SB 321 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATED TO UTILITY BILLING.

Summary
Net crediting is the preferred utility consolidated billing methodology for Delmarva Power and Light as it has already been successfully implemented in Atlantic City Electric, Pepco Maryland, and Delmarva Maryland jurisdictions. Net crediting delivers a simpler, more transparent experience for both subscribers and subscription coordinators by netting subscription charges from monthly credits on behalf of the subscribers, who receive the net credit. Then, the utility aggregates those subscription charges on behalf of the subscription coordinators, who receive a payment from Delmarva. Net crediting marries the concept of world class customer experience with market scalability, while also being the lowest risk option for Delmarva's customers.
Bill status passed both 4 of 5 stages cleared
Introduction
May 2026
Committee Review
Jun 2026
Senate Passage
Jun 2026
House Passage
Jun 2026
Governor
Introduced May 15, 2026 Last action Jun 24, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to SB 321 Bill Text · 11 edits
MAJOR
The final enacted text of SB 321 substantially expands and restructures the community energy consolidated billing framework compared to the Senate Amendment. It adds a new Section 1014A with detailed definitions, consumer protections (minimum savings rates of 10% residential and 20% for income-qualified subscribers), utility fee caps (1% administrative, 0.25% escrow), and a stakeholder working group requirement. The scope of consolidated billing broadens from 'residential and small-to-mid-sized commercial subscribers' to all 'customer classes,' and the opt-out deadline for existing facilities tightens from October 1, 2028 to September 1, 2027.
SCOPE

New Section 1014A (Consolidated Billing) added with full definitions of consolidated billing, net crediting, subscriber, and subscription coordinator, plus detailed utility obligations including single-bill application, electronic remittance within 60 business days, and fee recovery mechanisms.

Consolidated billing requirement broadened from 'residential and small-to-mid-sized commercial subscribers' to all 'customer classes,' meaning larger commercial and industrial customers may also be covered.

ELIGIBILITY

New triennial certification requirement: every 3 years, community-owned energy generating facilities must certify in writing to the Public Service Commission that they meet low- to moderate-income eligibility criteria.

REQUIREMENT

For facilities certified on or after September 2, 2026: at least 15% of kilowatt-hour output must be served to low- to moderate-income customers (at or below 350% federal poverty guidelines or 80% state median household income). For facilities certified on or before September 1, 2026: at least 15% of participants must be low-income (at or below 200% federal poverty guidelines or 60% state median household income).

Consolidated billing becomes the DEFAULT method for all community energy facilities with a Final Certificate issued on or after September 2, 2026, unless a subscriber elects otherwise.

TIMELINE

Opt-out deadline for existing facilities (Final Certificate on or before September 1, 2026) to elect out of consolidated billing shortened from October 1, 2028 to September 1, 2027.

Implementation timeline added: Commission must adopt regulations by April 1, 2027; consolidated billing available to all community energy facilities no later than October 1, 2027; stakeholder working group report due to General Assembly by January 31, 2027.

ENFORCEMENT

Consumer protections added: no credit checks or upfront enrollment fees for residential subscribers; minimum savings rate of 10% for residential customers and 20% for income-qualified subscribers (for new facilities); existing facilities must provide a net discount.

FISCAL

Utility fee caps established: administrative/IT costs recoverable through a tariffed fee not exceeding 1% of subscriber bill credits; escrow fee for customer arrearage not to exceed 0.25%. Biennial Commission review of these fees required.

DEFINITION

Multiple references to 'subscription coordinator' expanded to 'Community-owned energy generating facility or Subscription Coordinator' throughout the bill, clarifying that both entity types bear responsibility for managing customer subscriptions and complying with requirements.

TECHNICAL

Escrow fee language clarified to specify it applies to 'the value of the subscriber bill credits' rather than an undefined base.

Floor votes · House Jun 24, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
8
Key actions
5
Committee
2
Amendments
2
Jun 24, 2026
Lower · Passed
Passed By House. Votes: 39 YES 2 ABSENT
lower
Jun 17, 2026
Lower · Passed
Reported Out of Committee (Natural Resources & Energy) in House with 6 Favorable, 4 On Its Merits
lower
Jun 10, 2026
Introduced
Assigned to Natural Resources & Energy Committee in House
lower
Jun 9, 2026
Upper · Passed
Passed By Senate. Votes: 17 YES 3 NO 1 ABSENT
upper
Jun 9, 2026
Upper · Passed
Amendment SA 1 to SB 321 - Passed By Senate. Votes: 19 YES 2 ABSENT
upper
Jun 4, 2026
Introduced
Amendment SA 1 to SB 321 - Introduced and Placed With Bill
upper
May 21, 2026
Upper · Passed
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 4 Favorable, 1 On Its Merits
upper
May 15, 2026
Introduced
Introduced and Assigned to Environment, Energy & Transportation Committee in Senate
upper
9 primary · 0 co-sponsors

Sponsors