Delaware Code § 26-363

Special provisions for municipal electric companies and rural electric cooperatives
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(a) Any municipal electric company and any rural electric cooperative may elect to exempt itself from the requirements of this
subchapter, if it develops and implements a comparable program to the renewable energy portfolio standards for its ratepayers beginning
in 2022.
(b) In the event that a municipal electric company or rural electric cooperative elects to exempt itself from the requirements of
this subchapter, it shall submit a plan at the beginning of 2025 to its local regulatory authority, the Delaware General Assembly, and
the Department of Natural Resources and Environmental Control detailing its approach to transitioning to increased renewable energy
purchases, including an evaluation of offshore wind resources and solar resources available in its service territory, and shall set forth a
long-term plan detailing how the entity will contribute to helping the State achieve the carbon reduction goals set forth in Chapter 100
of Title 7. The entity shall submit an annual compliance report to its local regulatory authority, the Delaware General Assembly, and the
Department of Natural Resources and Environmental Control detailing its progress toward yearly targets. If the State Energy Office has
approved an offshore wind contract, the annual compliance report shall detail the reporting entity's status of adoption of the offshore wind
contract. If the reporting entity declined to participate in a solicitation by the State Energy Office for an offshore wind contract in the
reporting period, the reporting entity shall detail in the report the reasons for its failure to participate, identify changes to the solicitation
that would have resulted in its participation, and detail its plans to purchase offshore wind energy through other means, or its plans to
otherwise increase its level of purchases of renewable energy resources.
(c) The Board of Directors for a rural electric cooperative or local regulatory authority of a municipal electric company shall base
renewable energy portfolio standard decisions on the need, value and feasibility of the renewable energy resources pertaining to the
economic and environmental well being of their members. The Board of Directors for a rural electric cooperative or local regulatory
authority of a municipal electric company shall continue to evaluate all renewable energy resources including but not limited to: wind,
including offshore wind, biomass, hydroelectric and solar and submit an annual report to the General Assembly and their membership
as to their determination.
(d) In the event that a municipal electric company or rural electric cooperative elects to exempt itself, it shall either contribute to the
Green Energy Fund at levels commensurate with other retail electricity suppliers or create an independent, self-administered fund separate

from the Green Energy Fund to be used in support of energy efficiency technologies, renewable energy technologies, or demand side
management programs, into which it shall make payments of at least $0.178 for each megawatt-hour it sells, transmits, or distributes
in this State.
(e)-(i) [Repealed.]
(j) In pursuit of their renewable energy goals, a municipal electric company or rural electric cooperative shall receive all appropriate
multiple credits for specific energy sources, as established under §§ 356 and 357 of this title and sited in Delaware for the life of contracts
for renewable energy credits.

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