Code of the District of Columbia

§ 8–1774.02. Structure of the SEU contract.

(a) The initial SEU contract shall be for a period of not less than 5 years. Upon the expiration of the initial SEU contract, including any option years, subsequent SEU contracts shall be multiyear contracts of not less than 4 years. If options to extend the SEU contract are included in subsequent SEU contracts, the option periods shall be for not less than 2 years.

(b) The SEU contract shall be funded as provided in § 8-1774.01(e).

(c) The SEU contract shall be performance-based and shall provide financial incentives for the SEU to surpass the performance benchmarks set forth in the SEU contract. The SEU contract shall also provide financial penalties to be applied to the SEU if the SEU fails to meet the required performance benchmarks.

(d) The SEU contract shall require that the SEU energy efficiency programs shall, when taken as a whole, meet the societal benefit test on a contract-term basis.

(e) Each bid shall detail how the contractor proposes to nearly meet, meet, or exceed each performance benchmark. The performance benchmarks shall be set forth in the bid.

(f) The SEU contract shall permit the programs, benchmarks, and level of funding to be changed at any time with the approval of both the SEU and the DOEE. No change to the funding shall allow the Mayor to exceed the SETF funding limits set forth in § 8-1774.10.

(g) The SEU contract shall be revocable if the SEU fails to meet the performance benchmarks of the contract.

(h) Repealed.

(i) Repealed.

(j) Repealed.

(k) The SEU contract shall provide that the SEU shall submit, to the DOEE and Board, a quarterly report detailing expenditures under the contract and performance of SEU programs.


(Oct. 22, 2008, D.C. Law 17-250, § 202, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(a), 58 DCR 22; Feb. 26, 2015, D.C. Law 20-155, § 6062(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6092(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(c), 63 DCR 10775; Mar. 22, 2019, D.C. Law 22-257, § 201(a), 66 DCR 1344.)

Effect of Amendments

D.C. Law 18-331, in subsec. (d), substituted “energy efficiency programs” for “program”.

The 2015 amendment by D.C. Law 20-155 added the last two sentences in (a).

The 2015 amendment by D.C. Law 21-36 substituted “on a contract-term basis” for “on an annual and contract-term basis” in (d); and substituted “75% of the amount” for “75%, and no greater than 125%, of the amount” in (h) and (i).

Applicability

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.

Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the change made to this section by § 201(a) 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.

Emergency Legislation

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) 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 day) addition, see § 202 of Clean and Affordable Energy Emergency Act of 2008 (D.C. Act 17-508, September 25, 2008, 55 DCR 10856).

For temporary (90 day) amendment of section, see § 2(a) of Sustainable Energy Utility Emergency Amendment Act of 2010 (D.C. Act 18-521, July 30, 2010, 57 DCR 7999).

For temporary (90 days) amendment of this section, see § 6072(b) 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 (90 days) amendment of this section, see § 6062(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 1091, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 6062(b) 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 § 6092(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 2(a) of D.C. Law 18-269, in subsec. (d), substituted “energy efficiency programs” for “program”.

Section 4(b) of D.C. Law 18-269 provided that the act shall expire after 225 days of its having taken effect.