AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.

Plain English Breakdown

The bill status is listed as both 'Passed Legislature' in metadata and 'Tabled in Committee' in action history; since it was tabled, it has likely not passed final enrollment yet.

HB80: Changes to Delaware's Renewable Energy Requirements

This bill proposes lowering the required amount of renewable electricity for utilities in Delaware from its current level back down to 10% and keeping it at that rate for ten years.

What This Bill Does

• Amends Title 26 of the Delaware Code regarding Renewable Energy Portfolio Standards.
• Lowers the minimum percentage of electricity that must come from renewable sources to 10% starting in 2035.
• Keeps the requirement at 10% for a period of ten years instead of increasing it annually.
• Allows the required percentage to resume scheduled annual increases after the ten-year pause ends.

Who It Names or Affects

• Commission-regulated utilities and municipal electric companies in Delaware
• Delaware residents who pay for electricity (ratepayers)

Terms To Know

Renewable Portfolio Standard (RPS)

A rule requiring utilities to get a certain percentage of their electricity from renewable sources.

Compliance fees

Penalty payments that utilities must make if they fail to meet the required amount of renewable energy.

Limits and Unknowns

• The bill was tabled in committee on April 16, 2025, so it has not yet become law.
• No effective date is listed because the legislation has not been fully enacted.
• The text does not specify exactly how much money consumers might save if this change happens.

Official Summary Text

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.
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.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Michael Smith & Sen. Buckson

Reps. Collins, Dukes, Gray, Hensley, Hilovsky, Jones Giltner, Morris, Postles, D. Short, Shupe, Spiegelman, Vanderwende, Yearick; Sens. Hocker, Lawson, Pettyjohn, Richardson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 80

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO RENEWABLE ENERGY PORTFOLIO STANDARDS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 354, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 354. Renewable energy portfolio standards, eligible energy resources and industrial exemption.

(a) The total retail sales of each Retail Electricity Product delivered to Delaware end-use customers by a commission-regulated utility or municipal electric company during any given compliance year shall include a minimum percentage of electrical energy sales with eligible energy resources and solar photovoltaics as follows:

SCHEDULE I

Compliance Year

Minimum Cumulative Percentage

Minimum Cumulative Percentage (beginning June 1st)

from Eligible Energy Resources

from Solar Photovoltaics*

2018

17.50%

1.75%

2019

19.00%

2.00%

2020

20.00%

2.25%

2021

21.00%

2.50%

2022

22.00%

2.75%

2023

23.00%

3.00%

2024

24.00%

3.25%

2025

25.00%

10%

3.50%

2026

25.50%

10%

3.75%

3.50%

2027

26.00%

10%

4.00%

3.50%

2028

26.50%

10%

4.25%

3.50%

2029

27.00%

10%

4.50%

3.50%

2030

28.00%

10%

5.00%

3.50%

2031

30.00%

10%

5.80%

3.50%

2032

32.00%

10%

6.60%

3.50%

2033

34.00%

10%

7.40%

3.50%

2034

37.00%

10%

8.40%

3.50%

2035

40.00%

10%

10.00%

3.50%

2036

11%

3.75%

2037

12%

4.00%

2038

13%

4.25%

2039

14%

4.50%

2040

15%

5.00%

* Minimum Percentage from Eligible Energy Resources Includes the Minimum Percentage from Solar Photovoltaics.

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.