State and Local Policy Database

Delaware

State Scorecard Rank

18

Delaware

21.5Scored out of 50Updated 12/2022
State Government
Score: 3 out of 4.5
State Government Summary List All

Delaware offers several consumer loans for energy-efficient investments. The state government leads by example by benchmarking energy usage in state buildings, encouraging energy savings performance contracts, and requiring energy-efficient fleets and buildings. Researched focused on energy efficiency takes place at several institutions in the state.

Financial Incentives List All

The state of Delaware offers the following financial incentives to encourage energy efficiency improvements:

  • Affordable Multifamily Housing
  • Home Performance with Energy Star
  • ZEMod
  • Energize Delaware Farm Program
  • Revolving Loan Fund
  • Pathways to Green Schools
  • Faith Efficiencies Partnership
  • Empowerment Grant Program
  • Energy Efficiency Investment Fund Rebates
  • E2I: Energy Efficiency Industrial
  • Cool Switch Program

Further financial incentive information can be found in the Database of State Incentives for Renewables and Efficiency (DSIRE Delaware). In addition to these state-funded incentives, Delaware has enabled commercial Property Assessed Clean Energy (PACE) financing and has one active program. For additional information on PACE, visit PACENation.

Last Reviewed: August 2022

Equity Metrics and Workforce DevelopmentList All

Delaware is developing its first Climate Action Plan which currently awaiting publication. The Plan outlines how the State of Delaware will drive reductions of the greenhouse gas emissions that cause climate change and better prepare Delaware for its many impacts, from increasing temperatures to sunny day flooding and sea level rise. Developed hand-in-hand with residents, business leaders, and local governments, the plan contains strategies that fit the unique needs and desires of Delaware’s constituents. The strategies, goals, and policy recommendations included in the plan use equity-related metrics and methods for protecting Delaware’s most vulnerable populations from the effects of climate change.

Public participation has been central to developing Delaware’s Climate Action Plan. In addition to public workshops, online surveys, and comment forms soliciting public input, DNREC sought insight from Delaware-based technical stakeholders in the buildings, electric power, industrial transportation and waste sectors — along with staff from 10 state agencies — on potential actions to minimize greenhouse gas emissions and maximize resilience to climate change impacts. Input received from all the community engagement activities will help inform Delaware’s Climate Action Plan, which is set for release in winter 2021. Summaries of these activities, and the input received, are included below.

Public Participation Highlights:

  • More than 250 people participated in an initial round of public workshops, held in each county in March.
  • A follow-up series of virtual workshops held in September and October attracted nearly 390 attendees across five sessions.
  • Online surveys hosted on this website in the spring and fall, aimed at gathering input from those unable to attend a public workshop, garnered more than 520 responses.
  • Residents, businesses, and organizations submitted more than 50 additional written comments and questions on the plan.

Recordings, reports, and other materials from all the community engagement efforts are documented on the DE Climate Action Plan webpage.

The Delaware WAP is working on a project that will track high energy use and high energy burden clients served by the program so the data can be reported to the U.S. DOE.

Workforce Development

The state's energy plans or electrification strategies do not currently include specific measures to prioritize clean energy workforce development.

Last Reviewed: July 2021

Carbon Pricing PoliciesList All

Delaware is a member of the Regional Greenhouse Gas Initiative (RGGI), a cap-and-trade program for reducing GHG emissions in North America that began its compliance period in 2009. Capping CO2 emissions from the power sector, the program aims to reduce emissions by 45% below 2005 levels by 2020 and additionally by 30% by 2030.

Delaware utilizes 65% of its RGGI proceeds on energy efficiency activities, administered through the Delaware Sustainable Energy Utility. 10% of proceeds is dedicated to the Delaware Weatherization Program for weatherizing low- and moderate-income homes. 5% is returned directly to ratepayers through the Low Income Heating and Energy Assistance Program. 10% is dedicated to other programs that reduce greenhouse gas emissions, and 10% is used for administration and policy development efforts. In 2019, Delaware received $14,071,271 in RGGI auction proceeds.

Total investments can be found in RGGI annual proceed reports, in the Delaware chapter. The latest available data is for calendar year 2017. During calendar year 2017, $27M of RGGI funds were invested. 78% of these funds were invested in energy efficiency projects; 9% were invested in clean and renewable energy projects. The remainder was invested in greenhouse gas abatement projects, direct bill assistance, and program administration.

Delaware is also a participant in the Transportation and Climate Initiative’s (TCI) effort to develop a cap-and-invest program for transportation emissions. TCI comprises states from North Carolina to Maine who are engaged in modeling, outreach, and program development efforts for a policy that could be implemented by each state and coordinated regionally to cap emissions from transportation and utilize proceeds from allowance auctions for clean transportation investments. The states are targeting November 2020 for an announcement of the program design. States would, at that time, decide whether to implement the program.

