Initial Legislative Session Wrap-Up [Highlights], First Session, 153rd General Assembly (2025)
Note: What follows is a preliminary “after-action” summary of this past session. More detailed reports/updates will follow in upcoming days and weeks.
General Assembly (First Session, 153rd G.A.) Adjourns
Early in the morning on July 1, the Delaware General Assembly concluded legislative business for the First Session of the 153rd General Assembly. Though the Delaware Constitution, as of an amendment that took effect in 2023, allows the General Assembly to adjourn to the call of the chair (speaker and president pro tem respectively) at 5:00 p.m. on June 30, both chambers had considerable work yet to do and went into special session. The House adjourned at approximately 2:00 a.m., with the Senate adjourning not long before that.
This session brought considerable change to Dover as a new administration took office and eight freshmen members started their legislative service (two in the Senate and six in the House). As the new administration hit its stride and newly elected members began introducing legislation, the business community, advocates, and constituents noted a new and still evolving dynamic. Ultimately, as is almost always the case in Delaware, leaders found a way to forge solutions and do the people’s business.
Of particular note, where change is concerned, was a new leadership slate in the House of Representatives in both caucuses. In January, Representative Melissa Minor-Brown (D-RD 17) was elected Speaker. She is the first woman of color, first African American, and first nursing professional to serve as Speaker of the Delaware House of Representatives. Speaker Minor-Brown demonstrated skilled, transparent, and highly commendable leadership and proved resolute at key junctures. It was apparent during the session that she worked with the intention to consider the interests and concerns of communities throughout Delaware. The NCC Chamber congratulates the Speaker again for her election and thanks her for her leadership. She is joined on the House leadership team by Majority Leader Kerri Evelyn Harris (D-RD 32) and Majority Whip Ed Osienski (D-RD 24), both of whom also acquitted themselves well. The House Minority Caucus elected Representative Tim Dukes (R-RD 40) as Minority Leader and Representative Jeff Spiegelman (R-RD 11) as Minority Whip. Both veteran legislators proved in their new leadership roles that it remains possible to serve as the loyal opposition and to do so with integrity. On key issues, such as SS 1 for SB 21 (Delaware General Corporation Law amendments), they worked in a bi-partisan fashion to put Delaware first. Where they differed with the majority on issues before them, they did so in a principled and courteous way, in keeping with the traditions of the institution.
Apart from a likely Senate special session, generally convened in September or October to consider gubernatorial nominations, the General Assembly is not scheduled to come back into session until Tuesday, January 13 [2026 Session Schedule].
Apart from change, the other major themes of this session were energy policy, environmental policy, amendments to the Delaware General Corporation Law, and budgetary matters.
Appropriations Bills – FY 2026 Budget Package
This session there was uncertainty stemming from changes to federal funding practices (executive orders, recissions, etc.), still pending potential changes to federal programs such as Medicaid, the Affordable Care Act, the Supplemental Nutrition Assistance Program (food stamps), and other items in the budget bill making its way through Congress, and anticipated economic turbulence resulting from new U.S. trade policy (tariffs, etc.). Ultimately, the chairs and co-chairs of the Delaware General Assembly appropriations committees and House and Senate leadership were able to come together to craft an FY 2026 state budget package.
The NCC Chamber congratulates members of the Joint Finance Committee (JFC) and the Joint Capital Improvement Committee (Bond Bill) and their respective chairs and co-chairs for successfully concluding work on the FY 2026 Budget. This year, Representative Kim Williams (D-RD 19) served as JFC Chair and Senator Trey Paradee (D-SD 17) served as JFC co-chair, while Senator Jack Walsh (D-SD 9) served as Chair of the Bond Bill Committee, with Representative Debra Heffernan (D-RD 6) serving as co-chair.
The FY 2026 operating budget, HB 225 w/ HA 1 is comprised a total appropriations of $8.019 billion. Of that total, the appropriations subtotals, by category are as follows: $6.581 billion (General Fund); $973.782 million (appropriated special funds – ASF); and $464.774 million (Trust Fund Operations). Operating budget growth for FY 2026, based on the appropriations in HB 225 w/ HA 1 comes to 7.3 %, versus 10% in FY 24 and 9.97% in FY 25. Total appropriations in the one-time supplemental budget bill, HB 226, come to $37 million. Status: Both bills signed by the Governor (June 30).
The Capital Budget , SB 200 which includes appropriations for the Community Redevelopment/ Reinvestment Fund. SB 200 (three-fourths vote per Article VIII, §3 of the Delaware Constitution) was reconsidered by the Senate and passed by the House on June 30. Total FY 2026 Capital Budget appropriations come to $977,310,591 versus $1,116,157,080 for FY 2025. Status: Signed by the Governor (June 30).
The Grants-in-Aid Budget, HB 230 was introduced on Thursday, June 27th. It is the legislative appropriations vehicle used to appropriate funds to non-profit charitable organizations and fire companies. This legislation requires a three-fourths vote as well, required by Article VIII, §4 of the Delaware Constitution. HB 230 will come before the House and Senate on Monday, June 30. The FY 2026 Grants-in-Aid bill, according to its synopsis:
General Assembly (First Session, 153rd G.A.) Adjourns
Early in the morning on July 1, the Delaware General Assembly concluded legislative business for the First Session of the 153rd General Assembly. Though the Delaware Constitution, as of an amendment that took effect in 2023, allows the General Assembly to adjourn to the call of the chair (speaker and president pro tem respectively) at 5:00 p.m. on June 30, both chambers had considerable work yet to do and went into special session. The House adjourned at approximately 2:00 a.m., with the Senate adjourning not long before that.
