1. (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.

2. (a-1) Revenue from the following sources shall be deposited in the Fund:

   1. (1) The assessments imposed by subsection (b) of this section;
   2. (2) The sale of credits associated with the Regional Greenhouse Gas Initiative or any successor program; and
   3. (3) Money transferred from the Green Building Fund pursuant to § 6-1451.07(c)(1); provided, that any such money shall be used solely for the purpose described in subsection (c)(18) of this section.

3. (b)

   1. (1) There is imposed upon a natural gas company an assessment calculated on sales on a per-therm basis as follows:

      1. (A) The amount of $.011 in fiscal year 2009;
      2. (B) The amount of $.012 in fiscal year 2010;
      3. (C) The amount of $.014 in fiscal year 2011 through fiscal year 2016;
      4. (D) The amount of $.01505 in fiscal year 2017 through fiscal year 2019;
      5. (E) The amount of $.04515 in fiscal year 2020 through fiscal year 2023;
      6. (F) The amount of $.07515 in fiscal year 2024; and
      7. (G) Repealed.
      8. (H) The amount of $.1061 in fiscal year 2025;
      9. (I) The amount of $0.032668 in fiscal year 2026; and
      10. (J) The amount of $0.027088 in fiscal year 2027 and each fiscal year thereafter.

   2. (2) There is imposed upon an electric company an assessment calculated on sales on a per-kilowatt hour basis as follows:

      1. (A) The amount of $.0011 in fiscal year 2009;
      2. (B) The amount of $.0013 in fiscal year 2010;
      3. (C) The amount of $.0015 in fiscal year 2011 through fiscal year 2016;
      4. (D) The amount of $.001612 in fiscal year 2017 through fiscal year 2019;
      5. (E) The amount of $.0029016 in fiscal year 2020;
      6. (F) The amount of $.00279279 in fiscal year 2021;
      7. (G) The amount of $.0027001 in fiscal year 2022 and fiscal year 2023;
      8. (H) Repealed.
      9. (I) Repealed.
      10. (J) Repealed.
      11. (K) Repealed.
      12. (L) Repealed.
      13. (M) Repealed.
      14. (N) Repealed.
      15. (O) Repealed.
      16. (P) Repealed.
      17. (Q) Repealed.
      18. (R) The amount of $.0044001 in fiscal year 2024;
      19. (S) The amount of $.00651 in fiscal year 2025;
      20. (T) The amount of $0.002056 in fiscal year 2026; and
      21. (U) The amount of $0.001666 in fiscal year 2027 and each fiscal year thereafter.

   3. (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:

      1. (A) The amount of $0.024992 per gallon in fiscal year 2026; and
      2. (B) The amount of $0.019414 per gallon in fiscal year 2027 and each fiscal year thereafter.
   4. (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.
   5. (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.
   6. (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.

4. (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. (1) The SEU contract in an amount of at least:

      1. (A) $19.8 million in fiscal year 2026; and
      2. (B) $10 million in fiscal year 2027 and every fiscal year thereafter.

   2. (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:

      1. (A) $4,143,591 in fiscal year 2026; and
      2. (B) $8,532,489 in fiscal year 2027 and each fiscal year thereafter;
   3. (3) An independent review of the performance of the SEU under § 8-1774.05(k);
   4. (4) The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually;
   5. (5) Repealed;
   6. (6) Repealed;
   7. (7) Repealed;
   8. (8) Repealed;
   9. (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. (10) Repealed.
   11. (11) For the fiscal year beginning October 1, 2017 and ending September 30, 2018, supporting DOEE activities in the amount of $242,412;

   12. (12)

       1. (A) Activities of DOEE or the Sustainable Energy Utility to:
       2. (B) For purposes of this paragraph, "low-income" means persons with household incomes of 80% or less than the area median income;
   13. (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. (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. (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;

   16. (16)

       1. (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;
       2. (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. (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. (18) Activities permitted under § 6-1451.07(c)(2) through (7);
   19. (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. (20) Implementation of the Climate Commitment Act of 2021, as introduced on May 24, 2021 (Bill 24-267) [D.C. Law 24-176];
   21. (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];

   22. (22)

       1. (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.