Avoided GHG emissions are reported to RGGI Inc. for all programs funded by RGGI proceeds. Program Administrators for programs reported to the Delaware Energy Efficiency Advisory Council (EEAC) utilize the Mid-Atlantic TRM to calculate energy efficiency and demand resource savings, costs, and emission impacts of programs they offer. In keeping with the state's EM&V regulations, Program Administrators file reports with the EEAC reporting energy impact information for each program; this data is used to calculate avoided greenhouse gas emissions achieved through the programs. The EEAC also approved the use of reduced GHG emissions as a non-energy impact to be used in cost-effectiveness testing.

Per EO 41, Delaware does have a statewide emissions reduction goal in place, specifically to reduce emissions 30% by 2030 (baseline year 2008).

Last Reviewed: September 2022

Building Energy Disclosure List All

There is no disclosure policy in place.

Last Reviewed: July 2019

Public Building Requirements List All

In February 2010, Governor Markell issued Executive Order 18, which set a variety of energy conservation goals and requirements intended to make the state a leader by example in clean energy and sustainability.

Under Executive Order No. 18 (EO 18), executive branch State agencies and departments in State-owned or State-leased buildings were directed to achieve an overall collective reduction of 30%, subject to funding opportunities and constraints, by the end of Fiscal Year (FY) 2015 when compared to FY 2008. The order further prescribed a series of energy conservation practices for state employees to follow, such as turning off lights when they are not in use, eliminating the use of portable appliances, following green computing practices, and maintaining appropriate thermostat settings. The order also directed new construction and major renovation projects to be designed to meet or exceed the USGBC LEED Silver rating standards, and certification must be pursued for such projects if it can be accomplished at a reasonable cost. EO 18 also directs executive agencies and departments to procure at least 30% of their electricity load from clean, renewable sources.

As an extension of the State's efforts to track energy use in public buildings, Delaware joined the Better Buildings Challenge (BBC) in 2012. The BBC is a voluntary program administered by the U.S. Department of Energy, setting long range energy reduction goals for building portfolios and requiring partners to track and report detailed energy use annually. The BBC also requires partners to submit at least one showcase project to demonstrate best practices in energy efficiency and energy conservation, as well as develop and follow an implementation model that serves as a playbook to achieve energy use goals, identify barriers, and implement replicable solutions. The State currently tracks executive branch State buildings over 1,500 square feet using EPA's Portfolio Manager tracking database, or over 8 million square feet of state owned public building space. This achievement marked the State's successful completion of all BBC requirements, and as a result, Delaware was recognized by the U.S. Department of Energy as a BBC goal achiever. The State continues to participate in the BBC, and is being recognized for energy reporting for the 7th year in a row. To date, Delaware has exceeded its energy goal to reduce energy intensity by 20 percent relative to baseline levels and reported a cumulative energy usage reduction of 28 percent.

Last Reviewed: August 2022

Fleets List All

Executive Order 18 sets goals for vehicles operated by state agencies to reduce petroleum consumption by 25%, vehicle emissions by 25%, and vehicle miles traveled by 15% by the end of fiscal year 2012 (using 2008 as the baseline year). In conjunction to these efficiency goals, the Governor requested that the size of the fleet be reduced by 20% from 2008 levels. Using data, Fleet Services was able to cut 22.6% or 579 vehicles. As of 2012, the amount of miles driven in Fleet vehicles was reduced by 21.62% and fuel use reduced by 11.22%. This saved 5,851,660 pounds of CO2 pollution into the atmosphere. One of the key components of EO 18 was to green Delaware's fleet and to enhance compliance with the Clean Air Act and Energy Policy Act.

All new light-duty vehicles state agencies, departments, and offices purchase must be hybrid electric, alternative fuel, fuel-efficient, or low emission vehicles, unless such a purchase compromises health, safety, or law enforcement needs. The State of Delaware Fleet Services purchased 10 Prius Prime vehicles as well as 3 Ford Focus Electric vehicles to add to the State Fleet Pool. Delaware State Fleet Services has committed to replacing 20% of the state fleet with EVs and PHEVs by 2025, totaling over 550 vehicles. The state has also negotiated multiple leases for rented state office space to include charging stations on-site for fleet vehicles. The Divsion of Climate, Coastal, & Energy is also funding a fleet charging project that will install charging stations at state-owned buildings across the state. This project will be complete by the end of 2020. The Delaware Department of Transportation also purchased two Ford Focus Electric vehicles and 16 Electric Transit buses, and plans to have 20 operating by 2021. Thanks to a new $2.6 million grant, these buses will be used throughout Delaware.

Last Reviewed: August 2022

Energy Savings Performance Contracting List All

Title 29, Subchapter V, The Energy Performance Contracting Act encourages that agency facilities need to explore investments in energy conversation measures to ensure that there is immediate and long-term savings for facilities. These energy conservation measures include but are not limited to improving insulation, energy recovery systems, cogeneration systems, renewable energy systems, increasing the efficiency of lighting systems, and HVAC replacements. Title 29, Section 6973 authorizes an agency to enter into an energy performance contract with a qualified provider to reduce and evaluate operational costs of a facility. These providers develop a financial grade energy audit, which is combined into the final performance contract. The energy consumption and cost-savings attributed to energy savings measures must be reported on no less than annually and provide a report to the governmental unit. The Delaware Sustainable Energy Utility is now accepting applications for School Districts and State Agencies to enter into Energy Savings Performance Contracts through a tax exempt bond issuance. The DE SEU's Performance Contracting Program uses long-term utility cost savings from implementation of projects to fund the improvements performed by Energy Services Companies. Entering into the Energy Savings Performance Contracts will give participants access to technical advisors, financial and legal advisors, education, and training services.