This session brought considerable change to Dover as a new administration took office and eight freshmen members started their legislative service (two in the Senate and six in the House). As the new administration hit its stride and newly elected members began introducing legislation, the business community, advocates, and constituents noted a new and still evolving dynamic. Ultimately, as is almost always the case in Delaware, leaders found a way to forge solutions and do the people’s business.
Of particular note, where change is concerned, was a new leadership slate in the House of Representatives in both caucuses. In January, Representative Melissa Minor-Brown (D-RD 17) was elected Speaker. She is the first woman of color, first African American, and first nursing professional to serve as Speaker of the Delaware House of Representatives. Speaker Minor-Brown demonstrated skilled, transparent, and highly commendable leadership and proved resolute at key junctures. It was apparent during the session that she worked with the intention to consider the interests and concerns of communities throughout Delaware. The NCC Chamber congratulates the Speaker again for her election and thanks her for her leadership. She is joined on the House leadership team by Majority Leader Kerri Evelyn Harris (D-RD 32) and Majority Whip Ed Osienski (D-RD 24), both of whom also acquitted themselves well. The House Minority Caucus elected Representative Tim Dukes (R-RD 40) as Minority Leader and Representative Jeff Spiegelman (R-RD 11) as Minority Whip. Both veteran legislators proved in their new leadership roles that it remains possible to serve as the loyal opposition and to do so with integrity. On key issues, such as SS 1 for SB 21 (Delaware General Corporation Law amendments), they worked in a bi-partisan fashion to put Delaware first. Where they differed with the majority on issues before them, they did so in a principled and courteous way, in keeping with the traditions of the institution.
Apart from a likely Senate special session, generally convened in September or October to consider gubernatorial nominations, the General Assembly is not scheduled to come back into session until Tuesday, January 13 [2026 Session Schedule].
Apart from change, the other major themes of this session were energy policy, environmental policy, amendments to the Delaware General Corporation Law, and budgetary matters.
Appropriations Bills – FY 2026 Budget Package
This session there was uncertainty stemming from changes to federal funding practices (executive orders, recissions, etc.), still pending potential changes to federal programs such as Medicaid, the Affordable Care Act, the Supplemental Nutrition Assistance Program (food stamps), and other items in the budget bill making its way through Congress, and anticipated economic turbulence resulting from new U.S. trade policy (tariffs, etc.). Ultimately, the chairs and co-chairs of the Delaware General Assembly appropriations committees and House and Senate leadership were able to come together to craft an FY 2026 state budget package.
The NCC Chamber congratulates members of the Joint Finance Committee (JFC) and the Joint Capital Improvement Committee (Bond Bill) and their respective chairs and co-chairs for successfully concluding work on the FY 2026 Budget. This year, Representative Kim Williams (D-RD 19) served as JFC Chair and Senator Trey Paradee (D-SD 17) served as JFC co-chair, while Senator Jack Walsh (D-SD 9) served as Chair of the Bond Bill Committee, with Representative Debra Heffernan (D-RD 6) serving as co-chair.
The FY 2026 operating budget, HB 225 w/ HA 1 is comprised a total appropriations of $8.019 billion. Of that total, the appropriations subtotals, by category are as follows: $6.581 billion (General Fund); $973.782 million (appropriated special funds – ASF); and $464.774 million (Trust Fund Operations). Operating budget growth for FY 2026, based on the appropriations in HB 225 w/ HA 1 comes to 7.3 %, versus 10% in FY 24 and 9.97% in FY 25. Total appropriations in the one-time supplemental budget bill, HB 226, come to $37 million. Status: Both bills signed by the Governor (June 30).
The Capital Budget , SB 200 which includes appropriations for the Community Redevelopment/ Reinvestment Fund. SB 200 (three-fourths vote per Article VIII, §3 of the Delaware Constitution) was reconsidered by the Senate and passed by the House on June 30. Total FY 2026 Capital Budget appropriations come to $977,310,591 versus $1,116,157,080 for FY 2025. Status: Signed by the Governor (June 30).
The Grants-in-Aid Budget, HB 230 was introduced on Thursday, June 27th. It is the legislative appropriations vehicle used to appropriate funds to non-profit charitable organizations and fire companies. This legislation requires a three-fourths vote as well, required by Article VIII, §4 of the Delaware Constitution. HB 230 will come before the House and Senate on Monday, June 30. The FY 2026 Grants-in-Aid bill, according to its synopsis:
Provides supplemental appropriations to certain Grants-in-Aid recipients for Fiscal Year 2026. Section 1 – Government Units and Senior Centers $ 37,093,119 Section 2 – One-Times and Community Agencies $ 47,093,493 Section 3 – Fire Companies and Public Service Ambulance Companies $ 13,258,013 Section 4 – Veterans Organizations $ 839,000 GRAND TOTAL $ 98,283,625.
Status: Signed by the Governor (June 30).
Revenue Generation Bills
Three significant revenue generation bills were introduced this session.
The first DelDOT fee package, HB 164 w/ HA 1, raises a number of fees, including registration fees. The most notable increase is the vehicle documentation fee, which is being increased from the current 4.25% to 5.25% of the purchase price of a vehicle. The fees raised and created in the bill are expected to raise roughly $39 million per year. On a related note, DelDOT has indicated the Department’s intention to raise toll fees on Route 1, I-95, and Route 301. Increases are expected to range between 50 cents and $1.50. Legislative approval is not required for the toll hikes. Status: Signed by the Governor.
