ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend the Renewable Energy Portfolio Standard Act of 2004 to increase the renewable
portfolio standard for local solar from 10% to 15% by 2041, to adjust the phasedown of
the alternative compliance payment for local solar, to direct a portion of the funds
collected from the alternative compliance payment each year to provide supplemental
funding to the Districts low-income ratepayer relief fund and programming to increase
the number of low-income ratepayers participating in the Districts energy affordability
programs, and to require the Office of Peoples Counsel to commission a study of the
benefits and costs of the Districts local solar policies every 3 years.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Local Solar Expansion Amendment Act of 2022.
Sec. 2. The Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005
(D.C. Law 15-340; D.C. Official Code 34-1431 et seq.), is amended as follows:
(a) Section 4(c) (D.C. Official Code 34-1432(c)) is amended as follows:
(1) Paragraph (13) is amended by striking the phrase 2.85% from solar energy
and inserting the phrase 3.0% from solar energy in its place.
(2) Paragraph (14) is amended by striking the phrase 3.15% from solar energy
and inserting the phrase 3.65% from solar energy in its place.
(3) Paragraph (15) is amended by striking the phrase 3.45% from solar energy
and inserting the phrase 4.3% from solar energy in its place.
(4) Paragraph (16) is amended by striking the phrase 3.75% from solar energy
and inserting the phrase 5.0% from solar energy in its place.
(5) Paragraph (17) is amended by striking the phrase 4.1% from solar energy
and inserting the phrase 5.65% from solar energy in its place.
(6) Paragraph (18) is amended by striking the phrase 4.5% from solar energy
and inserting the phrase 6.3% from solar energy in its place.
(7) Paragraph (19) is amended by striking the phrase 4.75% from solar energy
and inserting the phrase 7.0% from solar energy in its place.
(8) Paragraph (20) is amended by striking the phrase 5.0% from solar energy
and inserting the phrase 7.65% from solar energy in its place.
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ENROLLED ORIGINAL
(9) Paragraph (21) is amended by striking the phrase 5.25% from solar energy
and inserting the phrase 8.3% from solar energy in its place.
(10) Paragraph (22) is amended by striking the phrase 5.5% from solar energy
and inserting the phrase 9.0% from solar energy in its place.
(11) Paragraph (23) is amended by striking the phrase 6.0% from solar energy
and inserting the phrase 9.65% from solar energy in its place.
(12) Paragraph (24) is amended by striking the phrase 6.5% from solar energy
and inserting the phrase 10.3% from solar energy in its place.
(13) Paragraph (25) is amended by striking the phrase 7.0% from solar energy
and inserting the phrase 11.0% from solar energy in its place.
(14) Paragraph (26) is amended by striking the phrase 7.5% from solar energy
and inserting the phrase 11.65% from solar energy in its place.
(15) Paragraph (27) is amended by striking the phrase 8.0% from solar energy
and inserting the phrase 12.3% from solar energy in its place.
(16) Paragraph (28) is amended by striking the phrase 8.5% from solar energy
and inserting the phrase 13.0% from solar energy in its place.
(17) Paragraph (29) is amended by striking the phrase 9.0% from solar energy
and inserting the phrase 13.65% from solar energy in its place.
(18) Paragraph (30) is amended by striking the phrase 9.5% from solar energy
and inserting the phrase 14.3% from solar energy in its place.
(19) Paragraph (31) is amended by striking the phrase 10.0% from solar energy
and inserting the phrase 15.0% from solar energy in its place.
(b) Section 6(c)(3) (D.C. Official Code 34-1434(c)(3)) is amended to read as follows:
(3) For each kilowatt-hour of shortfall from required solar energy sources, the
following amounts:
(A) Fifty cents in 2016 through 2023;
(B) Forty-eight cents in 2024;
(C) Forty-six cents in 2025;
(D) Forty-four cents in 2026;
(E) Forty-two cents in 2027;
(F) Forty cents in 2028;
(G) Thirty-eight cents in 2029;
(H) Thirty-six cents in 2030;
(I) Thirty-four cents in 2031;
(J) Thirty-two cents in 2032;
(K) Thirty cents in 2033 through 2041; and
(L) Ten cents in 2042 and thereafter..
(c) Section 8(c)(1) (D.C. Official Code 34-1436(c)(1)) is amended as follows:
(1) Subparagraph (I) is amended by striking the phrase ; and and inserting a
semicolon in its place.
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ENROLLED ORIGINAL
(2) Subparagraph (J) is amended by striking the period and inserting a semicolon
in its place.
(3) New subparagraphs (K), (L), (M), and (N) are added to read as follows:
(K) Covering any costs to the District associated with implementing the
Local Solar Expansion Amendment Act of 2022, passed on 2nd reading on December 20, 2022
(Enrolled version of Bill 24-950);
(L) Beginning in fiscal year 2026, transferring funding, in an amount to
be determined by DOEE in its discretion, to the Energy Assistance Trust Fund for the purpose of
expanding access to the Districts low-income utility assistance programs;
(M) Beginning in fiscal year 2025, supporting programming to increase
awareness of the Solar for All program and to increase the number of residents enrolled in the
Districts low-income utility assistance programs, in an amount no greater than $150,000 per
year; and
(N) Beginning in fiscal year 2025, providing up to $100,000 per year to
fund the triennial study of local solar policy benefits and costs required under section 8a, which
may be used by the contractor selected pursuant to section 8a at any time during the 3-year
period of the study..
(d) A new section 8a is added to read as follows:
Sec. 8a. Triennial study of local solar policy benefits and costs.
(a)(1) The Peoples Counsel shall commission a recurring study to assess the benefits
and costs of the solar requirements in this act as well as the technical and economic potential of
solar energy generation in the District. The study shall address, at a minimum, the:
(A) Benefits of locally produced solar energy to the Districts electrical
grid and the Districts clean energy goals (including the Solar for All program);
(B) Need for and potential costs of system upgrades and programs by
ward; and
(C) Costs to ratepayers of the Renewable Energy Portfolio Standards
solar energy requirements.
(2) The study shall also compare the Districts local solar energy policies to
policies supporting the expansion of solar resources in other jurisdictions.
(b)(1) By no later than October 1, 2027, the Peoples Counsel shall submit a complete
copy of the study, and, based on the results of the study, offer recommendations regarding
legislative and regulatory changes to ensure that ratepayers are not unduly impacted (initial
submission).
(2) The Peoples Counsel shall submit updated findings and recommendations
every 3 years after the initial submission..
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ENROLLED ORIGINAL
Sec. 3. Applicability for certain contracts.
For 3 years after the date described in section 4, section 2(a) shall not apply to any
contract entered into before the date described in subsection (a) of this section; except, that
section 2(a) shall apply to an extension or renewal of such a contract.
Sec. 4. Applicability.
This act shall apply as of March 1, 2023, or as of the effective date of this act, whichever
occurs later.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the
fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 30-day period of congressional review
as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(l)), and publication in the District of
Columbia Register.
______________________________
Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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