Code of the District of Columbia

§ 8–1774.05. Implementation of the Sustainable Energy Utility contract.

(a) The DOEE shall be responsible for the procurement and monitoring of the contract for the SEU, including:

(1) Drafting and revising the RFP for the SEU;

(2) Staffing the Advisory Board;

(3) Accepting the bids for the SEU contract;

(4) Reviewing bids for the SEU contract; and

(5) All other responsibilities not otherwise expressly delegated to another entity for purposes of operation under this chapter.

(b) At least 90 days before issuing a new RFP for the SEU contract, DOEE shall solicit recommendations from the Board and the public for performance benchmarks for the contract. In preparing the RFP, DOEE shall hold an industry day to solicit the advice and input of private entities that may bid on the contract.

(c) Repealed.

(d) Repealed.

(e) If the DOEE determines that there is not a sufficient bid, DOEE shall modify the RFP, if necessary, and solicit additional bids.

(f) The DOEE shall maintain the brand name adopted pursuant to § 8-1774.06.

(g) The DOEE shall administer the transition from one SEU to another.

(h) Prior to the execution of the contract with the SEU, $775,000 shall be allocated annually for the purposes of:

(1) Preparing the RFP;

(2) Staffing the Board;

(3) Maintaining the brand name adopted pursuant to § 8-1774.06; and

(4) Operating the renewable energy rebate program established by § 8-1774.09.

(i) After the execution of the contract with the SEU, 10% of the annual cost of the SEU contract shall be allocated to DOEE for administrative costs.

(j) The DOEE shall submit to the Council, within 90 days following the end of each fiscal year, a report detailing the expenditures of money from the SETF and EATF during the previous fiscal year. The DOEE shall make this document available to the public on its website within 10 days of its receipt.

(k) The DOEE shall commission, on an annual basis, an independent review of the performance and expenditures of the SEU and shall provide the results of this review to the Board and Council within 6 months of the conclusion of each year of the SEU contract.

(Oct. 22, 2008, D.C. Law 17-250, § 205, 55 DCR 9225; Mar. 31, 2011, D.C. Law 18-331, § 3(c), 58 DCR 22; Apr. 8, 2011, D.C. Law 18-370, § 612(a), 58 DCR 1008; Oct. 22, 2015, D.C. Law 21-36, § 6092(d), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6042(f), 63 DCR 10775.)

Section References

This section is referenced in § 8-1774.04 and § 8-1774.10.

Effect of Amendments

D.C. Law 18-331 repealed subsec. (d), which had read as follows: “(d) Within 30 days of the completion of the bidding period, the DDOE shall submit the bids to the Board. The Board shall have 30 days to recommend a bidder or, failing the submission of a bid considered adequate by the Board, recommend the modification of the RFP.”

D.C. Law 18-370, in subsec. (h), substituted “$775,000” for “$1 million”.

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).

Emergency Legislation

For temporary (90 day) addition, see § 205 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(c) of Sustainable Energy Utility Emergency Amendment Act of 2010 (D.C. Act 18-521, July 30, 2010, 57 DCR 7999).

For temporary (90 day) amendment of section, see § 612(a) 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 days) amendment of this section, see § 6092(d) 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(c) of D.C. Law 18-269 repealed subsec. (d).

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

Short Title

Short title: Section 611 of D.C. Law 18-370 provided that subtitle B of title VI of the act may be cited as “Clean and Affordable Energy Second Amendment Act of 2010”.

Editor's Notes

Section 613 of D.C. Law 18-370 provided: “Sec. 613. Applicability. This subtitle shall apply as of October 1, 2010.”