DISTRICT OF COLUMBIA CODE
TITLE 34.
  PUBLIC UTILITIES  
SUBTITLE III.  ELECTRICITY  
CHAPTER 15.  RETAIL ELECTRIC COMPETITION AND CONSUMER PROTECTION
D.C. Code § 34-1514  (2006)

 


§ 34-1514. Reliable Energy Trust Fund; public purpose programs


   (a) (1) There is hereby established the Reliable Energy Trust Fund, which shall be a proprietary fund in the nature of an enterprise fund as classified under § 47-373(a).

   (2) The electric company shall remit all proceeds collected under subsection (b) of this section to the Mayor on a monthly basis. The Mayor shall deposit those proceeds into the Reliable Energy Trust Fund. All proceeds collected by the electric company under subsection (b) of this section shall be credited to the Reliable Energy Trust Fund without regard to fiscal year limitation and shall not at any time be transferred to, 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.

   (3) All interest earned on monies deposited in the Reliable Energy Trust Fund shall be credited to the Reliable Energy Trust Fund and shall be used solely for the purposes designated in this section.

   (4) All revenue credited to the Reliable Energy Trust Fund shall be used solely to fund the programs mandated by subsection (c) of this section.

(b) (1) All customers other than those participating in the universal service program established under subsection (c)(1)(A) of this section shall contribute to the Reliable Energy Trust Fund through a non-bypassable charge collected by the electric company.

   (2) (A) The charge mandated by paragraph (1) of this subsection shall be determined by the Commission and may not vary by customer class.

      (B) Notwithstanding any other provision of this chapter, for 4 years after the initial implementation date, the charge mandated by this subsection shall not exceed $ 0.0008 per kilowatt-hour.

      (C) After the 4-year period designated in subparagraph (B) of this paragraph, the charge mandated by paragraph (1) of this subsection shall not exceed $ 0.002 per kilowatt-hour, but shall not be less than $.0001 per kilowatt hour. Collection shall commence as of February 1, 2005.

   (3) On an annual basis, the Commission shall evaluate the charge mandated by paragraph (1) of this subsection to determine whether it is set at an appropriate level to fund the programs mandated by subsection (c) of this section. Subject to the restriction in paragraph (2) of this subsection, the Commission may adjust the charge if the Commission finds that the charge is not set at an appropriate level.

(c) (1) The Commission shall establish a universal service program to assist low-income customers in the District of Columbia.

      (B) The program established under to subparagraph (A) of this paragraph shall be administered by the District of Columbia Office of Energy.

   (2) (A) The Commission shall establish a program to promote energy efficiency in the District of Columbia.

      (B) The program established by the Commission under subparagraph (A) of this paragraph may include:

         (i) Rate discounts or other rate-related incentives;

         (ii) Financing of activities of energy service companies;

         (iii) Certification standards for energy service companies;

         (iv) Financial incentives for owners of low-income residential properties; and

         (v) Energy efficiency assistance to customers who qualify for the universal service program under subparagraph (A) of this paragraph.

      (C) In the discretion of the Commission, the energy efficiency program established under subparagraph (A) of this paragraph may be administered by the District of Columbia Office of Energy.

   (3) The Commission shall establish a program to promote the use of electricity from renewable energy sources as defined in § 34-1517. The program established under this paragraph may include the use of rebates to customers who purchase electricity from renewable energy sources as defined in § 34-1518.

(d) In the discretion of the Commission, and to the extent allowed by District of Columbia or federal law, the universal service, energy efficiency, and renewable source programs developed under this section may be combined with any existing universal service, energy efficiency, or renewable source programs administered by the Commission or the District of Columbia Office of Energy.

(e) Proceedings regarding the establishment of programs under this section shall be legislative in nature and not be contested cases as defined in § 2-502(8).