Delaware General Assembly

Signed 7/8/09

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

6/17/09

McDowell

Reps. Brady, Thornburg

Sen. Henry, Bunting, Katz, Bushweller, Ennis, F Simpson
Rep. Kowalko

AN ACT TO AMEND TITLES 26 AND 29 OF THE DELAWARE CODE RELATING TO THE SUSTAINABLE ENERGY UTILITY AND RENEWABLE ENERGY.

This act is intended to update and clarify Delaware’s Sustainable Energy Utility law, 29 Delaware Code § 8059, which is serving as a model for other jurisdictions. Under § 8059(g)(2) of the SEU law, the SEU programs designed to achieve energy savings and promote green energy will be carried out through written contracts with competitively selected implementation contractors. Section 1 of the act is intended to make the provisions of the SEU law related to the length of such contracts with implementation contractors consistent with the provisions of the Energy Performance Contracting Act in Chapter 69 of Title 29. Section 2 of the act is intended to clarify that counties and political subdivisions, including municipalities, may enter into contracts with the SEU to obtain the benefit of SEU programs. Because the SEU is intended to be a “one stop shop” for energy savings programs, and because contracts with implementation contractors will be competitively bid, Section 2 allows the governmental entity to contract with the SEU without having to engage in a competitive bidding process itself. Section 3 of the act is designed to clarify the provisions of the existing law which limit the liability of the State for bonds issued by the SEU. The provisions in question are being expanded a) to make clear that any bonds or notes issued by the SEU do not constitute a debt or liability of the State or any political subdivision thereof, and b) to require a statement to that effect on the bonds themselves. Section 3 also updates and augments the bond provisions of the SEU law to bring them into conformity with current practices related to the issuance of bonds. Section 4 of the act makes a technical correction, changing the word “Certificates” to “Credits”. Section 5 of the act clarifies that the SEU may repay bonds using proceeds from the sale of Solar Renewable Energy Credits, as well as the sale of Renewable Energy Credits. Sections 6 and 7 clarify that § 360(a) and (b) of Title 26 related to renewable energy trading apply to Solar Renewable Energy Credits, in addition to Renewable Energy Credits. Under § 360 of Title 26, renewable energy credits and solar renewable energy credits that are unused “shall exist for 3 years from the date created.” Section 8 amends § 360 of Title 26 by adding a new subsection (c), which tolls the 3 year limit on the existence of renewable energy credits and solar renewable energy credits during any period that such a credit is held by the SEU.

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Takes effect upon being signed into law

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