Del. Code tit. 26 § 360

Current through 2024 Legislative Session Act Chapter 476
Section 360 - Renewable energy trading
(a) A retail electricity supplier or municipal electric company may use accumulated renewable energy credits or solar renewable energy credits to meet the renewable energy portfolio standard established pursuant to this subchapter, and may sell or transfer any renewable energy credit or solar renewable energy credit not needed to meet said standards.
(b) An unused renewable energy credit or solar renewable energy credit shall exist for 3 years from the date created.
(c) The 3-year period referred in subsection (b) of this section above shall be tolled during any period that a renewable energy credit or solar renewable energy credit is held by the SEU as defined in § 8059 of Title 29.
(d) The Renewable Energy Taskforce shall be formed for the purpose of making recommendations about the establishment of trading mechanisms and other structures to support the growth of renewable energy markets in Delaware.
(1) The Taskforce shall comprise the following appointments:
a. Four appointments by the Secretary of DNREC, which shall include 1 representative from the renewable energy research and development industry, 1 representative from the local renewable energy manufacturing industry, and 1 representative from an environmental advocacy organization;
b. One appointment by the Commission;
c. One appointment by Delmarva Power & Light;
d. One appointment by the Delaware Electric Cooperative;
e. One appointment by municipal electric companies;
f. One appointment by the Sustainable Energy Utility;
g. One appointment by the Delaware Public Advocate; and
h. One appointment by the Delaware Solar Energy Coalition.
(2) The Taskforce shall be charged with making recommendations about and reporting on the following and matters related thereto:
a. Establishing balanced markets mechanisms for REC and SREC trading;
b. Establishing REC and SREC aggregation mechanisms and other devices to encourage the deployment of renewable, distributed renewable, and solar energy technologies, including community-owned energy generating facilities, in Delaware with the least impact on retail electricity suppliers, municipal electric companies and rural electric cooperatives;
c. After an analysis by the Taskforce, the annual progress towards achieving the minimum cumulative percentages for all renewable energy resources including, but not limited to, solar and other eligible energy resources and making appropriate recommendations based upon deliberate and factual analysis and study;
d. Minimizing the cost for complying with any portion of this subchapter based upon deliberate and factual analysis and study;
e. Establishing revenue certainty for appropriate investment in renewable energy technologies, including, but not limited to, consideration of long-term contracts and auction mechanisms;
f. Establishing mechanisms to maximize in-state renewable energy generation and local manufacturing;
g. Ensuring that residential, commercial, and utility scale photovoltaic and solar thermal systems of various sizes, including community-owned energy generating facilities, are financially viable and cost-effective investments in Delaware; and
h. Evaluating Offshore Wind Contract solicitations, as set forth in paragraph (d)(4) of this section.
(3) The Taskforce shall be formed by October 26, 2010, and be staffed by the Delaware Energy Office. The Taskforce shall make recommendations to the Commission, the Secretary of DNREC, the Board of Directors for rural electric cooperatives, and the pertinent local regulatory authorities on the abovementioned subjects for their consideration. Upon making these recommendations, the Commission, DNREC, the Board of Directors for rural electric cooperatives, or the pertinent local regulatory authorities, as appropriate, shall promulgate rules and regulations, or adopt policies, based on the Taskforce findings.
(4) The Renewable Energy Taskforce shall evaluate Offshore Wind Contract solicitations received from the State Energy Office pursuant to § 8056(d)(4) of Title 29 for consistency with the OSW Solicitation Requirements. The Renewable Energy Taskforce shall, within 60 days, provide to the State Energy Office (i) a recommendation to proceed with the solicitation as presented or (ii) recommendations on improvements to the solicitation. The State Energy Office shall have sole discretion on whether to incorporate such recommendations into the Offshore Wind Contract solicitation. If the State Energy Office has not received recommendations from the Renewable Energy Taskforce within 60 days, the State Energy Office may proceed with issuing the solicitation.

26 Del. C. § 360

Amended by Laws 2023, ch. 401,s 7, eff. 9/5/2024.
Amended by Laws 2021 , ch. 178, s 2, eff. 9/17/2021.
75 Del. Laws, c. 205, § 1; 77 Del. Laws, c. 131, §§ 6 - 8; 77 Del. Laws, c. 451, § 22.;