There is established as a special fund the Sustainable Energy Trust Fund, which shall be used solely for the purposes stated in subsection (c) of this section. The Sustainable Energy Trust Fund shall be funded by an assessment on the natural gas and electric companies under subsection (b) of this section and from the sale of credits associated with the Regional Greenhouse Gas Initiative or any successor program. All funds collected from these sources shall be deposited into the SETF and shall be disbursed by the Fiscal Agent. The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation. There is imposed upon the natural gas company an assessment calculated on sales on a per-therm basis as follows: The amount of $.011 in fiscal year 2009; The amount of $.012 in fiscal year 2010; The amount of $.014 in fiscal year 2011 and each year thereafter. There is imposed upon the electric company an assessment calculated on sales on a per-kilowatt hour basis as follows: The amount of $.0011 in fiscal year 2009; The amount of $.0013 in fiscal year 2010; The amount of $.0015 in fiscal year 2011 and each year thereafter. The assessments shall be paid to the Fiscal Agent before the 21st day of each month, beginning in November, 2008, or the 1st full month following October 22, 2008, whichever is later, for sales for the preceding billing period. The assessment shall be applied to the sale of every kilowatt hour and therm in the District, except to those sold to residents participating in the Residential Essential Service or Residential Aid Discount programs established by the Commission. Nothing in this subchapter shall be construed to prohibit the electric company or natural gas company from recovering the assessment imposed under paragraphs (1) and (2) of this section, respectively, in its rates as a surcharge on customers’ bills. The funds in the Sustainable Energy Trust Fund shall be used solely to fund: The SEU contract in an amount of at least $20 million annually; The administration of the SEU contract and the development of a comprehensive energy plan by DDOE, on an annual basis, equal to 10% of the authorized contract level in that fiscal year; An independent review of the performance of the SEU under § 8-1774.05(k) in the amount of $100,000 annually, beginning in fiscal year 2012; The activities of the SEU Advisory Board under § 8-1774.03 in the amount of $9,800 annually; Repealed; Repealed; Repealed; Repealed; Implementation of the EnergyStar® benchmarking program required by § 6-1451.03 ; provided, that the program does not require an allocation of funds other than those already set forth in this section; and The Low Income Home Energy Assistance Program, in the amount of no more than $1.5 million in Fiscal Year 2016. If, at the beginning of a fiscal year, the fund balance of the SETF exceeds the projected annual cost of all programs pursuant to subsection (c) of this section in that fiscal year by at least $10 million, the Fiscal Agent shall suspend payment and the collection of the SETF assessment, until such excess is estimated by the Fiscal Agent to be $5 million. The DDOE shall submit to the Council a quarterly report detailing: Expenditures from the SETF; and The performance of SETF programs operated by the DDOE.
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