SB 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.
The purpose of this bill is to incentivize the construction and operation of a limited number of high-efficiency Combined-Cycle Gas Turbine (CCGT) electrical generation facilities, with an output of between 100 MW and 500 MW, by creating an Electricity Production Tax Credit (EPTC) and bonus credits. These credits would offset state corporate tax liability while facilitating the increased availability of clean, cost-effective, high-efficiency, and energy production. CCGT power plants are proven technology that can provide significant dispatchable power production to meet Delaware’s growing need for dependable energy, while promoting grid stability that will enable the integration of renewable energy generation. Having the CCGT facilities built within Delaware will improve the energy security of our citizens while reducing power transmission charges and energy loss. The value of the Electricity Production Tax Credit (EPTC) can be increased via bonus credits if the CCGT power-generating facility is built on a brownfield or the current or former site of a power plant. Additional bonus credits can be earned if the plant’s operation exceeds certain high-efficiency thresholds and if it incorporates carbon-capture technology into the design. The value of the credits realized by the facility operator would result from the quantity of electricity delivered. Most CCGT plants operate at a capacity factor of 50% to 85%. A 500 MW power plant, operating within these margins, would be expected to produce somewhere between 2.2 million and 3.7 million MWh per year. At a maximum annual 65% production capacity, a 500 MW plant could serve the needs of approximately 210,000 homes. The total value of the credits for each eligible facility receiving the tax credits established under this bill is limited to $15 million annually. The number of facilities eligible for the tax credits established under this bill will be no more than three statewide.
This Act requires the Division of Public Health (“Division”) to create a website where Delaware residents can find out the level of PFAS, also known as “forever chemicals,” in their public drinking water systems. This Act also requires the Division to notify public water utilities if the PFAS in their water exceeds certain limits, known as maximum containment levels, or MCLs. Water companies receiving this notice from the Division must then notify their customers that the PFAS levels in their water exceed the MCLs. There is a growing body of evidence suggesting that PFAS, which are a class of chemicals that do not break down naturally, are linked to certain cancers, liver problems, thyroid issues, low birth weights and birth defects, decreased immunity, and other serious health issues. Children may be particularly susceptible to negative health outcomes from PFAS exposure, with some research linking high PFAS levels in children to developmental problems and reduced effectiveness of vaccines. Although Delaware is currently working toward making PFAS information available to consumers as required by the U.S. Environmental Protection Agency, the federal rule that requires water systems to report on PFAS does not require them to do so until 2027, and water systems will not face consequences for exceeding MCLs until 2029. By providing everyone who uses public drinking water systems with the ability to determine the level of PFAS in their water prior to 2027, and to be notified when levels exceed MCLs, this Act empowers Delaware residents to advocate for safer water. This Act takes effect 90 days after its enactment into law.
This concurrent resolution recognizes Delaware Nutrient Management Program and Commission, and the efforts they have made toward their mission to help improve and protect the quality of Delaware's ground and surface waters.
HB 235 amends Delaware Code to permit the composting of yard waste, food residuals, and other organic materials on properties zoned for agricultural use. This change directly affects farmers and agricultural landowners in Delaware by allowing them to compost these materials on their land without violating current zoning regulations. The key provision explicitly authorizes these specific composting activities on agricultural properties, which was not previously permitted under the existing code. The bill updates the legal framework to include this practice as a standard use for agricultural land.
This Act prohibits retail stores and wholesalers from selling, distributing, or offering for sale in this State expanded polystyrene foam food service packaging products, most expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, such as packing peanuts. These types of expanded polystyrene foam products are difficult to recycle and are not accepted in Delaware’s curbside recycling program. Such products typically end up in landfills, where they take hundreds of years to break down. By prohibiting the sale of expanded polystyrene food service packaging products, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging, this Act helps protect the environment from harmful waste. The Act does allow for certain uses of expanded polystyrene packaging (e.g., trays for raw or butchered meat) when necessary for health and safety reasons. This Act also allows for a temporary waiver of its prohibition on expanded polystyrene foam food packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging if there is not a financially feasible or commercially available alternative for a specific expanded polystyrene foam product prohibited under this Act, and the retail store or wholesaler can show that the ban will cause a significant financial hardship. This Act is a Substitute for Senate Bill No. 130. It differs from Senate Bill No. 130 as follows: 1. Specifies that the prohibition on expanded polystyrene foam products is limited to expanded polystyrene foam food service packaging, expanded polystyrene foam coolers, and expanded polystyrene foam loose fill packaging such as packing peanuts. 2. Clarifies that the prohibition on these products applies only to products sold in Delaware, by Delaware retail stores and wholesalers, and narrows the definitions of retail stores and wholesalers accordingly. This change is being made to alleviate concerns that the Act attempted to regulate expanded polystyrene foam products sales in other states. 3. Explicitly excludes food establishments such as restaurants from the definition of “retail store”, as the use of polystyrene foam food service products in food establishments is already regulated under § 3004Q of Title 16. 4. Removes language that had allowed the Department of Natural Resources and Environmental Control the discretion to create new exemptions. 5. Creates an exemption for expanded polystyrene coolers used to transport or ship live fish or other marine life. 6. Consolidates the waiver provisions into a single provision that allows for a 1-year renewable waiver in cases where compliance with is not a financially feasible and commercially available alternative for a specific expanded polystyrene foam product and the retailer or wholesaler can show that the ban will cause significant financial hardship. This Act takes effect on January 1, 2027.
Grid-enhancing technologies (GETs) offer efficient tools to increase power grid capacity without the need for new transmission lines. Studies demonstrate that these innovations can double renewable energy integration, create hundreds of thousands of jobs, and significantly expand interzonal transmission capacity. By 2035, GETs and reconductoring could help the U.S. achieve 90% emissions-free electricity. This resolution directs the DNREC State Energy Office (DNREC SEO) and the Delaware Sustainable Energy Utility (DESEU) to conduct a comprehensive cost-benefit analysis of GETs across all electric utilities in Delaware. The study shall assess ratepayer costs, technical feasibility, and implementation plans. DNREC SEO and DESEU are tasked with collaborating with the electric utilities, the Department of Natural Resources and Environmental Control, the Division of the Public Advocate, and other interested stakeholders and must submit a detailed preliminary report of its findings to the Governor and all members of the General Assembly by December 31, 2025, and a final report by July 31, 2026.
This resolution designates May 7, 2025, as “Plastic Free Lunch Day” in Delaware to recognize student-led efforts to reduce plastic waste in schools and promote environmental sustainability.
Subchapter 11-A of Title 7 delineates the Regional Green House Gas initiative, including where proceeds from C02 allowance auctions shall be expended. This Act fixes the overall amount of proceeds directed to purposes currently in the Delaware Code to 2025 levels and instructs DNREC that any auction proceeds above 2025 levels be directed to a rebate program to defray the cost of electricity to ratepayers. Under this Act, DNREC would provide rebate proceeds to the appropriate electric utility or distribution company for payment in the form of electric bill reductions to retail electric customers.
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.