The second, discussed below under “Environmental Policy” is HB 175 w/ HA 1, which is expected to generate roughly $7 million [an additional $5 million over current/prior revenues]. Status: Signed by the Governor.
The third, HS 2 for HB 13, was considered by the House Revenue & Finance Committee on Thursday, June 18, but did not have sufficient votes for release. The bill would have maintained the 6.6% tax rate for incomes between $60,000 and $150,000, but taxable income above $150,000 would have been taxed at higher rates. The NCC Chamber testified in opposition to the bill at last Thursday’s hearing and opposed two prior versions of the bill along with other business trade associations. Status: In House Revenue & Finance Committee.
Energy Policy
Following an unexpectedly high electric and natural gas usage period during exceptionally cold weather, a number of regulated utility customers experienced unusually high utility bills. In response, a considerable number of bills and resolutions followed. Changes to the Public Service Commission procedures for rate cases, energy assistance measures, bills and resolutions seeking to advance alternative energy solutions, and other proposals generated considerable debate. An upcoming update will include more detailed discussion of the proposals and related outcomes. A list of energy-related legislation from this session follows at the end of this update.
Environmental Policy
Legislation increasing permitting fees for the Department of Natural Resources and Environmental Control (DNREC), and introducing a considerable number of new permit fees, HB 175 w/ HA 1, was enacted. Existing fees had not been increased since 1991. The package is expected to generate roughly $7 million in revenue per annum, versus the prior $2 million derived from the prior fee schedule. The NCC Chamber sought inclusion of revised (versus prior FY) language in the epilogue of the Capital Budget (SB 200) which sets forth certain requirements relating to DNREC fee increases. The language which was included in the epilogue of the FY 26 Capital Budget can be found on pages 46-47 of SB 200 (starting at line 13 of page 46, under Section 94. Revenues). Status: Signed by the Governor.
Legislation substantially increasing environmental penalties (HB 210 w/ HA 1) and making certain changes to the environmental appeals process, was also enacted. The legislation, which was introduced on June 5, and sponsored by Representative Larry Lambert (D-RD 7), was opposed by the NCC Chamber and other business organizations. Considerable effort was put into opposing and then seeking to amend the bill. Ultimately, one amendment was adopted that removed the nutrient management provisions (Title 3, Agriculture), which were placed in a separate bill (HB 222) with lower penalties. The proposed amendment that the NCC Chamber prepared, which was designed to afford the Secretary and the courts additional discretion to issue lower penalties to small businesses, political subdivisions (counties, municipalities, etc.), family farms, quasi-governmental organizations, and academic institutions, was not adopted. The NCC Chamber will monitor implementation of HB 210 w/ HA 1 and seek new legislation should circumstances merit it. Status: Passed both houses and awaiting action by the Governor.
Delaware General Corporation Law (SS 1 to SB 21)
A major priority for the New Castle County Chamber of Commerce and other members of the business community, including key Delaware law firms and practitioners, was enactment of SS 1to SB 21 legislation to make timely and vital changes to Delaware’s General Corporation Law to preserve Delaware’s status as the premier jurisdiction for entity formation and corporate domicile.
The preservation and improvement of the Delaware General Corporation Law (and related statutes) has been a long-standing priority for the NCC Chamber of Commerce. The case for supporting and working to advance this bill was clear. The revenue derived from the Delaware Corporate Franchise makes it possible for Delaware, a state of just over 1 million residents, to govern itself, fund public education, deliver services, and provide essential infrastructure. Any meaningful reduction in that revenue would have profoundly negative economic consequences for Delaware residents and businesses, would substantially reduce our state’s economic competitiveness on a regional, national, and international scale, and would create a nearly insurmountable challenge where replacing the lost revenue is concerned. Corporate fees and taxes pay for healthcare, teachers, food programs, protection of our beautiful natural resources, and other state provided services.
The Delaware Corporate Franchise is responsible for more than 35 percent of our state’s General Fund revenue, making it the second largest source of revenue to Delaware after the personal income tax. The percentage of our state’s revenues that are related to the Delaware Corporate Franchise are even higher when the multiplier effect of its existence [and our state’s national and international stature as a center for corporate law] are considered. Delaware is able to maintain the fifth lowest tax burden per capita among the states due to our state being a center for excellence in corporate law.
Chamber leadership, including Chamber President Yvonne Deadwyler, engaged with members of the General Assembly and the broader community to urge support for the bill’s passage. Following passage by the House, the bill was signed by Governor Meyer on March 25.
The NCC Chamber thanks Senator Townsend, Speaker Minor-Brown, and their colleagues in Democratic and Republican leadership in both the House and Senate, as well as House Judiciary Chair Krista Griffith and Governor Meyer and his administration for their b-partisan efforts for the benefit of all Delawareans.
Labor and Employment Practices
As is nearly always the case, there were a number of bills relating to labor and employment practices this session. The proposal that generated the most concern and interest this year was HS 2 for HB 105 relating to salary and wage transparency. While seeking passage of the bill, the sponsor, Representative Melanie Ross Levin (D-10th RD) engaged in dialogue with chambers and other trade associations, as well as individual employers. As a result, the bill went through three introduced versions, resulting in HS 2 for HB 105, which passed the Senate on June 30 and currently awaits action by the Governor.
Two bills of particular interest relating to the [Paid] Family and Medical Leave Insurance Program in Chapter 37 of Title 19 (Labor) of the Delaware Code were introduced this year. The first, HS 1 for HB 128, according to its, synopsis:
Revenue Generation Bills
Three significant revenue generation bills were introduced this session.