Several activities took place in 2018. The Colonial School District completed a $7.6 million for energy efficiency and renewable energy capital improvements in sixteen buildings through an ESPC that was funded by bridge loan from the Delaware Sustainable Energy Utility (DESEU). It is slated for permanent financing from a DESEU Energy Efficiency Bond Issue in early 2019. These improvements are projected to yield $9.8 million in savings over 20 years with a net savings of $626,866.

The Delaware Division of Health and Social Services entered into and started construction on $3.7 million ESPC for energy efficiency improvements for 8 buildings that was funded by a bridge loan from the Delaware Sustainable Energy Utility (DESEU). It is slated for permanent financing from a DESEU Energy Efficiency Bond Issue in early 2019. These improvements are projected to yield $7.3 million in savings over 20 years with net savings $712,268.

The Indian River School District entered into and started construction on $8.2 million ESPC for energy efficiency improvements for 13 school buildings that was funded by a bridge loan from the Delaware Sustainable Energy Utility (DESEU). It is slated for permanent financing from a DESEU Energy Efficiency Bond Issue in early 2019. These improvements are project to yield $13 million in savings over 20 years with net savings of $1,222,924.

Last Reviewed: July 2020

Research & Development List All

University of Delaware’s Center for Energy and Environmental Policy: The Center is composed of an internationally diverse faculty and research staff with backgrounds in a variety of disciplines including economics, sociology, geography, political science, philosophy, engineering, urban planning and environmental studies. As part of the Center's energy sustainability theme, researchers explore sustainable energy utilities and clean energy futures.

University of Delaware’s Mid-Atlantic Industrial Assessment Center (IAC) is one of 24 in the country that provides energy, waste and productivity assessments to small and mid-sized manufacturers with a concentration in energy efficiency. The Energy Savings Assessments are conducted at no cost and offer the next generation of engineer’s valuable hands-on training while producing energy efficiency recommendations resulting in reduced energy consumption. Since its creation the IAC has yielded over 100+ clients 10%-30% energy bill reductions. In 2012, the U.S. Department of Energy awarded the Mid-Atlantic IAC the “Center of Excellence” award. 

Delaware Technical and Community College was awarded $4,297,800 in grants in 2009-2010 by the Economic Development Administration (EDA) to build energy facilities at three of their campuses; Owens, Terry, and Stanton. The construction of these buildings marks the region’s first comprehensive workforce development centers in the field of energy efficiency. Delaware Tech’s Energy House and Center for Energy Education and Training were both awarded LEED Platinum certifications. The Sustainable Energy Training Center was awarded LEED Gold. Delaware Technical & Community College partnered with Trane and the National Coalition of Certification Centers (NC3) to create the Trane Center of Excellence. The Center is the fourth of its kind across the country and has the ability to run simulations on energy efficiency opportunities at a system level, as opposed to the unitary level approach which allows for maximum energy efficiency gains. This Center is key for preparing Delaware’s energy efficiency workforce through real-life applications of commercial air handling units, boilers, and chillers.

Last Reviewed: July 2019

Buildings
Score: 5 out of 12
Buildings Summary List All

Residential and commercial codes follow the 2018 IECC and ASHRAE 90.1-2016. Localities may adopt more stringent stretch codes, but none have done so to-date. The state has completed a gap analysis and baseline compliance study.

Delaware Code also requires the state to establish programs to promote the construction of zero net energy homes and commercial buildings by December 31, 2025 and December 31, 2030 respectively.  It is within this context that stretch codes may be considered in the future.

Residential Codes List All

Delaware adopted 2018 IECC effective June 11, 2020.  Secretary’s Order No: 2020-CCE-0014 was signed on April 28, 2020, approving the proposed amendments to 7 DE Admin. Code 2101: Regulations for State Energy Conservation Code. The final regulation and Secretary's Order was published in the June 1st Monthly Register of Regulations and with an effective date of June 11, 2020. The regulations adopt the 2018 IECC in its entirety by reference.  The energy codes come in to force 6 months after the effective date (December 11, 2020). Residential and commercial codes are reviewed triennially by the Delaware Energy Office within the Department of Natural Resources and Environmental Control.

Review of the 2021 IECC has begun with adoption anticipated in June 2023.  Activities and events associated with the next code adoption cycle are posted on the DNREC webpage.

