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Delaware
State Programs
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State Planning and Incentive Structures | Energy Efficiency Actions | Energy Supply Actions
State Planning and Incentive Structures
Lead By Example—Energy Efficiency in Public Facilities
Status: Completed
Details: Executive Order 82 (February 2006) requires the state to develop strategies for implementing energy saving and conservation techniques for state agencies, including the use of performance contracting and demand-side management. Released in 2003, the Delaware Energy Task Force's Final Report to the governor included a recommendation to implement energy efficiency and conservation in state government. Suggested strategies for state buildings include updating energy efficiency standards, requiring benchmarking, allowing performance contracting, and requiring energy life-cycle cost analysis for new construction and renovations.
- http://www.state.de.us/governor/orders/e%20o%20%2082.shtml
- http://www.delaware-energy.com/Download/
Delaware%20Energy%20Task%20Force%20-%20Full%20Text%20Version.pdf
Lead By Example—Energy Efficient Appliance and Equipment Purchase Requirements for Public Facilities
Status: Completed
Details: Statute (House Bill 435), signed in August 2004, requires state agencies to purchase ENERGY STAR qualified products if they are available competitively.
Lead By Example—Clean Energy Goals for Public Facilities
Status: Proposed
Details: Executive Order 82 (February 2006) calls for legislation to enable the state to purchase a portion of its electricity from renewable sources. The Delaware Energy Task Force's Final Report to the Governor (September 2003) included a recommendation to require state agencies to evaluate the merits and cost effectiveness of stationary fuel cells and photovoltaics as primary or back-up power sources for state buildings and remote power applications.
- http://governor.delaware.gov/orders/e%20o%20%2082.shtml
- http://www.delaware-energy.com/Download/
Delaware%20Energy%20Task%20Force%20-%20Full%20Text%20Version.pdf
Lead By Example—Energy Efficiency and Alternative Fuel Goals for Public Fleets
Status: No Activity Identified
State and Regional Energy Planning
Status: Completed/Further Work In Progress
Details: In October 2007, Public Notice was given that the State of Delaware, Governor’s Energy Advisory Council, Department of Natural Resources and Environmental Control, and the Delaware Energy Office were soliciting proposals from qualified firms to develop a new State Energy Plan as a follow-on to the report released by the Governor’s Energy Task Force in September 2003. The new plan is expected to be developed and completed by the spring of 2009.
In 2002, Governor Minner created a cabinet-level task force - the Delaware Energy Task Force - charged with addressing the state's short and long term energy challenges. Consisting of six workgroups (e.g., conservation and efficiency, transmission and distribution), it developed a comprehensive report to the Governor aimed at diversifying its fuel sources, developing conservation programs, ensuring adequate infrastructure, and encouraging producers of clean and efficient technologies to operate in Delaware.
- http://www.delaware-energy.com/Download/PUBLIC%20NOTICE%20Energy%20Plan%20RFP-10-19-2007.pdf
- http://www.dnrec.delaware.gov/Admin/Pages/DelawareEnergyPlan.aspx
- http://www.delaware-energy.com/Download/Delaware%20Energy%20Task%20Force%20-%20Full%20Text%20Version.pdf
Determining the Air Quality Benefits of Clean Energy—Energy Efficiency/Renewable Energy Set Asides (NOX Budget Trading Program)
Status: No Activity Identified
Determining the Air Quality Benefits of Clean Energy—Energy Efficiency/Renewable Energy Set Asides (CAIR Budget Trading Program)
Status: No Activity Identified
Energy Efficiency Actions
Energy Efficiency Portfolio Standards
Status: Completed
Details: On June 28, 2007, the Governor signed "An Act to Amend Title 29 of the Delaware Code to Create a Sustainable Energy Utility in the State of Delaware." The act created the Delaware State Energy Utility (SEU) program that will use competitive markets and leverage private financing to deliver cost-effective end-use energy services to residential, commercial, industrial, and transportation markets. The energy efficiency targets in the act state that by December 31, 2015, the SEU shall have achieved 30% reduction in annual energy usage for SEU participants, with a target of one-third of the participating savings occurring for residential clients, based on January 1, 2006, baseline levels.
Public Benefit Funds for Energy Efficiency
Status: No Activity Identified
Building Codes for Energy Efficiency—Commercial Programs
Status: Meets ECPA
Details: ASHRAE 90.1-1999, mandatory statewide; can use COMcheck-EZ to show compliance.
Building Codes for Energy Efficiency—Residential Programs
Status: Meets ECPA
Details: 2000 IECC, mandatory statewide; can use REScheck to show compliance.
