§ 34–1432. Renewable energy portfolio standard.

(a) The Commission shall implement a renewable energy portfolio standard which applies to all District of Columbia retail electricity sales, except as provided under subsection (b) of this section.

(a-1)(1) For nonresidential solar heating, cooling, or process heat property systems producing or displacing greater than 10,000 kilowatt hours per year, the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by an onsite energy meter that meets performance standards established by OIML.

(2) For nonresidential solar heating, cooling, or process heat property systems producing or displacing 10,000 or less than 10,000 kilowatt hours per year, the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by the SRCC OG-300 annual system performance rating protocol or the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by an onsite energy meter that meets performance standards established by OIML; and

(3) For residential solar thermal systems, the systems shall be SRCC OG-300 system certified and the energy output shall be determined by the SRCC OG-300 annual rating protocol or the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by an onsite energy meter that meets performance standards established by OIML.

(b)(1) If the standard becomes applicable to electricity sold to a customer after the start of a calendar year, the standard shall not apply to electricity sold to the customer during that portion of the year before the standard became applicable.

(2) The standard shall not apply to electricity sold to the District of Columbia government, not including independent agencies, authorities, or instrumentalities, beginning January 1, 2024, and ending September 30, 2028.

(3) The District of Columbia government shall not purchase renewable energy credits that do not meet the requirements of the standard until the electricity sold to the District of Columbia government is in compliance with the standard.

(1) In 2011, 4% from tier one renewable sources, 2.5% from tier two renewable sources, and not less than 0.40% from solar energy;

(2) In 2012, 5% from tier one renewable sources, 2.5% from tier two renewable sources, and not less than 0.50% from solar energy;

(3) In 2013, 6.5% from tier one renewable sources, 2.5% from tier two renewable sources, and not less than 0.50% from solar energy;

(4) In 2014, 8% from tier one renewable sources; 2.5% from tier two renewable sources, and not less than 0.60% from solar energy;

(5) In 2015, 9.5% from tier one renewable sources, 2.5% from tier two renewable sources, and not less than 0.70% from solar energy;

(6) In 2016, 11.5% from tier one renewable sources, 2% from tier two renewable sources, and not less than 0.825% from solar energy;

(7) In 2017, 13.5% from tier one renewable sources, 1.5% from tier two renewable sources, and not less than 0.98% from solar energy;

(8) In 2018, 15.5% from tier one renewable sources, 1% from tier two renewable sources, and not less than 1.15% from solar energy;

(9) In 2019, not less than 17.5% from tier one renewable sources, 0.5% from tier two renewable sources, and not less than 1.85% from solar energy;

(10) In 2020, not less than 20% from tier one renewable sources, 0% from tier two renewable sources, and not less than 2.175% from solar energy;

(11) In 2021, not less than 26.25% from tier one renewable sources, 0% from tier two renewable sources, and not less than 2.5% from solar energy;

(12) In 2022, not less than 32.5% from tier one renewable sources, 0% from tier two renewable sources, and not less than 2.6% from solar energy;

(13) In 2023, not less than 38.75% from tier one renewable sources, 0% from tier two renewable sources, and not less than 3.0% from solar energy;

(14) In 2024, not less than 45.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 3.65% from solar energy;

(15) In 2025, not less than 52.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 4.3% from solar energy;

(16) In 2026, not less than 59.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 5.0% from solar energy;

(17) In 2027, not less than 66.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 5.65% from solar energy;

(18) In 2028, not less than 73.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 6.3% from solar energy;

(19) In 2029, not less than 80.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 7.0% from solar energy;

(20) In 2030, not less than 87.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 7.65% from solar energy;

(21) In 2031, not less than 94.0% from tier one renewable sources, 0% from tier two renewable sources, and not less than 8.3% from solar energy;

(22) In 2032, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 9.0% from solar energy;

(23) In 2033, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 9.65% from solar energy;

(24) In 2034, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 10.3% from solar energy;

(25) In 2035, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 11.0% from solar energy;

(26) In 2036, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 11.65% from solar energy;

(27) In 2037, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 12.3% from solar energy;

(28) In 2038, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 13.0% from solar energy;

(29) In 2039, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 13.65% from solar energy;

(30) In 2040, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 14.3% from solar energy; and

(31) In 2041 and thereafter, not less than 100% from tier one renewable sources, 0% from tier two renewable sources, and not less than 15.0% from solar energy.

(d) Subject to subsections (a) and (c) of this section, an electricity supplier shall meet the standard by obtaining the equivalent amount of renewable energy credits that equal the percentage required under this section for each electricity product sold at retail by the electricity supplier.

(e)(1) Subject to subsections (a) and (c) of this section, an electricity supplier shall meet the solar requirement by obtaining the equivalent amount of renewable energy credits from solar energy systems no larger than 15MW in capacity located within the District or in locations served by a distribution feeder serving the District; provided, that renewable energy credits from solar energy systems larger than 15MW in capacity located on property owned by the District, or by any agency or independent authority of the District, may be used to meet the solar requirement.

(2) As of January 1, 2015, notwithstanding paragraph (1) of this subsection, an electricity supplier may meet the remaining non-solar tier one renewable source requirement of the renewable energy portfolio standard by obtaining the equivalent amount of renewable energy credits from solar energy systems that do not satisfy the requirements under paragraph (1) of this subsection.

(3) Any solar energy system that is not located within the District or in a location served by a distribution feeder serving the District and that was certified as eligible to produce renewable energy credits meeting the solar requirement of the renewable energy portfolio standard by the Commission prior to February 1, 2011, shall be decertified by the Commission effective January 1, 2025.

