(a) There is established as a special fund the Sustainable Energy Trust Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.
(a-1) Revenue from the following sources shall be deposited in the Fund:
(1) The assessments imposed by subsection (b) of this section;
(2) The sale of credits associated with the Regional Greenhouse Gas Initiative or any successor program; and
(3) Money transferred from the Green Building Fund pursuant to § 6-1451.07 ; provided, that any such money shall be used solely for the purpose described in subsection (c)(18) of this section.
(1) There is imposed upon a 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 through fiscal year 2016;
(D) The amount of $.01505 in fiscal year 2017 through fiscal year 2019;
(E) The amount of $.04515 in fiscal year 2020 through fiscal year 2023;
(F) The amount of $.07515 in fiscal year 2024; and
(G) Repealed.
(H) The amount of $.1061 in fiscal year 2025;
(I) The amount of $0.032668 in fiscal year 2026; and
(J) The amount of $0.027088 in fiscal year 2027 and each fiscal year thereafter.
(2) There is imposed upon an 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 through fiscal year 2016;
(D) The amount of $.001612 in fiscal year 2017 through fiscal year 2019;
(E) The amount of $.0029016 in fiscal year 2020;
(F) The amount of $.00279279 in fiscal year 2021;
(G) The amount of $.0027001 in fiscal year 2022 and fiscal year 2023;
(H) Repealed.
(I) Repealed.
(J) Repealed.
(K) Repealed.
(L) Repealed.
(M) Repealed.
(N) Repealed.
(O) Repealed.
(P) Repealed.
(Q) Repealed.
(R) The amount of $.0044001 in fiscal year 2024;
(S) The amount of $.00651 in fiscal year 2025;
(T) The amount of $0.002056 in fiscal year 2026; and
(U) The amount of $0.001666 in fiscal year 2027 and each fiscal year thereafter.
(2A) There shall be imposed upon a person who delivers heating oil or fuel oil to an end-user in the District, whether for industrial, commercial, or residential use, an assessment calculated on sales as follows:
(A) The amount of $0.024992 per gallon in fiscal year 2026; and
(B) The amount of $0.019414 per gallon in fiscal year 2027 and each fiscal 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 the following; except, that no funds shall be allocated from the Fund to the budget of the Department of General Services for the purchase of gas, electricity, steam, water, sustainable energy, and waste management for the District government or other purposes:
(1) The SEU contract in an amount of at least:
(A) $19.8 million in fiscal year 2026; and
(B) $10 million in fiscal year 2027 and every fiscal year thereafter.
(2) The administration of the SEU contract and the development and implementation of a comprehensive energy plan by DOEE, in an amount of at least:
(A) $4,143,591 in fiscal year 2026; and
(B) $8,532,489 in fiscal year 2027 and each fiscal year thereafter;
(3) An independent review of the performance of the SEU under § 8-1774.05(k) ;
(4) The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually;
(5) Repealed;
(6) Repealed;
(7) Repealed;
(8) Repealed;
(9) 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;
(10) Repealed.
(11) For the fiscal year beginning October 1, 2017 and ending September 30, 2018, supporting DOEE activities in the amount of $242,412;
(A) Activities of DOEE or the Sustainable Energy Utility to:
(B) For purposes of this paragraph, "low-income" means persons with household incomes of 80% or less than the area median income;
(13) Implementation of the Building Energy Performance Standard program required by § 8-1772.21 ; provided, that no money shall be transferred from the Sustainable Energy Trust Fund to the Department of General Services under this paragraph in Fiscal Year 2024 through Fiscal Year 2028;
(14) In fiscal year 2020, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan;
(15) In fiscal year 2021, transferring $15 million to the Green Finance Authority to support sustainable projects and programs; provided, that such transfer is included in an approved budget and financial plan;
(A) In Fiscal Years 2022 and 2023, transferring at least $10 million, but no more than $15 million, to the Green Finance Authority to support sustainable projects and programs; provided, that funding for such transfers is included in an approved budget and financial plan; provided further, that the total amount of money transferred to the Green Finance Authority from the Sustainable Energy Trust Fund in Fiscal Years 2020 through 2023 shall not exceed $70 million;
(B) In Fiscal Years 2025, 2026, 2027, and 2028, transferring at least $3.5 million to the Green Finance Authority to support sustainable projects and programs; provided, that funding for such transfers is included in an approved budget and financial plan; provided further, that the total amount of money transferred to the Green Finance Authority from the Sustainable Energy Trust Fund in Fiscal Years 2025 through 2028 shall not exceed $60 million;
(17) Beginning in fiscal year 2022, assistance provided by DOEE or the Sustainable Energy Utility to providers of affordable housing or rent-controlled buildings for energy efficiency upgrades of buildings subject to the Building Energy Performance Standard program required by § 8-1772.21 ;
(18) Activities permitted under § 6-1451.07(c)(2) through (7);
(19) Projects and programs intended to increase climate change resilience in the District through the use of sustainable energy resources, including infrastructure and structural improvements and energy storage devices or equipment;
(20) Implementation of the Climate Commitment Act of 2021 , as introduced on May 24, 2021 (Bill 24-267) [D.C. Law 24-176];
(21) Implementation of the Clean Energy DC Building Code Amendment Act of 2021 , as introduced on October 1, 2021 (Bill 24-420) [D.C. Law 24-177];
(A) In Fiscal Years 2023, 2024, and 2025, awarding at least $600,000 per year in grants supporting the installation of energy storage systems connected to renewable energy generation systems in the District.
(B) The grantor shall allocate the awarded grants as follows:
(i) At least $500,000 per year for commercial systems; and
(ii) At least $100,000 per year for residential systems.
(C) Grants provided under this paragraph shall offset:
(i) For commercial systems:
(I) In FY 2023, at least 30%, but not more than 40%, of the purchase price of an energy storage system;
(II) In FY 2024, at least 25%, but not more than 40%, of the purchase price of an energy storage system; and
(III) In FY 2025, at least 20%, but not more than 40%, of the purchase price of an energy storage system; and
(ii) For residential systems, up to 90% of the purchase price of an energy storage system, up to $20,000 per award.
(D) In selecting grant recipients, the grantor shall include a preference for energy storage systems connected to solar installations supported by the Solar for All Program or connected to a facility that supports the District's resilience action plans and strategies. The grantor shall also include a preference for District-based organizations and companies. For residential properties, the grantor shall include a preference for homeowners who demonstrate financial hardship.
(E) For the purposes of this paragraph, the term "grantor" means DOEE or the Sustainable Energy Utility;
(23) Replacement in a residential unit of all appliances or other systems, such as an oven, water heater, or heating system, that combust fossil fuels on site with appliances or other systems that perform the same function and that are powered exclusively by electricity, including:
(A) In fiscal year 2024, up to $2 million that may be used for homes in the River Terrace and Deanwood neighborhoods in Ward 7; and
(B) As described in § 8-1774.17 ; and
(24) Financial and technical assistance for energy efficiency upgrades for properties converting from commercial use to residential use for which the Mayor has approved a tax abatement under § 47-860.02(a) .
(25) Repealed.
(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 DOEE shall submit to the Council a quarterly report detailing:
(1) Expenditures from the SETF; and
(2) The performance of SETF programs operated by the DOEE.
(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) 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.