The first DelDOT fee package, HB 164 w/ HA 1, raises a number of fees, including registration fees. The most notable increase is the vehicle documentation fee, which is being increased from the current 4.25% to 5.25% of the purchase price of a vehicle. The fees raised and created in the bill are expected to raise roughly $39 million per year. On a related note, DelDOT has indicated the Department’s intention to raise toll fees on Route 1, I-95, and Route 301. Increases are expected to range between 50 cents and $1.50. Legislative approval is not required for the toll hikes. Status: Signed by the Governor.
The second, discussed below under “Environmental Policy” is HB 175 w/ HA 1, which is expected to generate roughly $7 million [an additional $5 million over current/prior revenues]. Status: Signed by the Governor.
The third, HS 2 for HB 13, was considered by the House Revenue & Finance Committee on Thursday, June 18, but did not have sufficient votes for release. The bill would have maintained the 6.6% tax rate for incomes between $60,000 and $150,000, but taxable income above $150,000 would have been taxed at higher rates. The NCC Chamber testified in opposition to the bill at last Thursday’s hearing and opposed two prior versions of the bill along with other business trade associations. Status: In House Revenue & Finance Committee.
Energy Policy
Following an unexpectedly high electric and natural gas usage period during exceptionally cold weather, a number of regulated utility customers experienced unusually high utility bills. In response, a considerable number of bills and resolutions followed. Changes to the Public Service Commission procedures for rate cases, energy assistance measures, bills and resolutions seeking to advance alternative energy solutions, and other proposals generated considerable debate. An upcoming update will include more detailed discussion of the proposals and related outcomes. A list of energy-related legislation from this session follows at the end of this update.
Environmental Policy
Legislation increasing permitting fees for the Department of Natural Resources and Environmental Control (DNREC), and introducing a considerable number of new permit fees, HB 175 w/ HA 1, was enacted. Existing fees had not been increased since 1991. The package is expected to generate roughly $7 million in revenue per annum, versus the prior $2 million derived from the prior fee schedule. The NCC Chamber sought inclusion of revised (versus prior FY) language in the epilogue of the Capital Budget (SB 200) which sets forth certain requirements relating to DNREC fee increases. The language which was included in the epilogue of the FY 26 Capital Budget can be found on pages 46-47 of SB 200 (starting at line 13 of page 46, under Section 94. Revenues). Status: Signed by the Governor.
Legislation substantially increasing environmental penalties (HB 210 w/ HA 1) and making certain changes to the environmental appeals process, was also enacted. The legislation, which was introduced on June 5, and sponsored by Representative Larry Lambert (D-RD 7), was opposed by the NCC Chamber and other business organizations. Considerable effort was put into opposing and then seeking to amend the bill. Ultimately, one amendment was adopted that removed the nutrient management provisions (Title 3, Agriculture), which were placed in a separate bill (HB 222) with lower penalties. The proposed amendment that the NCC Chamber prepared, which was designed to afford the Secretary and the courts additional discretion to issue lower penalties to small businesses, political subdivisions (counties, municipalities, etc.), family farms, quasi-governmental organizations, and academic institutions, was not adopted. The NCC Chamber will monitor implementation of HB 210 w/ HA 1 and seek new legislation should circumstances merit it. Status: Passed both houses and awaiting action by the Governor.
Delaware General Corporation Law (SS 1 to SB 21)
A major priority for the New Castle County Chamber of Commerce and other members of the business community, including key Delaware law firms and practitioners, was enactment of SS 1to SB 21 legislation to make timely and vital changes to Delaware’s General Corporation Law to preserve Delaware’s status as the premier jurisdiction for entity formation and corporate domicile.
The preservation and improvement of the Delaware General Corporation Law (and related statutes) has been a long-standing priority for the NCC Chamber of Commerce. The case for supporting and working to advance this bill was clear. The revenue derived from the Delaware Corporate Franchise makes it possible for Delaware, a state of just over 1 million residents, to govern itself, fund public education, deliver services, and provide essential infrastructure. Any meaningful reduction in that revenue would have profoundly negative economic consequences for Delaware residents and businesses, would substantially reduce our state’s economic competitiveness on a regional, national, and international scale, and would create a nearly insurmountable challenge where replacing the lost revenue is concerned. Corporate fees and taxes pay for healthcare, teachers, food programs, protection of our beautiful natural resources, and other state provided services.
The Delaware Corporate Franchise is responsible for more than 35 percent of our state’s General Fund revenue, making it the second largest source of revenue to Delaware after the personal income tax. The percentage of our state’s revenues that are related to the Delaware Corporate Franchise are even higher when the multiplier effect of its existence [and our state’s national and international stature as a center for corporate law] are considered. Delaware is able to maintain the fifth lowest tax burden per capita among the states due to our state being a center for excellence in corporate law.
Chamber leadership, including Chamber President Yvonne Deadwyler, engaged with members of the General Assembly and the broader community to urge support for the bill’s passage. Following passage by the House, the bill was signed by Governor Meyer on March 25.
The NCC Chamber thanks Senator Townsend, Speaker Minor-Brown, and their colleagues in Democratic and Republican leadership in both the House and Senate, as well as House Judiciary Chair Krista Griffith and Governor Meyer and his administration for their b-partisan efforts for the benefit of all Delawareans.
