D.C. Law 24-314. Local Solar Expansion Amendment Act of 2022.
AN ACT
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 District's low-income ratepayer relief fund and programming to increase the number of low-income ratepayers participating in the District's energy affordability programs, and to require the Office of People's Counsel to commission a study of the benefits and costs of the District's 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.
(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.
(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 District's 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 District's 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
(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 People's Counsel shall commission a recurring study to assess the benefits and costs of the solar requirements in
"(A) Benefits of locally produced solar energy to the District's electrical grid and the District's 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 District's 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 People's 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 People's Counsel shall submit updated findings and recommendations every 3 years after the initial submission.".
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.
