1. (a)

   1. (1) There is established as a special fund the Mayor's Energy Surcharge Fund ("Fund"), which shall be administered by the Department of Energy and Environment in accordance with subsections (c) and (d) of this section.
   2. (2) The Fund shall be funded by an assessment on natural gas companies, electric companies, and persons who deliver heating oil or fuel oil to end-users in the District imposed pursuant to subsection (b) of this section.
   3. (3) All funds collected from these sources shall be deposited into the Fund and shall be disbursed by the Fiscal Agent.

2. (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 $0.077132 in fiscal year 2026; and
      2. (B) The amount of $0.090112 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 $0.004854 in fiscal year 2026; and
      2. (B) The amount of $0.005544 in fiscal year 2027 and each fiscal year thereafter.

   3. (3) 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, as assessment calculated on sales as follows:

      1. (A) The amount of $0.059008 per gallon in fiscal year 2026; and
      2. (B) The amount of $0.064586 per gallon in fiscal year 2027 and each fiscal year thereafter.

3. (c) Money in the Fund shall only be used for the purchase of wind or solar energy from the PJM interconnection region by the District government through a power purchase agreement and the purchase of other energy for the District government in an amount not to exceed the following thresholds:

   1. (1) For fiscal year 2026, $70,101,974; and
   2. (2) For fiscal years 2027, 2028, and 2029, $80,601,974.

4. (d)

   1. (1) 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.
   2. (2) 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.

History

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

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

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

Emergency Legislation

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