Labor and Employment Practices
As is nearly always the case, there were a number of bills relating to labor and employment practices this session. The proposal that generated the most concern and interest this year was HS 2 for HB 105 relating to salary and wage transparency. While seeking passage of the bill, the sponsor, Representative Melanie Ross Levin (D-10th RD) engaged in dialogue with chambers and other trade associations, as well as individual employers. As a result, the bill went through three introduced versions, resulting in HS 2 for HB 105, which passed the Senate on June 30 and currently awaits action by the Governor.
Two bills of particular interest relating to the [Paid] Family and Medical Leave Insurance Program in Chapter 37 of Title 19 (Labor) of the Delaware Code were introduced this year. The first, HS 1 for HB 128, according to its, synopsis:
[The bill] provides that the Paid Family and Medical Leave Insurance Program is the primary payor, and other paid leave benefits must be coordinated with this benefit according to the terms of the policy or procedure governing other benefits. [The bill] also allows disability insurance benefits to be offset by family and medical leave benefits paid to an employee pursuant to the terms of a disability insurance policy. This Act addresses private plans, and clarifies that an employer that meets its obligations under Chapter 37 of Title 19 through a private plan does not need to provide claim documentation to the Department except if there is an appeal, complaint, audit, or specific inquiry from the Department. Private plan employers with fewer than 25 employees that voluntarily elect to provide coverage under the Chapter that is otherwise exempted due to the size of their companies will be subject to all of the provisions of the Chapter. This Act establishes a Paid Leave Advisory Committee to review issues related to the implementation and administration of the Paid Family and Medical Leave Insurance Program and to review proposed statutory and regulatory amendments to the program. This substitute differs from House Bill No. 128 as follows: This substitute does not change the calculation of an application year or change the 24-month benefit period to a 12-month benefit period. This substitute adds provisions for child support garnishment of PFMLA benefits. This substitute prohibits the practice of requiring employees to use unused accrued paid time off before accessing PFMLA benefits. This substitute allows the Paid Leave Advisory Committee to begin meeting once the Delaware LaborFirst system is functional and the steering committee has been dissolved. This substitute specifies that family and medical leave benefits cannot be assigned and are exempt from the claims of creditors. This substitute sets forth procedures for executing upon judgments for amounts due under Chapter 37 of Title 19 or other titles subject to this chapter.
Status: Passed both houses and awaiting action by the Governor.
The second item related to the Paid Family and Medical Leave Program, HS 1 for HB 181, sponsored by Representative Lyndon Yearick (R-RD 34), according to its synopsis, would delay the effective date of certain penalty provisions set forth in Chapter 37 of Title 19 (PFML statute) to allow employers to make adjustments and become sufficiently knowledgeable about the requirements of the Act and subsequent regulations. Status: Released from House Labor Committee and placed on House Ready List. The NCC Chamber supports this legislation. It will remain a live bill when the Second Session of the 153rd General Assembly convenes in January.
The NCC Chamber developed detailed recommended amending language for the program during the 152nd General Assembly [2024] and continues to seek ways to improve the implementation and administration of the program.
Energy-Related Legislation from this Session:
Senate
SB 59 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES. Synopsis: Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorizing the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in the rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in the rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases. Status: Passed both houses and awaiting action by the Governor.
SB 60 w/ SA 2 + HA 2 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES. This Act requires the Delaware Public Service Commission to ensure that all regulated utilities do not use customer funds to subsidize unregulated activities for example, lobbying activities, political contributions, charitable contributions, and certain advertising and public relations activities. This Act places a cap on annual capital expenses in the amount of $125 million for electric distribution companies. This Act also contains a severability clause. Status: Passed both houses and awaiting action by the Governor.
SB 61 w/ SA 1 + HA 1 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND VOTING BY MEMBERS OF THE PJM INTERCONNECTION REGIONAL TRANSMISSION ORGANIZATION. Synopsis: This bill requires disclosure of votes cast at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization. Status: Passed both houses and awaiting action by the Governor.
SB 159 w/ SA 1 + HA 1 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES Synopsis: This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act. Status: Signed by the Governor/Enacted
SB 199 (Sokola) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE AND CHAPTER 44 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO PUBLIC UTILITIES. Synopsis: This Act amends Chapter 44 of Volume 85 of the Laws of Delaware, formerly Senate Bill No. 159, as amended by Senate Amendment No. 1 and House Amendment No. 1, of the 153rd General Assembly, to delay the effective date of Chapter 44 of Volume 85 of the Laws of Delaware until January 31, 2026, and to repeal the sunset clause in Section of Chapter 44 of Volume 85 of the Laws of Delaware. This Act is retroactive to the enactment of Chapter 44 of Volume 85 of the Laws of Delaware. This Act does not affect or limit the retroactive effect of Section 2 of Chapter 44 of Volume 85 of the Laws of Delaware. Status: Passed both houses and awaiting action by the Governor.
