Delaware law requires utilities to put community energy charges and credits on one bill

Delaware-regulated electric utilities must offer consolidated bills for community energy charges and credits. Utilities must offer this billing method to all customer classes, and it must be available to every community energy facility by October 1, 2027. Facilities with a final operating certificate dated on or after September 3, 2026 use consolidated billing by default. Facilities with a certificate dated on or before September 2, 2026 may opt out by sending the utility a written request by October 1, 2028. All facilities must have access to consolidated billing by October 1, 2027. Earlier facilities must submit any opt-out request by October 1, 2028.

Community-owned energy facilities must certify that they meet income-related participation rules. These certifications apply to community-owned energy facilities seeking permission to connect to an electric utility. Facilities with a final operating certificate issued on or before September 2, 2026 must certify that at least 15% of participants meet the stated low-income test. Facilities with a certificate issued on or after September 3, 2026 must certify that at least 15% of their electricity output serves customers meeting the stated low- to moderate-income test. Earlier facilities may choose the newer output-based rule. Facilities must also certify every three years that they meet the applicable income eligibility rules; earlier facilities may elect the low-income criteria described in section 1014(f)(16)e. The certificate date determines which 15% test applies: on or before September 2, 2026, or on or after September 3, 2026. Facilities must also certify every three years that they meet the applicable income rules.

Community energy facilities and subscription coordinators must follow rules for residential subscribers and their savings. These rules apply to residential subscribers to community energy facilities. Residential subscribers may not be required to undergo a credit check or pay an upfront enrollment fee. For projects with a final operating certificate issued on or after September 3, 2026, residential customers must receive at least 10% savings and income-qualified customers at least 20%, after fees. Earlier projects must give residential customers a net discount after fees. The 10% and 20% minimum savings rates apply to projects with a final operating certificate issued on or after September 3, 2026.

Utilities must send collected subscription payments to facilities or subscription coordinators, and the Public Service Commission must set billing rules. These duties apply to utilities regulated by the Delaware Public Service Commission and payments collected through consolidated billing. Payments to subscription coordinators are due within 60 business days of the billing date. The Commission may approve a fee for reasonable billing and technology costs, generally capped at 1% of subscriber bill credits; it may approve a higher fee if it finds that amount just and reasonable. Utilities may also collect up to 0.25% of bill credits for customer arrears, and must return unused money each year. The Commission must set rules for data exchange, billing errors, monthly credits, rollover credits, and showing used and banked credits on bills. Payments to subscription coordinators are due within 60 business days of the billing date. The Commission and utilities must review the fees every two years, and unused arrears funds must be returned annually.