Delaware General Assembly

Passed 5/23/24

The General Assembly has ended, the current status is the final status.

SB 265 w/ SA 1, SA 2

5/22/24

Hansen

This amendment: 1. Eliminates the requirement that the State Energy Office secure “at least” 800 megawatts of wind energy. The amendment leaves in place the upper limit of 1,200 megawatts for total procurements. 2. Requires that for both Delaware Solicitations and for Coordinated Solicitations, the State Energy Office will ensure that the ratepayers of one utility never bear the costs of any project alone, either by using a Coordinated Solicitation, or by including at least one additional offtaker for any Delaware Solicitation. 3. Clarifies that both Coordinated Solicitations and Delaware Solicitations are subject to the Delaware Benchmark Price, and that Delaware Solicitations are also subject to all of the other OSW Solicitation Requirements. 4. Establishes that the State of Delaware can contract for energy supply from a project resulting from either a Delaware Solicitation or a Coordinated Solicitation, for any portion of the power supply needs of the State. 5. Requires that municipal electric companies or rural electric cooperatives in the State that elect to exempt themselves from Renewable Energy Portfolio Standards submit a report, beginning in 2025, that details its approach to transitioning to increased renewable energy purchases, including a long-term plan detailing how such entity will contribute to helping the State achieve the carbon reduction goals set forth in Chapter 100 of Title 7. The report shall also explain why the entity declined to participate in any solicitation for offshore wind, where there was an opportunity to do so in the reporting period. 6. Adds an additional criteria to be evaluated by the State Energy Office in connection with any Certificate of Public Convenience and Necessity to be issued to any offshore wind interconnection facilities: whether the proposed facilities detrimentally impact the ability of the State to procure and transmit renewable energy resources to the citizens of Delaware. 7. Adds language indicating that any offshore wind project which has submitted a request for a Federal Consistency Determination from the Coastal Management Program as of April 18, 2024 need not secure a Certificate of Public Convenience and Necessity under Section 203F of Title 26, so long as the project does not travel horizontally along a State of Delaware owned right of way. 8. Adds language indicating that a Renewable Energy Entity may pledge its interest in a use and occupancy agreement issued by the Delaware Department of Transportation in connection with project financing, but also that no entity may take possession of the renewable energy interconnection facilities in a public right of way, and no entity may receive any interest under a use and occupancy agreement, unless and until the Department has provided its consent to such a transfer under the provisions of section 2005(c).

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