SJR 1 (Hansen) DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE THAT OFFER NET METERING TO SOLAR CUSTOMERS TO CONTINUE TO PARTICIPATE IN A COST-BENEFIT STUDY AND ANALYSIS OF NET METERING, INCLUDING COST BURDENS AND COST SHIFTING, UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY, AND EXTENDING THE REPORTING DATE. Synopsis: Senate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025. Status: Signed by the Governor
SJR 3 w/ SA 1 + SA 2 (Hansen) DIRECTING ALL ELECTRIC PUBLIC UTILITIES IN DELAWARE TO PARTICIPATE IN A STUDY TO BE UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY TO ASSESS AND ANALYZE THE COSTS AND BENEFITS OF THE ADOPTION OF ENERGY STORAGE SYSTEMS IN DELAWARE, AND DIRECTING THE DELAWARE SUSTAINABLE ENERGY UTILITY TO CONDUCT A PILOT PROGRAM WITH THE PARTICIPATION AND COOPERATION OF CERTAIN ELECTRIC UTILITIES TO DEVELOP AND DEPLOY PILOT PROJECTS INVOLVING BATTERY STORAGE SYSTEMS IN DELAWARE. Synopsis: Energy Storage Systems provide benefits to the electric grid, including grid stabilization, managing peak energy demand, and providing backup power during outages. Energy Storage Systems can provide substantial cost savings to residential, commercial, and industrial electricity customers. The construction of Energy Storage Systems will promote economic growth and job creation in Delaware. This resolution directs the Delaware Sustainable Energy Utility (DESEU) to initiate and undertake a study to assess and analyze the costs and benefits of the adoption of Energy Storage Systems, both in front of and behind the meter, by all electric public utilities in Delaware. The resolution also directs the DESEU to conduct a pilot program and provide guidance and a level of funding, to be determined
by the DESEU, to support Delmarva Power & Light Company, the Delaware Municipal Electric Corporation, the Delaware Electric Cooperative, and one independent power producer to deploy at least one battery storage pilot project in Delaware to serve their Delaware service territory. The DESEU is to submit a comprehensive report detailing the findings from the battery storage pilot program and the cost-benefit study and analysis of Energy Storage Systems in Delaware on or before June 1, 2026. Status: Passed both houses and awaiting action by the Governor.
SCR 18 (Richardson) CREATING A TASK FORCE TO STUDY NUCLEAR ENERGY IN DELAWARE. Synopsis: This resolution establishes the Delaware Nuclear Energy Feasibility Task Force to examine the feasibility, economic impact, regulatory considerations, energy reliability, and environmental implications of deploying Small Modular Reactors (SMRs) in Delaware. Status: Passed both houses. Concurrent resolutions do not require action by the Governor.
House
HS 1 for HB 150 w/ HA 1, HA 2 & SA 3 (Heffernan) AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE Synopsis: This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application. The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program. The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program. The Act sunsets 3 years after its enactment. Status: Passed both houses and awaiting action by the Governor.
HS 1 for HB 62 w/ HA 1 (Heffernan) AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES. Synopsis: This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following: 1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday. 2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year. 3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit. 5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season. 6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season. 8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred. 9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor. This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality. Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements. Status: Signed by the Governor/Enacted
HB 80 (M. Smith) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS. Synopsis: The Renewable Portfolio Standard (RPS) is the percentage of electricity that utilities must source from renewables. This is presently set at 25% and will increase annually, culminating at 40% in 2035. Delaware does not currently have enough renewable energy to meet the present mandate, let alone future RPS requirements. Renewable energy is also in short supply on the regional power grid. If it is available, consumers are paying additional distribution charges to transmit it to Delaware. If renewable energy is not obtainable, Delaware utilities are paying penalties to the state for failing to achieve the RPS mandate. In each of the last two years, Delmarva Power has spent about $13 million annually in such state mandated compliance fees. All these cost multipliers are being passed along to consumers, making power more expensive for Delaware ratepayers. This bill recognizes the current flawed public energy policy that has resulted in renewable energy demand significantly outpacing supply. This legislation seeks to provide relief to Delawareans by rolling back the Renewable Portfolio Standard to 10% and maintaining the RPS requirement for the next 10 years, providing sufficient time for renewable generation capacity to meet demand. After the 10-year period expires, the RPS percentage will resume scheduled annual increases. Status: Tabled in House Natural Resources & Energy Committee
HB 92 (Yearick) AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM. Synopsis: This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Emissions Program thereby terminating the Electric Vehicle Mandate. Status: In House Natural Resources & Energy Committee
HS 2 for HB 116 w/ SA 1 (Heffernan) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES. Synopsis: This Act provides the Public Service Commission with the flexibility to consider and approve a discounted gas or electric residential utility rate for qualified low-income customers, provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility in cooperation with the Department of Health and Social Services. The Public Service Commission must review any discount rate approved under this Act every five years to determine if the discount rate should be re-authorized. Status: Passed both houses and awaiting action by the Governor.
HB 233 (Burns) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. Synopsis: This Act requires regulated utilities to establish a separate rate for large energy-use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. The Public Service Commission will consider the following factors in determining whether to approve a rate application: 1. Whether the rates have the potential to result in increased rates or unwarranted risk to other retail electricity customers. 2. Whether the rates will provide for equitable contributions to grid efficiency, reliability, and resiliency. 3. Whether the rates will impede the utility’s ability to meet renewable energy targets and reduce greenhouse gases consistent with state policy. 4. Whether the rates will allow for procurement of, or contracts for, generation resources that support the electric utility’s ability to meet renewable energy targets and reduce emissions of greenhouse gases consistent with state policy. 5. Meet any other conditions required by the Commission in the public interest. This Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date. Status: Introduced on June 30 and assigned to House Natural Resources & Energy Committee. Note: Committee not scheduled to meet until January 2026 [Second Session, 153rd G.A.]
HJR 3 w/ HA 1 (Burns) DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE TO PARTICIPATE IN AN ANALYSIS OF THE POTENTIAL FOR ADOPTION OF GRID-ENHANCING TECHNOLOGIES, INCLUDING BENEFITS, COST BURDENS AND COST SHIFTING, FEASIBILITY AND BARRIERS TO ADOPTION UNDERTAKEN BY THE DNREC STATE ENERGY OFFICE AND THE DELAWARE SUSTAINABLE ENERGY UTILITY. Status: Passed both houses and awaiting action by the Governor.
