SPONSOR:	Rep. Kowalko & Sen. Peterson
	Reps. Barbieri, Bennett, Brady, Gilligan, Jaques, J. Johnson, Q. Johnson, Keeley, Lavelle, Manolakos, Mitchell, Mulrooney, Oberle, Plant, Ramone, Schooley, Scott, B. Short, Viola, D.E. Williams, D.P. Williams; Sen. Sokola

HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY

HOUSE BILL NO. 378

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ENERGY EFFICIENCY RESOURCE STANDARDS.

WHEREAS, Decoupled rate design mechanisms may or may not be approved by appropriate regulatory authorities such as the Public Service Commission (PSC); and

WHEREAS, mandating a decoupled design mechanism is not normally within the purview of the General Assembly and a decoupling proposal is normally approved or disapproved by the PSC after public hearings and input from stakeholders and advocates for the public at large; and

WHEREAS, the previously-approved legislation pertaining to decouple rate design mechanisms was not intended to restrict the regulatory authority of the PSC; and

WHEREAS, decoupled rate mechanisms have been rejected in some circumstances after public debate and consideration by regulatory agencies as not being in the best interest of the ratepayers; and

WHEREAS, Senate Amendment No. 2 to Senate Bill No. 106 of the 145th General Assembly has been interpreted to mandate implementation of a decoupled rate design mechanism which is an unintended consequence;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend section §1500, Title 26 of the Delaware Code by striking §1500(8) in its entirety.

SYNOPSIS

This bill strikes §1500(8) of Title 26 of the Delaware Code which has the unintended consequence of mandating a decoupled design mechanism.