Delaware Bills

signed · Delaware · Senate Jul 16, 2025

SB 60: 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.

Dave Wilson (R) Mara Gorman (D) Stephanie Hansen (D) Bill Carson (D) Stell Selby (D)

signed · Delaware · Senate Jul 16, 2025

SB 61: 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.

SB 61 requires Delaware's representatives on the PJM Interconnection (a regional electricity grid operator) to publicly disclose their votes during PJM meetings or when considering specific matters. This applies directly to Delaware's utility regulators or officials serving on PJM's governing body. The bill mandates that all votes cast by Delaware representatives be made publicly available, increasing transparency about how the state participates in regional energy decisions. The policy change is procedural, focusing solely on disclosure requirements without altering voting rules or outcomes.

signed · Delaware · Senate Jul 16, 2025

SB 59: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.

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 authorized 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 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 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.

signed · Delaware · House Jul 16, 2025

HB 189: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE MIGRATORY BIRD.

HB 189 designates the Red Knot shorebird as Delaware's official state migratory bird. This symbolic bill amends Delaware Code to formally recognize the Red Knot, a migratory species, as the state's representative bird. It has no regulatory or financial impact, as it solely changes a ceremonial designation. The bill directly affects Delaware's identity and symbolic representation of its natural heritage. This is a procedural measure with no substantive policy changes or direct effects on residents or regulations.

signed · Delaware · House Jul 16, 2025

HB 50: AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO ENERGY ASSISTANCE.

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.

Topics ✓ Energy

signed · Delaware · House Jul 16, 2025

HB 210: AN ACT TO AMEND TITLES 3, 7, AND 16 OF THE DELAWARE CODE RELATING TO THE ENVIRONMENT.

This Act seeks to update the fine structure for major commercial polluters. In addition, this Act increases the amount of penalty funds directed to communities near facilities with violations. In summary, this Act imposes higher fines for violations of the following chapters: Chapter 22 of Title 3, relating to nutrient management programs; Chapter 60 of Title 7, relating to environmental control; Chapter 62 of Title 7, relating to oil pollution liability; Chapter 63 of Title 7, relating to hazardous waste management; Chapter 71 of Title 7, relating to noise control and abatement; Chapter 79 of Title 7, relating to chronic violator status; Chapter 91 of Title 7, relating to the Hazardous Substances Cleanup Act; and Chapter 13 of Title 16, relating to stream pollution. In addition, 40 percent, rather than 25 percent, of the civil and administrative funds collected under various environmental regulatory chapters will be appropriated to the Community Environmental Project Fund under § 6042 of Title 7. The Fund will give priority to community environmental projects located within a 2-mile radius of the violation or infraction. This Act adds to the fund 40% of the fines collected for oil pollution and noise control and abatement violations, under Chapter 62 and Chapter 71 of Title 7. This Act further allows DNREC to appeal a decision by the Environmental Appeals Board relating to chronic violator status.

Topics ✓ Environment

signed · Delaware · House Jul 16, 2025

HB 116: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITY RATES.

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.

Topics ✓ Energy

signed · Delaware · Senate Jul 16, 2025

SB 148: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DESIGNATION OF A STATE DRAGONFLY.

SB 148 amends Delaware law to designate the Blue Dasher dragonfly as the state's official dragonfly. This procedural bill formally adds the Blue Dasher to Title 29 of the Delaware Code, recognizing it as a new state symbol. The change does not alter existing laws or policies but provides a formal emblem for Delaware's natural heritage. It directly affects Delaware's state identity by expanding its official symbols.

signed · Delaware · Senate Jul 16, 2025

SB 175: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO NET ENERGY METERING.

This Act strikes the provisions in § 1014 (d) and (e) of Title 26, which allow Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies not to reimburse, credit, or otherwise remunerate net energy metering customers for any Excess kWh Credits at the end of the annualized billing period. Under the current provisions of § 1014 (d) and (e) of Title 26, Excess kWh Credits revert to the commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies, which denies net metering customers the benefit of the Excess kWh Credits. This Act requires Commission-regulated electric utilities, municipal electric companies, electric cooperatives, and electric distribution companies to credit or carry over any Excess kWh Credits for net energy metering customers so that the customers receive the benefit of the Excess kWh Credits.

Topics ✓ Energy

signed · Delaware · House Jul 14, 2025

HB 153: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARREST AND DETENTION.

This Act prohibits arrest or detention by any person who does not have explicit statutory authority to carry out an arrest or detention. The intent of this provision is to eliminate any doubt that a “citizen’s arrest” is not permitted in Delaware. Peace officers have statutory authority to make arrests, as do federal law enforcement agents and out-of-state police under some circumstances. There is also limited authority to detain a person suspected of shoplifting provided to a merchant, store supervisor, agent or employee of a merchant in § 840 of Title 11; to detain a person suspected of unlawful recording by a motion picture theater owner, supervisor, agent or employee under § 858 of Title 11; and to detain a person suspected of unlawful acts with a video lottery machine by a video lottery agent or any of its officers, employees or agents under § 1474 of Title 11. This Act also deletes two outdated provisions of Chapter 65 of Title 11 that reference the exercise of arrest by private detectives. At the present time, private investigators do not have authority to make arrests in Delaware.

Topics ✓ Criminal Justice

signed · Delaware · House Jul 14, 2025

HB 142: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ARRESTS.

This Act eliminates authorization for a warrantless arrest by a private person in the case of an individual accused in the courts of another state of a felony. It also strikes a provision relating to the authority of an officer to command assistance in making arrests based on charges in another state. This bill is a successor to House Bill No. 76.

signed · Delaware · House Jul 14, 2025

HB 152: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL IMPERSONATION.

This Act expands the criminal offense of impersonating a police officer, firefighter, emergency medical technician, paramedic, or fire officer to also prohibit impersonation of a federal officer. This Act also makes technical corrections to conform to the Legislative Drafting Manual and creates a definition of “law-enforcement official,” which includes all of the state officers already explicitly referenced in the statute, as well as federal officers.

Topics ✗ Criminal Justice

Bill results