The second item related to the Paid Family and Medical Leave Program, HS 1 for HB 181, sponsored by Representative Lyndon Yearick (R-RD 34), according to its synopsis, would delay the effective date of certain penalty provisions set forth in Chapter 37 of Title 19 (PFML statute) to allow employers to make adjustments and become sufficiently knowledgeable about the requirements of the Act and subsequent regulations. Status: Released from House Labor Committee and placed on House Ready List. The NCC Chamber supports this legislation. It will remain a live bill when the Second Session of the 153rd General Assembly convenes in January.
The NCC Chamber developed detailed recommended amending language for the program during the 152nd General Assembly [2024] and continues to seek ways to improve the implementation and administration of the program.
Energy-Related Legislation from this Session:
Senate
SB 59 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES. Synopsis: Public utilities are regulated monopolies. Practically speaking, a public utility has no competition in its service territory and, therefore, does not face the economic risks that a for-profit, non-utility company must face. By law, a public utility is authorizing the opportunity to earn a reasonable rate of return on the costs it incurs in operating its business. Under the current Public Utilities Code, in determining the rates that public utilities may charge customers, the Delaware Public Service Commission must apply the “business judgment rule” standard in deciding which costs may be included in a utility’s rate base. Forty-eight (48) states in the United States apply the “prudence” standard when setting utility rates, not the "business judgement rule" standard that is applied in Delaware. The more costs that are included in the rate base, the higher the rates that are charged to utility customers. Under the “business judgment rule” standard, the Public Service Commission may not disallow the inclusion of a cost in rate base, even though the cost was incurred imprudently. For example, a utility may decide to expand the size of its facilities, but overbuilds those facilities at a cost of $3 million, even though a smaller $1 million expansion would be adequate to serve its customers and anticipated future growth. Under the business judgment rule, the Public Service Commission is not able to deny recovery of any part of the cost of the expanded facility and it will be included in the rate base. Consequently, customer utility bills have been increasing and could continue to increase significantly. Amending the Public Utility Code so that the “prudence” standard applies, would give the Public Service Commission the ability to deny, in whole or in part, certain expenses and costs, which can lead to less frequent and less impactful rate increases. Status: Passed both houses and awaiting action by the Governor.
SB 60 w/ SA 2 + HA 2 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES. This Act requires the Delaware Public Service Commission to ensure that all regulated utilities do not use customer funds to subsidize unregulated activities for example, lobbying activities, political contributions, charitable contributions, and certain advertising and public relations activities. This Act places a cap on annual capital expenses in the amount of $125 million for electric distribution companies. This Act also contains a severability clause. Status: Passed both houses and awaiting action by the Governor.
SB 61 w/ SA 1 + HA 1 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND VOTING BY MEMBERS OF THE PJM INTERCONNECTION REGIONAL TRANSMISSION ORGANIZATION. Synopsis: This bill requires disclosure of votes cast at meetings of, or matters before, the PJM Interconnection Regional Transmission Organization. Status: Passed both houses and awaiting action by the Governor.
SB 159 w/ SA 1 + HA 1 (Hansen) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES Synopsis: This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act. Status: Signed by the Governor/Enacted
SB 199 (Sokola) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE AND CHAPTER 44 OF VOLUME 85 OF THE LAWS OF DELAWARE RELATING TO PUBLIC UTILITIES. Synopsis: This Act amends Chapter 44 of Volume 85 of the Laws of Delaware, formerly Senate Bill No. 159, as amended by Senate Amendment No. 1 and House Amendment No. 1, of the 153rd General Assembly, to delay the effective date of Chapter 44 of Volume 85 of the Laws of Delaware until January 31, 2026, and to repeal the sunset clause in Section of Chapter 44 of Volume 85 of the Laws of Delaware. This Act is retroactive to the enactment of Chapter 44 of Volume 85 of the Laws of Delaware. This Act does not affect or limit the retroactive effect of Section 2 of Chapter 44 of Volume 85 of the Laws of Delaware. Status: Passed both houses and awaiting action by the Governor.
SJR 1 (Hansen) DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE THAT OFFER NET METERING TO SOLAR CUSTOMERS TO CONTINUE TO PARTICIPATE IN A COST-BENEFIT STUDY AND ANALYSIS OF NET METERING, INCLUDING COST BURDENS AND COST SHIFTING, UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY, AND EXTENDING THE REPORTING DATE. Synopsis: Senate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025. Status: Signed by the Governor
SJR 3 w/ SA 1 + SA 2 (Hansen) DIRECTING ALL ELECTRIC PUBLIC UTILITIES IN DELAWARE TO PARTICIPATE IN A STUDY TO BE UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY TO ASSESS AND ANALYZE THE COSTS AND BENEFITS OF THE ADOPTION OF ENERGY STORAGE SYSTEMS IN DELAWARE, AND DIRECTING THE DELAWARE SUSTAINABLE ENERGY UTILITY TO CONDUCT A PILOT PROGRAM WITH THE PARTICIPATION AND COOPERATION OF CERTAIN ELECTRIC UTILITIES TO DEVELOP AND DEPLOY PILOT PROJECTS INVOLVING BATTERY STORAGE SYSTEMS IN DELAWARE. Synopsis: Energy Storage Systems provide benefits to the electric grid, including grid stabilization, managing peak energy demand, and providing backup power during outages. Energy Storage Systems can provide substantial cost savings to residential, commercial, and industrial electricity customers. The construction of Energy Storage Systems will promote economic growth and job creation in Delaware. This resolution directs the Delaware Sustainable Energy Utility (DESEU) to initiate and undertake a study to assess and analyze the costs and benefits of the adoption of Energy Storage Systems, both in front of and behind the meter, by all electric public utilities in Delaware. The resolution also directs the DESEU to conduct a pilot program and provide guidance and a level of funding, to be determined
by the DESEU, to support Delmarva Power & Light Company, the Delaware Municipal Electric Corporation, the Delaware Electric Cooperative, and one independent power producer to deploy at least one battery storage pilot project in Delaware to serve their Delaware service territory. The DESEU is to submit a comprehensive report detailing the findings from the battery storage pilot program and the cost-benefit study and analysis of Energy Storage Systems in Delaware on or before June 1, 2026. Status: Passed both houses and awaiting action by the Governor.
