportation to prepare the comprehensive clean vehicle transition plan required by § 50-921.24[; and]

(J) In fiscal year 2020, up to $250,000 shall be provided to the Department of General Services to be used to prepare the strategic energy management plan required by § 8-1772.22.

(2) The Fund may be used to supplement programs supporting the creation of new solar energy sources in the District through the Sustainable Energy Utility contract established by subchapter II of Chapter 17N of Title 8.

(d) Proceeds for the Fund shall be collected from the following:

(1) Compliance fees paid under § 34-1434;

(2) Payments received in repayment of a loan;

(3) Investment earnings of the Fund; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(e) The DOEE shall establish the eligibility criteria for projects supported by the Fund. The DOEE may allow the use of money of the Fund for administrative expenses related to the Fund and project review and oversight.

(f) The DOEE shall provide to the Council a quarterly report detailing:

(1) Expenditures from the Renewable Energy Development Fund; and

(2) The performance of programs or projects funded by the Renewable Energy Development Fund.

(g) Any compliance fees paid into the Fund by an electricity supplier that were charged to the District of Columbia government through a cost recovery surcharge authorized in § 34-1435(c) shall be transferred from the Fund to the General Fund of the District of Columbia and used to cover any surcharge owed by the District of Columbia government.

(Apr. 12, 2005, D.C. Law 15-340, § 8, 52 DCR 2285; Oct. 22, 2008, D.C. Law 17-250, § 301(d), 55 DCR 9225; Sept. 24, 2010, D.C. Law 18-223, § 1112, 57 DCR 6242; Oct. 20, 2011, D.C. Law 19-36, § 2(c), 58 DCR 6837; Feb. 26, 2015, D.C. Law 20-155, § 6063, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-154, § 2(d), 63 DCR 10138; Oct. 8, 2016, D.C. Law 21-160, § 6043(c), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 9012, 64 DCR 7652; Aug. 22, 2018, D.C. Law 22-155, § 605(e), 65 DCR 7159; Mar. 22, 2019, D.C. Law 22-257, § 101(d), 66 DCR 1344.)

This section is referenced in § 47-1508.

D.C. Law 17-250 added subsec. (f).

D.C. Law 18-223, in subsecs. (b) and (c), substituted “loans, grants, rebates, and other financial incentives” for “loans and grants”.

D.C. Law 19-36, in subsec. (a), substituted “account of the District of Columbia, except as delineated in this section” for “account of the District of Columbia”; and added subsec. (g).

The 2015 amendment by D.C. Law 20-155 substituted “may receive” for “shall receive” in (b); and added the last sentence in (c).

For temporary (90 days) amendment of this section, see § 9012 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 9012 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 301(d) 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 § 1112 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

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

For temporary (90 days) amendment of this section, see § 6073 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 (90 days) amendment of this section, see § 6063 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 §  2032 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).

Short title: Section 1111 of D.C. Law 18-223 provided that subtitle L of title I of the act may be cited as the “Renewable Energy Development Amendment Act of 2010”.

See note to §  32-1301.

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.