       2. (B) The grantor shall allocate the awarded grants as follows:

          1. (i) At least $500,000 per year for commercial systems; and
          2. (ii) At least $100,000 per year for residential systems.

       3. (C) Grants provided under this paragraph shall offset:

          1. (i) For commercial systems:

             1. (I) In FY 2023, at least 30%, but not more than 40%, of the purchase price of an energy storage system;
             2. (II) In FY 2024, at least 25%, but not more than 40%, of the purchase price of an energy storage system; and
             3. (III) In FY 2025, at least 20%, but not more than 40%, of the purchase price of an energy storage system; and
          2. (ii) For residential systems, up to 90% of the purchase price of an energy storage system, up to $20,000 per award.
       4. (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.
       5. (E) For the purposes of this paragraph, the term "grantor" means DOEE or the Sustainable Energy Utility;

   23. (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:

       1. (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
       2. (B) As described in § 8-1774.17; and
   24. (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. (25) Repealed.
5. (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.

6. (e) The DOEE shall submit to the Council a quarterly report detailing:

   1. (1) Expenditures from the SETF; and
   2. (2) The performance of SETF programs operated by the DOEE.

7. (f)

   1. (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. (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.

Editor's Notes

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.”

History

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

Oct. 22, 2008, D.C. Law 17-250, § 210a

Oct. 8, 2016, D.C. Law 21-154, § 3(a)

Oct. 8, 2016, D.C. Law 21-160, § 6042(j)

July 3, 2018, D.C. Law 22-124, § 103

Mar. 22, 2019, D.C. Law 22-257, § 201(c)

Sept. 11, 2019, D.C. Law 23-16, § 6052

Nov. 13, 2021, D.C. Law 24-45

Sept. 21, 2022, D.C. Law 24-167, § 6052

Sept. 6, 2023, D.C. Law 25-50, § 6052

Sept. 18, 2024, D.C. Law 25-217, § 6132

Dec. 6, 2025, D.C. Law 26-55, § 6022(b)

Short Title

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”.

Emergency Legislation

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).

For temporary (90 days) amendment of this section, see § 102 of Fiscal Year 2018 Budget Support Clarification Emergency Amendment Act of 2017 (D.C. Act 22-163, Oct. 23, 2017, 64 DCR 10778).

For temporary (90 days) amendment of this section, see § 101 of Fiscal Year 2018 Budget Support Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-213, Dec. 20, 2017, 64 DCR 13422).

For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 6032 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 6123 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 6052 of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).

For temporary (90 days) amendment of this section, see § 7(f) of Fiscal Year 2024 Revised Local Budget Adjustment Emergency Act of 2024 (D.C. Act 25-499, July 8, 2024, 71 DCR 7957).

For temporary (90 days) amendment of this section, see § 6132(b)(6) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 5 of Fiscal Year 2025 Revised Local Budget Adjustment Emergency Act of 2025 (D.C. Act 26-142, Aug. 18, 2025, 72 DCR 9130).

For temporary (90 days) amendment of this section, see § 6022(b) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623).

For temporary (90 days) amendment of this section, see § 6022(b) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514).

Temporary Legislation

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:

For temporary (225 days) amendment of this section, see § 101 of Fiscal Year 2018 Budget Support Clarification Temporary Amendment Act of 2017 (D.C. Law 22-44, Jan. 25, 2018, 64 DCR 12387).

For temporary (225 days) amendment of this section, see § 7(f) of Fiscal Year 2024 Revised Local Budget Adjustment Temporary Act of 2024 (D.C. Law 25-208, Sept. 18, 2024, 71 DCR 9914).

Effect of Amendments

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”.

Section References

This section is referenced in § 8-1773.01, § 8-1774.02, § 8-1774.07, and § 8-1774.09.

Applicability

Section 301 of D.C. Law 22-124 provided that the changes made to this section by D.C. Law 22-124 shall apply as of October 1, 2017.

Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the change made to this section by § 201(c) of D.C. Law 22-257 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7164 of D.C. Law 23-16 repealed § 601 of D.C. Law 22-257. Therefore the amendment of this section by D.C. Law 22-257 has been implemented.