SCR 18 (Richardson) CREATING A TASK FORCE TO STUDY NUCLEAR ENERGY IN DELAWARE. Synopsis: This resolution establishes the Delaware Nuclear Energy Feasibility Task Force to examine the feasibility, economic impact, regulatory considerations, energy reliability, and environmental implications of deploying Small Modular Reactors (SMRs) in Delaware. Status: Passed both houses. Concurrent resolutions do not require action by the Governor.
House
HS 1 for HB 150 w/ HA 1, HA 2 & SA 3 (Heffernan) AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE Synopsis: This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application. The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program. The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program. The Act sunsets 3 years after its enactment. Status: Passed both houses and awaiting action by the Governor.
HS 1 for HB 62 w/ HA 1 (Heffernan) AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES. Synopsis: This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following: 1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday. 2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year. 3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit. 4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit. 5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season. 6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m. 7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season. 8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred. 9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor. This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality. Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements. Status: Signed by the Governor/Enacted
HB 80 (M. Smith) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS. Synopsis: The Renewable Portfolio Standard (RPS) is the percentage of electricity that utilities must source from renewables. This is presently set at 25% and will increase annually, culminating at 40% in 2035. Delaware does not currently have enough renewable energy to meet the present mandate, let alone future RPS requirements. Renewable energy is also in short supply on the regional power grid. If it is available, consumers are paying additional distribution charges to transmit it to Delaware. If renewable energy is not obtainable, Delaware utilities are paying penalties to the state for failing to achieve the RPS mandate. In each of the last two years, Delmarva Power has spent about $13 million annually in such state mandated compliance fees. All these cost multipliers are being passed along to consumers, making power more expensive for Delaware ratepayers. This bill recognizes the current flawed public energy policy that has resulted in renewable energy demand significantly outpacing supply. This legislation seeks to provide relief to Delawareans by rolling back the Renewable Portfolio Standard to 10% and maintaining the RPS requirement for the next 10 years, providing sufficient time for renewable generation capacity to meet demand. After the 10-year period expires, the RPS percentage will resume scheduled annual increases. Status: Tabled in House Natural Resources & Energy Committee
HB 92 (Yearick) AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ENVIRONMENTAL CONTROL BY REPEALING THE DELAWARE ADVANCED CLEAN CAR PROGRAM UNDER REGULATION 1140 OF TITLE 7 OF THE DELAWARE ADMINISTRATIVE CODE AND ADOPTING THE DELAWARE LOW EMISSION VEHICLE PROGRAM. Synopsis: This bill repeals the Delaware Advanced Clean Air Program and adopts the Delaware Low Emissions Program thereby terminating the Electric Vehicle Mandate. Status: In House Natural Resources & Energy Committee
HS 2 for HB 116 w/ SA 1 (Heffernan) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES. Synopsis: This Act provides the Public Service Commission with the flexibility to consider and approve a discounted gas or electric residential utility rate for qualified low-income customers, provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility in cooperation with the Department of Health and Social Services. The Public Service Commission must review any discount rate approved under this Act every five years to determine if the discount rate should be re-authorized. Status: Passed both houses and awaiting action by the Governor.
HB 233 (Burns) AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. Synopsis: This Act requires regulated utilities to establish a separate rate for large energy-use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. The Public Service Commission will consider the following factors in determining whether to approve a rate application: 1. Whether the rates have the potential to result in increased rates or unwarranted risk to other retail electricity customers. 2. Whether the rates will provide for equitable contributions to grid efficiency, reliability, and resiliency. 3. Whether the rates will impede the utility’s ability to meet renewable energy targets and reduce greenhouse gases consistent with state policy. 4. Whether the rates will allow for procurement of, or contracts for, generation resources that support the electric utility’s ability to meet renewable energy targets and reduce emissions of greenhouse gases consistent with state policy. 5. Meet any other conditions required by the Commission in the public interest. This Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date. Status: Introduced on June 30 and assigned to House Natural Resources & Energy Committee. Note: Committee not scheduled to meet until January 2026 [Second Session, 153rd G.A.]
HJR 3 w/ HA 1 (Burns) DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE TO PARTICIPATE IN AN ANALYSIS OF THE POTENTIAL FOR ADOPTION OF GRID-ENHANCING TECHNOLOGIES, INCLUDING BENEFITS, COST BURDENS AND COST SHIFTING, FEASIBILITY AND BARRIERS TO ADOPTION UNDERTAKEN BY THE DNREC STATE ENERGY OFFICE AND THE DELAWARE SUSTAINABLE ENERGY UTILITY. Status: Passed both houses and awaiting action by the Governor.
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New Castle County Chamber of Commerce 