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HB80 • 2025

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

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

Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Michael Smith
Last action
2025-04-16
Official status
House Natural Resources & Energy 3/18/25 (Tabled in Committee)
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

  • 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2025-04-16 Delaware General Assembly

    Tabled in Committee

  2. 2025-03-18 Delaware General Assembly

    Introduced and Assigned to Natural Resources & Energy Committee in House

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

Read the full stored 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.