Sen. Stephanie Hansen

Maddy summarySB 239 removes an 8% cap on net metering for customer-generated electricity in Delaware. This change directly affects residential and business customers with solar panels or other renewable energy systems, allowing them to send more excess power to the grid without hitting the previous limit. Utilities will now need to accommodate higher levels of customer-generated energy under this policy. The bill was introduced in the Senate on February 19, 2026, and referred to the Environment, Energy & Transportation Committee.

This bill makes provision for solar generation of electricity through small portable solar generation devices. The bill defines the term “portable solar generation device" and provides that such devices a) may have a maximum power output per meter of not more than 800 watts; b) are designed to be connected to a building’s electrical system through a standard 120-volt alternating current outlet; c) are intended primarily to offset part of the customer’s electricity consumption; and d) meet the standards of the National Electrical Code, as adopted by the State Fire Marshal. Portable solar generation devices that meet the requirements of the new section are exempt from any interconnection requirements in Title 26 of the Delaware Code, Chapter 10, unless the customer intends to engage in net metering. The portable solar generation devices must be installed and operated in accordance with the latest revision of IEEE (Institute of Electrical and Electronics Engineers) 1547, which is the primary standard governing the interconnection and interoperability of distributed energy resources. The bill provides that an electric distribution company can not require a customer to obtain its approval before installing or using a portable solar generation device. The bill requires an electric distribution company to establish an online registration system, on or before January 15, 2027, through which its customers must register their portable solar generation devices. The bill also provides that a customer’s electric distribution company is not liable for any injury or damage caused by a portable solar generation device. The bill directs the Delaware Sustainable Energy Utility to perform a safety study of portable solar generation devices and provide a report with findings and recommendations for future expansion of these systems in Delaware by January 1, 2027.

This bill amends the definition of “Community-owned energy generating facility” in Title 26 of the Delaware Code, § 1001(5) by adding the requirement that the point of interconnection be located in the service area of a utility under the regulation of the Public Service Commission.

This Act requires any person or entity seeking to begin the business of using 30 megawatts (MW) of electricity or greater to first obtain a Certificate to Operate (“COP”) from the Public Service Commission. The Act also provides that any person or entity seeking to change an existing facility, that will increase the usage to 30MW or greater, triggers the provisions of this Act and must obtain a Certificate to Operate from the Public Service Commission. Section 203G(a) provides that Section 203G does not apply to public utilities engaged in business in their service territories. Under Section 203G(c), the Commission must act upon a COP application within 90 days of submission of a completed application. For good cause shown, and if the Commission finds that the public interest would be served, the Commission may extend the date of its action on a COP application for an additional period not to exceed 90 days. Section 203G(d) lists the factors that the Commission must consider in determining whether to grant a COP, which include the impact of granting the COP on the State’s economy, the impacts to the State’s ratepayers, and whether the application is consistent with the achievement of the State’s greenhouse gas emissions reductions targets, as specified in § 10003 of Title 7. Section 203G(e) sets forth the circumstances under which the Commission may, for good cause, undertake to suspend or revoke a COP. Section 203G(f) provides that Commission proceedings under the section involving a COP shall be conducted in accordance with subchapter III, Chapter 101 of Title 29. Sections 203G(g) and (f) make provision for the State Energy Office and local governments with land use jurisdiction over the development plan to intervene in the Public Service Commission proceedings. Section 203G(i) requires the written approval of the Commission to transfer a COP. Section 203G(j) provides that the Commission shall have the authority to promulgate regulations to fully define the requirements necessary for the implementation of section 203G.

Senate Bill No. 59 (Chapter 78, Volume 85 of the Laws of Delaware) was passed by the General Assembly on June 26, 2025, and signed by the Governor on July 16, 2025. Senate Bill No. 59 changed the standard applied by the Public Service Commission ("Commission") when deciding public utility rate cases. The standard applied before the enactment of Senate Bill No. 59 was the “business judgment rule” standard. Senate Bill No. 59 changed the standard applied by the Commission to the “prudence” standard. Forty-eight states in the United States apply the “prudence” standard when setting public utility rates, not the "business judgement rule" standard that has been applied in Delaware. Although Section 3 of Senate Bill No. 59 stated that the Act takes effect on January 1, 2026, following its enactment into law, it was the intent of the General Assembly that the Commission must apply the “prudence" standard retroactively in rate case decisions, where the public utility filed the rate case proceeding with the Commission during the period from the date of enactment of the legislation on July 16, 2025, through December 31, 2025. The “prudence” standard does not apply to any rate case proceeding filed by a public utility with the Commission before July 16, 2025.

This Resolution extends the existence of the Delaware Nuclear Energy Feasibility Task Force (Task Force) and the deadline for the Task Force’s final report until July 31, 2026.

This Joint Resolution designates August 31, 2025, as "International Overdose Awareness Day" in the State of Delaware and requires that in observance, the State flag be flown at half-staff at State facilities. By recognizing International Overdose Awareness Day, this Joint Resolution affirms the importance of overdose awareness, remembers those who have died from overdose, and acknowledges the grief suffered from losing a loved one to overdose.

Senate Bill 166, passed in 2022, created the Prescription Opioid Impact Fund as part of an overall structure that would both maximize the monies paid by settling Opioids defendants to Delaware and to create a structure whereby those settlement monies could be managed and distributed on a statewide basis through a stakeholder-informed process. The complete legislation is found at Title 16 of the Delaware Code, Chapter 48B, Sections 4801B through 4809B. Chapter 48B applied to settlements with entities, and did not apply to bankruptcies. This is because the bankruptcy process itself extinguishes claims and thus provides the necessary “global peace” for settling parties. At the time SB 166 was passed, it was contemplated that, in the context of the Purdue Pharma bankruptcy, the Sackler family members would obtain this type of bankruptcy-style discharge and release. However, in the summer of 2024, the United States Supreme Court ruled that such a discharge was impermissible. This decision thus required that the states negotiate a non-bankruptcy settlement with the Sacklers, which the Delaware Department has since been pursuing diligently. As announced on January 23, 2025, the Delaware Department of Justice has reached a proposed settlement-in-principle with Purdue Pharma and the Sackler family. In order to once again maximize the amount of Sackler money that Delaware will receive, it is now necessary to update the statutory bar created by the SB 166 to account for the fact that the Sackler family members are “individuals” not “entities." Consequently, the Delaware Department of Justice is recommending the amendments to Chapter 48B of Title 16 reflected in this Act.

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.

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.