The only amendment to the model codes (2018 IECC and ASHRAE 90.1-2016) is a slight strengthening amendment.  The regulations adopted by DNREC require testing for duct and building envelope tightness (as required by the model codes) to be conducted by a certified DET verifier.  “DET verifier” means a certified Duct and Envelope Tightness verifier. A certified DET verifier shall be a certified Home Energy Rating Systems (HERS) rater, or be a certified Home Performance with ENERGY STAR contractor, or be a Building Performance Institute (BPI) Heating Professional to perform duct tightness testing or a BPI Building Analyst or Envelope Professional to perform building tightness testing, or successfully complete a course that is approved by the Department of Natural Resources and Environmental Control.  See regulations at: https://regulations.delaware.gov/AdminCode/title7/2000/2101.shtml

Additionally, the City of Newark has adopted a stretch code.  Middletown is considering adoption.  New Castle County Council is working on development of a Zero Net Energy Buildings stretch code amendment that would be applied to all municipalities in the county.  

Last reviewed: June 2022 

Commercial Code List All

Delaware adopted the commercial provisions of 2018 IECC and ASHRAE 90.1-2016 effective June 11, 2020.  Secretary’s Order No: 2020-CCE-0014 was signed on April 28, 2020, approving the proposed amendments to 7 DE Admin. Code 2101: Regulations for State Energy Conservation Code. The final regulation and Secretary's Order was published in the June 1st Monthly Register of Regulations and with an effective date of June 11, 2020. The regulations adopt the 2018 IECC and ASHARE 90.1-2016 in there entirety by reference.  The energy codes come in to force 6 months after the effective date. Residential and commercial codes are reviewed triennially by the Delaware Energy Office within the Department of Natural Resources and Environmental Control.

Review of the commercial provisions of 2021 IECC and ASHRAE 90.1-2019 has begun with adoption anticipated in June 2023.  Activities and events associated with the next code adoption cycle are posted on the DNREC webpage.

Last reviewed: June 2022

Compliance List All
  • Baseline & Updated Compliance Studies: Delaware has not conducted a study/evaluation of energy code compliance, but is working towards conducting the first study baseline study. DNREC is preparing an RFP in 2022 to acquire a consultant to conduct a residential and commercial code compliance field study.
  • Utility Involvement: Electric and gas utilities are engaged through the regulatory development process and in meetings of the Delaware Energy Codes Coalition.  
  • Stakeholder Advisory Group: The Delaware Energy Codes Coalition meets quarterly to serve as a diverse stakeholder advisory group focused on code compliance.  Delaware also participates in the Building Codes Assistance Project.  Delaware Division of Climate Coastal, & Energy obtains technical assistance for the Delaware Energy Codes Coalition from the Northeast Energy Efficiency Partnerships (NEEP), Green Building United, and the Division's Technical Consultant.
  • Training/Outreach: Approximately $100,000 has been allocated for training in 2021. DNREC is providing training to the Delaware construction industry and local code enforcement officials to support the new statewide energy codes. The Division's Energy Section is providing free energy code training and resources for Delaware code enforcement officials and construction industry professionals to support the continued implementation of updated energy conservation codes. 
     
    The updated energy conservation codes, requiring the use of the 2018 IECC and ASHRAE 90.1-2016 statewide, went into effect December 11, 2020. In February, DNREC hosted two virtual training events covering the changes in the residential and commercial energy conservation codes and addressing questions from stakeholders. To continue to offer the most useful training and tools to help Delaware energy code stakeholders and continue a successful energy code transition, the Energy Section is surveying code enforcement officials and construction industry professionals to gather their input ahead of planned field training events this Fall. 
     
    Additional meetings with stakeholders, technical support, and training opportunities will occur in stages through the rest of the year. Additional energy code support can be found on our website (linked below), including information about the Delaware Energy Code Support Hotline, which was established to help energy code stakeholders resolve challenges or questions encountered while implementing the updated energy codes in the field. The website also hosts materials from the February training sessions.

Last Reviewed: June 2022

 

CHP
CHP Summary List All

Delaware has some policies to encourage CHP, including supportive interconnection policies, favorable EERS treatment, and a CHP grant pathway. No new CHP system were installed in 2018.

Interconnection StandardsList All

Delmarva Power & Light, Delaware's only investor-owned electric utility, has four basic levels of interconnection based on system size and system type. Delaware Electric Cooperative has two tiers. All forms of CHP including fossil- and renewable-fueled systems of up to 10 MW are eligible for interconnection in Delaware.

Last Reviewed: July 2019

Encouraging CHP as a ResourceList All

There is not a specific goal or target for savings from CHP in Delaware. CHP is outlined as a subset under Title 26 for EERS standards. CHP is considered eligible as an equivalent energy resource for affected energy providers to meet their energy and natural gas savings goals outlined in Section §1502.  Section §1502 outlines the EERS goals, including CHP, for energy providers to achieve a minimum percentage of energy savings.  These energy savings are equivalent to 2% of the provider’s 2007 electricity consumption and coincident peak demand reduction equivalent to 2% of the of the provider’s peak demand by 2011.