(f) No later than March 1, 2017, the Commission shall provide a report to the Council that includes:

(1) An estimate of the amount of solar energy generated annually by solar energy systems in the District that could qualify to be used to meet the annual solar energy requirement, but for which renewable energy credits cannot be purchased by electricity suppliers to meet the solar energy requirement; and

(2) A recommendation for how the Commission could adjust the annual solar requirement to account for the amount of solar generation identified in paragraph (1) of this subsection.

(Apr. 12, 2005, D.C. Law 15-340, § 4, 52 DCR 2285; Oct. 22, 2008, D.C. Law 17-250, § 301(b), 55 DCR 9225; Sept. 24, 2010, D.C. Law 18-223, § 2223(b), 57 DCR 6242; Oct. 20, 2011, D.C. Law 19-36, § 2(a), 58 DCR 6837; Feb. 26, 2015, D.C. Law 20-155, § 6052, 61 DCR 9990; Oct. 8, 2016, D.C. Law 21-154, § 2(b), 63 DCR 10138; Mar. 22, 2019, D.C. Law 22-257, § 101(b)(1), 66 DCR 1344; Mar. 10, 2023, D.C. Law 24-314, § 2(a), 70 DCR 606; Sept. 18, 2024, D.C. Law 25-217, § 6012, 71 DCR 9990.)

Effect of Amendments

D.C. Law 17-250 added subsecs. (a-1) and (e); and rewrote subsec. (c).

D.C. Law 18-223 rewrote subsec. (e), which had read as follows: “(e) Subject to subsections (a) and (c) of this section, an electricity supplier shall meet the solar requirement by obtaining the equivalent amount of renewable energy credits from solar energy systems interconnected to the distribution grid serving the District of Columbia. Only after an electricity supplier exhausts all opportunity to meet this requirement that the solar energy systems be connected to the grid within the District of Columbia, can that supplier obtain renewable energy credits from jurisdictions outside the District of Columbia.”

D.C. Law 19-36 rewrote subsecs. (a-1), (c), and (e).

The 2015 amendment by D.C. Law 20-155 added “provided, that renewable energy credits from solar energy systems larger than 5MW in capacity located on property owned by the District, or by any agency or independent authority of the District, may be used to meet the solar requirement” in (e)(1); and rewrote (e)(2).

Applicability

For a technical correction to section 3 of D.C. Law 24-314, see section 8002(f) of D.C. Law 25-50.

Section 4 of D.C. Law 24-314 provided that this act shall apply as of March 1, 2023, or as of the effective date of this act, whichever occurs later.

Section 3 of D.C. Law 24-314 provided that 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.

Section 101(b)(2) of D.C. Law 22-257 provided that changes made to subsection (c) of this section by D.C. Law 22-257 shall not apply to any contract entered into before March 22, 2019; provided, that this subsection shall apply to an extension or renewal of such a contract.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6012 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 8(a) of Fiscal Year 2024 Revised Local Budget Adjustment Emergency Act of 2024 (D.C. Act 25-499, July 8, 2024, 71 DCR 7957).

For temporary (90 day) amendment of section, see § 301(b) 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(b) of Solar Thermal Incentive Emergency Amendment Act of 2010 (D.C. Act 18-426, May 21, 2010, 57 DCR 4775).

For temporary (90 day) amendment of section, see § 2223(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 2 of Solar Collector Certification Emergency Amendment Act of 2010 (D.C. Act 18-600, November 17, 2010, 57 DCR 11035).

For temporary (90 day) amendment of section, see § 2(a) of Distributed Generation Emergency Amendment Act of 2011 (D.C. Act 19-126, August 1, 2011, 58 DCR 6766).

For temporary (90 day) amendment of section, see § 2(a) of Distributed Generation Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-192, October 18, 2011, 58 DCR 9154).

For temporary (90 days) amendment of this section, see § 6062 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 § 6052 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 6052 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).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 8(a) of Fiscal Year 2024 Revised Local Budget Adjustment Temporary Act of 2024 (D.C. Law 25-208, Sept. 18, 2024, 71 DCR 9914).

Section 2(b) of D.C. Law 18-217 substituted “located within the District” for “interconnected to the distribution grid serving the District of Columbia”; and deleted “that the solar energy systems be connected to the grid within the District of Columbia,”.

Section 4(b) of D.C. Law 18-217 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 18-303 amended subsec. (a-1) to read as follows:

“(a-1)(1) For nonresidential solar heating, cooling, or process heat property systems producing or displacing greater than 10,000 kilowatt hours per year, the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by an onsite energy meter that meets performance standards established by the International Organization of Legal Meterology (’OIML’).

“(2) For nonresidential solar heating, cooling, or process heat property systems producing not more than 10,000 kilowatt hours per year, the solar collectors used shall be SRCC OG-100 certified and the energy output shall be determined by the SRCC OG-300 annual system performance rating protocol or by an onsite energy meter that meets performance standards established by OIML.

“(3) For residential solar thermal systems, the systems shall be SRCC OG-300 system certified and the energy output shall be determined by the SRCC OG-300 annual rating protocol or by an onsite energy meter that meets performance standards established by OIML.”

Section 4(b) of D.C. Law 18-303 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Applicability of D.C. Law 19-36: Section 3 of D.C. Law 19-36, as amended by D.C. Law 20-245, § 3, provided that the act (a) shall apply as of July 12, 2011; and (b) shall not apply to contracts entered into before August 1, 2011, provided that, for a contract entered into before August 1, 2011, the act shall apply to an extension or renewal of that contract executed on or after August 1, 2011.