§ 8051 — Short title; declaration of policy

(a) This subchapter shall be known and may be cited as “The Delaware Energy Act.”

(b) The General Assembly finds and declares that:

(1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfare of the citizens of this State and to the sustained growth of the State’s economy;

(2) Planning for Delaware’s energy future is vitally important to Delaware’s economy and all Delawareans;

(3) Developments in the energy sector of the economy are proceeding at a fast pace, and devoting state resources to the energy sector will benefit Delaware’s economy and all Delawareans;

(4) Transforming the delivery of energy to end users and throughout the energy grid is expected to require new programs, oversight, planning, and workforce training;

(5) Shortages of nonrenewable energy resources could threaten the reliable supply of energy in the State;

(6) Inefficient energy consumption leads to increased air pollution from traditional means of producing energy, which may be significantly mitigated by the development of efficiency programs and alternative energy resources;

(7) Growth and inefficient energy usage must be addressed programmatically to continue the social, economic and environmental vitality of the State;

(8) The State must provide for the development of a comprehensive state energy policy which will ensure an adequate, reliable and continuous supply of energy and which is protective of public health and the environment and which promotes our general welfare and economic well-being;

(9) It is in the public interest of the State to evaluate the impact on the transmission system of the offshore wind procurement goals of other states within the PJM region and the potential for procurement of electricity from offshore wind projects by Delaware;

(10) It is in the public interest of the State to evaluate procurement of electricity from offshore wind projects given the potential economic development opportunities of the emerging offshore wind industry, the potential to reduce greenhouse gas emissions and other air pollutants, and the potential for a long-term, large-scale, stable source of electricity for the State; and

(11) The establishment of the State Energy Office is in the public interest and will promote the general welfare by assuring coordinated and efficient management of state energy policy.

(c) It is the purpose and intent of the General Assembly:

(1) To establish the State Energy Office within the Department of Natural Resources and Environmental Control;

(2) To provide for development and maintenance of a comprehensive State Energy Plan;

(3) To provide for the development and maintenance of a state emergency energy shortage contingency plan;

(4) To provide for the development of a state facilities energy management plan;

(5) To reduce, to the maximum extent possible, the environmental consequences of energy generation and use in the State;

(6) To achieve effective management of energy functions within the state government;

(7) To encourage and ensure full and effective public participation in the formulation and implementation of a State Energy Plan.

(8) To provide for the development and implementation of the State’s energy policy and programs in accordance with the State Energy Plan, the Climate Action Plan, and other documents as developed by the Governor’s Energy Advisory Council and adopted by the State Energy Office (“Plans”), giving specific consideration to issues of environmental justice for low- and moderate-income Delawareans as set forth in those Plans;

(9) To support the continuous transition to clean energy, clean transportation, reduced emissions, and energy efficiency use in the State as set forth in the Plans; and

(10) To provide for greater collaboration between federal and state agencies on energy policy matters within the scope of this subchapter.

Legislative History

74 Del. Laws, c. 38, § 1 ; 84 Del. Laws, c. 146, § 1 ; 84 Del. Laws, c. 147, § 1