Last Reviewed: July 2019

Deployment IncentivesList All

Incentives, grants, or financing: CHP systems may be eligible for an incentive through Delaware’s Energy Efficiency Investment Fund (EEIF), which helps commercial and industrial customers with the cost of energy efficiency equipment. The EEIF Program launched a dedicated CHP Grant Pathway in November 2017. The CHP Grant Pathway is designed so commercial, industrial, and non-profit entities may upgrade and add CHP systems to their facilities to reduce their total annual kWh and/or MMBtu usage. CHP grants include five types of Combined Heat and Power (CHP) systems: microturbines, reciprocating engines, gas turbines, steam turbines, and fuel cells. Systems must meet the minimum 60% annual system efficiency requirement, and produce 1.0 MMbtu/hour of useful thermal output. The CHP pathway is ideal for facilities with high annual hours of operation and a high thermal load. 

In addition, the State Revolving Loan Fund offers low-interest loans to qualifying CHP projects.

Last Reviewed: July 2019

Additional Supportive PoliciesList All

The state provides technical assistance focused on encouraging CHP deployment through the Delaware Division of Energy and Climate. State program staff coordinate with CHP developers and/or local energy utilities to conduct outreach, help evaluate the feasibility of potential CHP sites, and identify and support applications for state financial incentives for CHP projects.

In 2018, Delaware provided over $70,000 for research on low-emission microgrids, including those anchored by CHP. They study explored microgrids for resilience in particular.

Last Updated: August 2019

Utilities
Score: 4.5 out of 15
Utilities Summary List All

Delaware has made advances toward strengthening its energy efficiency programs, establishing the nonprofit Delaware Sustainable Energy Utility (SEU) to operate programs to deliver comprehensive end-user efficiency and customer-sited renewable energy services. SEU operates as “Energize Delaware.” Since 2006, Delaware law has required electricity providers to engage in integrated resource planning (IRP). In 2009, Delaware approved an Energy Efficiency Resource Standard (EERS) that set goals for consumption and peak demand for electricity and natural gas utilities. The goals are 15% electricity consumption and peak demand savings and 10% natural gas consumption savings by 2015. However, rules outlining how these goals are to be met are still pending.

In 2014, the state legislature passed SB 150, an amendment calling for expansion of cost-effective electric and natural gas utility programs and allowing utilities to deliver these programs and recover costs through rates. SB 150 created the Energy Efficiency Advisory Council (EEAC), which established voluntary energy savings targets (electric and gas), similar to the EERS. The incremental energy efficiency targets are incremental annual savings as a percent of forecasted sales.

2016/2017 targets:  0.4% electric, 0.2% natural gas

2018 targets: 0.7% electric, 0.3% natural gas

2019 targets: 1.0% electric, 0.5% natural gas

2020-2022 target: 0.7% electric, 0.5% natural gas

The most recent budgets for energy efficiency programs and electricity and natural gas savings can be found in the State Spending and Savings Tables.

Last reviewed: September 2020

Customer Energy Efficiency Programs List All

Delaware has made advances toward strengthening its energy efficiency programs, establishing the nonprofit Delaware Sustainable Energy Utility (SEU) to operate programs to deliver comprehensive end-user efficiency and customer-sited renewable energy services. SEU operates as “Energize Delaware.” Since 2006, Delaware law has required electricity providers to engage in integrated resource planning (IRP). In 2009, Delaware approved an Energy Efficiency Resource Standard (EERS) that set goals for consumption and peak demand for electricity and natural gas utilities. The goals are 15% electricity consumption and peak demand savings and 10% natural gas consumption savings by 2015. However, rules outlining how these goals are to be met are still pending.

In 2014, the state legislature passed SB 150, an amendment calling for expansion of cost-effective electric and natural gas utility programs and allowing utilities to deliver these programs and recover costs through rates. SB 150 created the Energy Efficiency Advisory Council (EEAC), which established voluntary energy savings targets (electric and gas), similar to the EERS. The incremental energy efficiency targets are incremental annual savings as a percent of forecasted sales.

2016/2017 targets:  0.4% electric, 0.2% natural gas

2018 targets: 0.7% electric, 0.3% natural gas

2019 targets: 1.0% electric, 0.5% natural gas

2020-2022 target: 0.7% electric, 0.5% natural gas

The most recent budgets for energy efficiency programs and electricity and natural gas savings can be found in the State Spending and Savings Tables.

Last reviewed: September 2020

Energy Efficiency as a Resource List All

In 2009, Senate Bill 106 stated that energy efficiency would be the “highest-priority resource” in the state. Cost-effectiveness was one motivation for this decision. The Electric Utility Retail Customer Supply Act of 2006 requires electricity providers to file 10-year integrated resource plans that will address long-term supply contracts, including provisions for renewable energy and demand-side resources (26 Del. C. §1001-1012). Additional integrated resource planning rules are under consideration. In PSC Regulation Docket Number 60, the PSC entered Order Number 7318 (2007), proposing integrated resource planning regulation. This regulation was finalized in 2008.

Last reviewed: September 2020

Energy Efficiency Resource Standards List All

Summary: Delaware does not have a mandatory EERS. However, energy savings targets have been set by the Energy Efficiency Advisory Council (EEAC) and affected energy providers are currently working to meet these goals.

