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The DC Code: § 8-1774.05 Implementation of the Sustainable Energy Utility contract.

Index8 Environmental and Animal Control and Protection (Refs & Annos)
The District Department of the Environment shall be responsible for the procurement and monitoring of the contract for the SEU, including:
Drafting and revising the RFP for the SEU;
Staffing the Advisory Board;
Accepting the bids for the SEU contract;
Reviewing bids for the SEU contract; and
All other responsibilities not otherwise expressly delegated to another entity for purposes of operation under this chapter.
Within 180 days of the Board's recommendation of performance benchmarks for the SEU contract, pursuant to § 8-1774.04(c), the DDOE shall prepare a draft RFP and submit the RFP to the Board for comments. In preparing the RFP, the DDOE shall consult with at least one person or organization that has had experience in the drafting of a RFP for the state-wide provision of end-user energy efficiency services, and shall hold an industry day to solicit the advice and input of private entities that may bid on the contract.
Within 60 days of the receipt of the Board's comments on the RFP pursuant to § 8-1774.04(d), the DDOE shall revise the RFP to the extent it considers necessary and shall issue the RFP for bids for such period as it considers appropriate.
If the DDOE determines that there is not a sufficient bid, DDOE shall modify the RFP, if necessary, and solicit additional bids.
The DDOE shall maintain the brand name adopted pursuant to § 8-1774.06.
The DDOE shall administer the transition from one SEU to another.
Prior to the execution of the contract with the SEU, $775,000 shall be allocated annually for the purposes of:
Preparing the RFP;
Staffing the Board;
Maintaining the brand name adopted pursuant to § 8-1774.06; and
Operating the renewable energy rebate program established by § 8- 1774.09.
After the execution of the contract with the SEU, 10% of the annual cost of the SEU contract shall be allocated to DDOE for administrative costs.
The DDOE shall submit to the Council, within 30 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 DDOE shall make this document available to the public on its website within 10 days of its receipt.
The DDOE 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.

Historical and Statutory

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". Temporary Amendments of Section Section 2(c) of D.C. Law 18-269 repealed subsec. (d). Section 4(b) of D.C. Law 18-269 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments 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). Legislative History of Laws For Law 17-250, see notes following § 8-1773.01. For history of Law 18-331, see notes under § 8-1774.02. Law 18-370, the "Fiscal Year 2011 Supplemental Budget Support Act of 2010", was introduced in Council and assigned Bill No. 18-1100, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on January 27, 2011, it was assigned Act No. 18-721 and transmitted to both Houses of Congress for its review. D.C. Law 18-370 became effective on April 8, 2011. Miscellaneous Notes 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". Section 613 of D.C. Law 18-370 provides: "Sec. 613. Applicability. "This subtitle shall apply as of October 1, 2010. " DC CODE § 8-1774.05 Current through December 11, 2012


(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.)