State Appliance Efficiency Standards
Status: No Activity Identified
Energy Supply Actions
Renewable Portfolio Standards
Status: Completed
Details: The Delaware Public Service Commission (PSC) issued PSC Order No. 7377 on April 17, 2008, to adopt revised rules and procedures to implement a state renewable energy portfolio standard enacted by SB 19. Delaware Governor Ruth Ann Minner signed Senate Bill 19 on July 24, 2007, that doubles the pre-existing requirement of 10% by 2019 to 20%, starting at 2% in 2007 and increasing each year through 2019. The bill also has a "solar carve out" where 0.011% of the total retail electric power procured by state utilities must come from solar photovoltaics between June 1, 2008, and May 31, 2009. That mandate increases to 0.014% on June 1, 2009, and gradually increases to 2.005% in 2019. The bill also nearly doubles the alternative compliance payments for failing to meet the RPS targets. In April 2008 the Delaware Public Service Commission (PSC) adopted and incorporated these changes under Order No. 7377. SB 74 (2005) had required 1% of retail electricity product sold to Delaware customers by 2007, 2.75% by 2010, 6.5% by 2015, and 10% by 2019.
- http://depsc.delaware.gov/orders/7377.pdf
- http://legis.delaware.gov/LIS/lis144.nsf/vwLegislation/SB+19/$file/legis.html?open
- http://depsc.delaware.gov/documents/10-1-07%20Registers%20Revised%20Rules.pdf
Public Benefit Funds for Clean Energy Supply
Status: Completed
Details: Senate Bill 35, signed by Governor Minner on July 24, 2007, doubles the funding for Delaware's Green Energy Fund. The bill increased the system benefit charge on the utility bills of residential customers to $0.000356 per kilowatt-hour of electricity used. In June 2003, SB93 renamed the former Environmental Incentive Fund to the Green Energy Fund, and shifted focus to renewable energy and low income bill assistance, not energy efficiency.
- http://www.seu-de.org/docs/legislation/DE_Senate_Bill_SB_35_2007.pdf
- http://www.aceee.org/briefs/apr04_01.htm
Output-Based Environmental Regulations
Status: Completed
Details: Division of Air and Waste Management Regulation #1144 specifies limits on DG and Emergency Generation units effective until 2012.
Delaware’s output-based regulation, entitled “Control of Stationary Generator Emissions,” limits emissions of nitrogen oxides (NOx), nonmethane hydrocarbons (NMHC), particulate matter (PM), sulfur dioxide (SO2), carbon monoxide (CO), and carbon dioxide (CO2). This regulation applies to new and existing stationary distributed generating (DG) units. DG units must comply with the limits beginning on January 11, 2006. Combined heat and power (CHP) systems can receive emissions credits. CHP units that are at least 55% efficient, use at least 20% of a fuel’s recovered energy for thermal, and at least 13% for electricity are eligible.
Interconnection Standards—Clean Distributed Generation
Status: Completed
Details: On September 5, 2007, the Delaware Public Service Commission (PSC), in docket 07-234, concluded that no revisions to the state's interconnection standard were necessary under EPAct 2005. Connectiv (aka Delmarva), Delaware's only investor-owned utility, and the Delaware Electric Cooperative (DEC) have interconnection rules divided into six categories based on system size, energy source (renewable or non-renewable), and whether the system is inverter-based or uses a rotating generator. The rules allow interconnection for all systems up to 1 MW for Connectiv customers, or unlimited for DEC customers; there are simplified rules for small systems up to 25 kW.
- http://depsc.delaware.gov/orders/7304.pdf
- http://www.dsireusa.org/library/includes/incentive2.cfm?Incentive_Code=DE05R&state=DE&CurrentPageID=1&RE=1&EE=0
Interconnection Standards—Net Metering
Status: Completed
Details: On December 4, 2007, the Delaware Public Service Commission (PSC) issued Order 7326, which contains proposed amendments to the state's existing net metering rules in accordance with SB 8 (signed July 24, 2007). The legislation raises the net metering size limit to 2MW, and specifies that utility customers retain ownership of the RECs associated with their net metered renewable energy systems (so utilities must buy the RECs from the customers). It also allows utilities to stop offering net metering when the total customer-owned capacity equals 1 percent of the utility's peak load. The Electric Utility Restructuring Act of 1999 required Connectiv Power Delivery (Connectiv) and Delaware Electric Cooperative (DEC) to offer net metering for residential and small commercial customers operating renewable energy systems of 25kW or less for solar, wind, biomass, hydro, and geothermal systems.