Established by SB 150, House Amendment 2 in 2014, the Delaware Energy Efficiency Advisory Council convened to establish guidance on cost-effective energy efficiency programs. The Delaware Energy Efficiency Advisory Council (EEAC) provides guidance to energy providers in developing energy efficiency, energy conservation, peak demand reduction, and emission-reducing fuel switching programs for all customer classes. The EEAC collaborates with the Public Service Commission (PSC) and Public Advocate (PA) to guide energy providers in establishing 3-year program  portfolios that must be approved by the PSC or other appropriate regulatory body.

The Act set up an eleven-member stakeholder workgroup to assist in developing key regulations, assessing the feasibility and impact of pursuing the established targets, reviewing progress annually, and recommending changes to the plan as needed. In its June 2011 report, the workgroup identified several issues that undercut the effectiveness of the policy. First, the level of proposed funding (gathered through an energy efficiency charge on customer bills) made it unlikely that the state would meet the targets established in the Energy Efficiency Resource Standards Act. Second, the workgroup found that conflicting state statutes muddied the institutional structure around efficiency program implementation and accountability, making it impossible to determine which entity (utilities, the Sustainable Energy Utility, or the Public Service Commission) has accountability for EERS performance results and the development of enforcement mechanisms.  

Given the lack of final implementation rules, and the funding and institutional challenges outlined above, Delaware's energy savings targets are considered voluntary.

Established by SB 150, House Amendment 2 in 2014, the EEAC convened to establish guidance on cost-effective energy efficiency programs. The EEAC has established voluntary energy savings targets (electric and gas), similar to the EERS. Utilities and program administrators are encouraged through the EEAC to develop and implement energy efficiency programs that will yield a reduction in electric and natural gas usage. Programs plans are designed around a 3-year timeframe but have the ability to be updated annually, with annual targets increasing each year to reach the cumulative 3-year goal. The incremental energy efficiency targets are incremental annual savings as a percent of forecasted sales: (2016/2017) E – 0.4% G – 0.2%; (2018) E – 0.7% G – 0.3%; (2019) E – 1.0% G – 0.5%. The EEAC approved the 2020-2022 energy savings goals in May 2020.  The EEAC has set one three-year, cumulative average goal for electric (0.7% of total electric sales) and gas (0.2% total gas sales) energy savings.

Last reviewed: September 2020

Utility Business Model List All

The state evaluates the issue of decoupling on a utility-by-utility basis when it sets utility rates through rate case proceedings. In September 2009, the PSC entered Order 7641 (Docket No. 09-276T), examining a modified fixed variable rate design for Delmarva Power (electric and gas). The docket has been on hold since late 2011 because the conditions required to implement decoupling could not be met until Delmarva Power was able to implement energy efficiency programs that benefit its customers. In 2014, the state legislature passed SB 150, calling for the expansion of cost-effective electric and natural gas utility programs and allowing utilities to deliver these programs and recover costs through rates.

Delmarva Power and Light’s program plan filed with the PSC did not include provisions for a performance incentive. Delmarva proposed to recover the costs of the program, amortized over a five-year period, using the same rate of return as their supply-side capital investments.

Last reviewed: September 2020

Evaluation, Measurement, & Verification List All
  • Primary cost-effectiveness test(s) used: total resource cost test  

  • Secondary cost-effectiveness test(s) used: rate and bill impacts  

The evaluation of ratepayer-funded energy efficiency programs in Delaware relies on legislative mandates (Energy Efficiency Resource Standards Act of 2009). The Delaware Department of Natural Resources and Environmental Control administers evaluations. Statewide evaluations are conducted.  

According to the Database of State Efficiency Screening Practices (DSESP), Delaware relies on the Total Resource Cost Test (TRC) and considers it to be its primary cost-effectiveness test. Delaware’s TRC accounts for avoided environmental compliance costs, reduced emissions, and improved participant health. Delaware also accounts for other non-energy benefits of productivity (avoided O&M costs), non-primary fuel benefits, and water savings. Rules for benefit-cost tests and evaluation requirements are outlined in the Delaware Evaluation Framework. Evaluation, Measurement, & Verification Regulations (Title 29, Section 8059) were published in the State Register of Regulation December 2016, becoming promulgated January 11, 2017.   

These regulations include EM&V procedures and standards including impact evaluation, environmental outcomes, process evaluation, market effects, and cost-effectiveness evaluation. They require energy providers to actively demonstrate, document, and report compliance with energy savings targets. The EM&V regulations also define how to measure electricity and natural gas savings.  

The EM&V Subcommittee to the Energy Efficiency Advisory Council (EEAC) was formed to help guide the council on all aspects of EM&V, ensuring compliance of EM&V activities with the regulations, and striving for consistency in the execution of EM&V activities statewide.  

Further information on cost-effectiveness screening practices for Delaware is available in the Database of State Efficiency Screening Practices (DSESP), a resource of the National Efficiency Screening Project (NESP). Further information on health and environmental benefits is available in ACEEE’s Overview of State Approaches to Account for Health and Environmental Benefits of Energy Efficiency

Last Updated: January 2019

Guidelines for Low-Income Energy Efficiency Programs List All

Requirements for State and Utility Support of Low-Income Energy Efficiency Programs

Delaware established legislative energy savings targets in 2009 with the adoption of SB 106, although these have yet to be implemented. The legislation sets up a Sustainable Energy Trust Fund to collect charges assessed by energy providers in service of energy savings goals. SB 106 specifies that 20% of assessment be provided to the Weatherization Assistance Program.

Electric utility restructuring legislation passed in 1999 specifies that Delmarva Power and Light collect 0.095 mills/kWh (approximately $800,000 annually) from customers to be forwarded to the Department of Health and Social Services, Division of State Service Centers, to be used to fund low-income fuel assistance and weatherization programs.

The Delaware Weatherization Assistance Program has an annual goal of completing 400 homes.   In addition, to make low-income energy efficiency programs more accessible, a Guidance Document was drafted in 2016 as part of the merger settlements approved by the PSC between Exelon and Delmarva Power and Light to allocate $4,000,000 of the funds towards low-income customer energy efficiency programs. This Guidance Document applies to DPL customers, and funds are available to support organizations delivering energy efficiency programs to low-income rate payers. Organizations that receive grants to run low-income energy efficiency programs will increase energy efficiency measures for low-income Delaware households, increase statewide electric and gas savings, engage and inform low-income households about the benefits of energy efficiency, develop a community-based approach to address energy efficiency issues in low-income housing by mobilizing public and private sector resources, and ensure the greatest extent feasible that job training, employment, and contracting generated by this grant will be directed to low-income households. All settlement-funded low-income programs must be officially recommended by the EEAC and approved by the PSC. The Delaware Public Service Commission approved Delmarva Power's low-income settlement distribution plan at a hearing on May 22, 2018.

Energize Delaware was selected to be the grant manager for $4 million in funds designated for low income energy efficient programs for Delmarva Power customers. The funds originated from the Exelon\Delmarva Power Merger Settlement approved by the Delaware Public Service Commission.  Energize Delaware will distribute the funds competitively to organizations capable of delivering energy efficiency programs to low income customers over a three-year period. Two distinct energy efficiency programs will be funded: Large-Scale energy efficiency programs and Community-Scale programs.  The first round of solicitation for the Large-Scale grant closed April 24th with 8 applications requesting nearly $10 million in funding.  The Grant Review committee is preparing to meet to review the applications and make decisions on the grant awards which should be issued in July.  Community-Scale grant applications are being accepted and are being considered by the Grant Review Committee on a rolling basis. (https://empowergrantde.org/about/)

Cost-Effectiveness Rules for Low-Income Energy Efficiency Programs

In 2016, the Evaluation, Verification, & Measurement subcommittee of the EEAC reviewed net-to-gross ratios, avoided costs, and net environmental impacts for low-income energy customers. The EM&V Committee recommended a proposed net-to-gross ratio for low-income programs to be 1. This includes income-eligible HES, low-income multi-family, and low-income new construction programs.

The EM&V Committee in 2016 recommended specific non-energy benefits for low-income programs. These non-energy benefits include weatherization reduced arrearages and participant health and safety benefits. Specific values were also applied to non-energy benefits and are locked in for three years. These non-energy benefits were unanimously recognized and approved by the EEAC.

Coordination of Ratepayer-Funded Low-Income Programs with WAP Services

The Department of Natural Resources and Environmental Control (DNREC) administers federal weatherization funds, which are coordinated and joined with federal LIHEAP block grant, state utility funds, and funds from the Regional Greenhouse Gas Initiative (RGGI).

The Low-Income Energy Efficiency Committee of the EEAC began meeting in 2016 with a purpose to develop cost-effective low-income programs to submit before the EEAC. It is made up of stakeholders from the EEAC, utility representatives, state agencies, community action agencies, community-based organizations, faith-based organizations, and community foundations. In an effort to better serve the low-income population in the state, the committee was tasked with identifying existing services that provide funding for affordable housing. Some of the existing programs identified include the Weatherization Assistance Program (WAP), Low-Income Home Energy Assistance Program (LIHEAP), SHARING Fund, Beat the Peak, and Assisted Home Performance with Energy Star.

The Weatherization Assistance Program (WAP), Low-Income Home Energy Assistance Program (LIHEAP), and Delaware Sustainable Energy Utility collaborate in order to deliver services to as many clients as possible.  The Delaware Pre-Weatherization Program (Pre-WAP) is a unique initiative developed in order to serve clients that would otherwise be deferred by WAP due to the condition of the client’s home.  The Pre-Weatherization program helps low-income families in Delaware prepare their homes to meet the requirements for the State of Delaware’s Weatherization Assistance Program.  Many potential Weatherization Assistance Program (WAP) clients cannot afford the structural home repairs needed to qualify the home, and therefore lose the ability to participate in weatherization assistance.  Participants whose properties have been deferred by WAP for structural reasons are referred to Energize Delaware’s Pre-Weatherization Program.  Energize Delaware provides funding to pay for the repair of the structural issues, such as leaky roofs, broken windows and doors, or moisture in crawl spaces.  The Pre-Weatherization Assistance Program will inspect homes, hire contractors, schedule repair work, and perform a quality assurance post-inspection, then re-admit these units into the Weatherization Assistance Program.  Over 200 homes have been completed to date at an average cost of $3,000 per home.  Participants in the LIHEAP are also referred to WAP for additional services.

Last reviewed: September 2020

Self Direct and Opt-Out Programs List All

Delaware does not allow for large customers to self-direct the funds they would have paid for energy efficiency, nor to opt-out entirely from participating in energy efficiency programs. 

Last reviewed: July 2019

Data AccessList All

Delaware has no policy in place that requires the release of energy use data to customers or third parties. 

Last reviewed: July 2019

Transportation
Score: 7.5 out of 13
Transportation Summary List All

The state commits a significant amount of effort to integrating transportation and land-use planning. Delaware has passed complete streets legislation.

Tailpipe Emission Standards List All

Delaware adopted California's clean car program in December 2010.

Last Reviewed: November 2022

Transportation System Efficiency List All

Transportation and Land Use Integration: Delaware has required local communities to submit comprehensive plans since the inception of the Shaping Delaware’s Future Act in 1995. In 2001, Delaware enacted the “Livable Delaware” initiative, which included legislation to provide funds and planning resources to municipalities for the creation of comprehensive growth plans. The initiative now includes a statute to establish a governor’s advisory council to coordinate development efforts and the creation of a realty transfer tax fund to finance the stewardship of undeveloped land in the state.

VMT Targets: While the state has not yet developed a target for VMT reduction or GHG reduction from the transportation sector, the Division of Climate, Coastal & Energy is currently developing a Climate Action Plan by December 2020 to support Governor Carney's climate policy. The Climate Action Plan will include goals for GHG reduction from the transportation sector, the work group developing the plan may include VMT goals. 

FAST Freight Plans and Goals: The 2015 Delmarva Freight Plan has been approved by FHWA and adopted by all MPOs.

Last Reviewed: November 2022

Transit Funding List All

Delaware Code Title 2 § 2101 Complete Community Enterprise Districts defines criteria for any local government to promote economic development by entering into an agreement with the Department of Transportation to create transit-oriented development districts, called "Complete Community Enterprise Districts". They are characterized by their mix of land uses, efficient use of public infrastructure, efficient use of public services, and multiple modes of public transportation combined with environmentally friendly private transportation. The legislation does not provide a specific funding source for public transit and other alternatives to highway transportation but does give priority to Complete Communities when evaluating projects for funding. 

Last Reviewed: November 2022

Incentives for High-Efficiency Vehicles List All

The Department of Natural Resources and Environmental Control, Division of Climate, Coastal & Energy offers monetary incentives for alternative fuel vehicles. The Delaware Clean Vehicle Rebate Program offers rebates to Delaware residents and businesses for the purchase of new alternative fuel vehicles such as battery electric and plug-in hybrid electric passenger vehicles. The program offers rebates of up to $2,500 for new battery electric passenger vehicles with a purchase price not exceeding $60,000. To compliment the vehicle program, rebates of up to $7,000 are also available to help fund electric vehicle charging stations for commercial public access, workplace, multifamily dwellings, and fleet. Additionally, through the Clean Vehicle Rebate Program, the Department also offers rebates of $20,000 for new qualifying heavy duty CNG class 7 or 8 vehicles (GVW >26,000 pounds). Altogether, there is $2,000,000 available in funding for clean vehicle and infrastructure rebates during the 2020 funding round which is set to expire on December 31, 2020, but is expected to be renewed for additional funding.

Last Reviewed: November 2022

Equitable Access to TransportationList All

Public transit access

Delaware does not have any state programs in place to incentivize the creation of low-income housing near transit facilities, nor does it consider the proximity of transit facilities when distributing federal Low-Income Housing Tax Credits to qualifying property owners.

This year the state re-launched the “Get a Job, Get a Ride” program which provides new employees a free 30-Day Bus Pass that allows for transportation to and from work for 30 days after starting a new job.  This program helps low-income save money by reducing transportation costs during their first month of employment.  

In Spring of 2021, the Delaware Department of Transportation, DART office launched DART Connect, a new service pilot project funded under the Federal Transit Administration’s Accelerating Innovative Mobility grant. DART Connect is an on-demand micro-transit service that provides transportation for rural communities in Sussex County, Delaware. This project connects residents of the most rural and underserved areas of the state with flexible and on-demand transportation options to get them to their jobs, doctors’ appointments, and grocery stores.  

Reviewed: November 2022

Appliance Standards
Score: 0 out of 3
Appliance Standards Summary List All

Delaware has not set appliance standards beyond those required by the federal government.

Last Reviewed: June 2019