Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 7 D · 3 R cosponsors

SB 326 — AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION.

Last action — Signed by Governor

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 18, 2026. Enacted.

Signed by Governor Matt Meyer (Democratic) on July 13, 2026.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 3 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

This bill improves oversight and transparency for public utility rates in Delaware.

The bill enhances customer protections by increasing transparency in utility rates, requiring audits, and limiting certain expenses. It aims to provide fairer rate practices and accountability from public utilities.

What this means for you
  • Workers: {}
  • Families: Families benefit from more stringent oversight on utility spending, helping ensure fairer costs.
  • Consumers: This means consumers may see more transparent and potentially more affordable utility rates.

Summary

This bill builds on the customer protections created in Senate Bill 60 in 2025, as follows: 1. Increases transparency in rates and communications by public utilities. 2. Requires regular management audits of certain public utilities and regulatory accounting reviews with each rate case proceeding. 3. Provides greater consistency in the data used by public utilities in rate case proceedings. 4. Limits how much utilities can collect in interim rates before the Commission has ruled on a rate increase request. 5. Prohibits public utilities from recovering certain expenses from ratepayers. 6. Requires the Commission to provide rationale for its decisions in accepting settlement agreements. 7. Puts limits on Delmarva Power’s infrastructure spending, which is a major driver of rate increases. Delmarva Power is operating its electric distribution system at a level far in excess of reliability standards set by the Commission. In support of its parent company’s strategic goal to increase earnings by increasing rate base, Delmarva Power’s annual capital spending leads to frequent rate increase requests to the Commission. Part of Delmarva Power’s capital spending includes “non-mandatory projects,” which by definition are projects that are not required to maintain system reliability. This bill limits the amount of non-mandatory capital expenses the company may recover from ratepayers in rates and is indexed to the company’s rate base, i.e. the value of all its capital assets. Limiting non-mandatory cost recovery will in no way impact Delmarva Power’s ability to restore service after storms nor impact its vegetation management (tree trimming) program.

Bill Text

What changed in the latest version

183 added · 15 removed

Plain-language change summary

The amendment to SB 326 introduces changes to how and when public utilities must provide updated rate summary tables, specifically altering a deadline to “after” instead of “prior to.” Additionally, it establishes a phased-in cost cap for electric distribution company spending, which limits non-mandatory spending to an average of the company's past five years of spending for 2026 and 2027, and sets a limit of 5% of the rate base thereafter. This matters because it aims to manage utility spending without imposing reliability risks on electric customers.

→
Previous
Latest
Hansen DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Hansen & Rep.
1 TO SENATE BILL NO.
Heffernan & Rep.
326 AMEND Senate Bill No.
Burns & Rep.
326 on lines 57 and 58 by deleting “prior to” as it appears therein and inserting in lieu thereof “after”.
Minor-Brown & Rep.
FURTHER AMEND Senate Bill No.
K.
326 on line 136 by deleting “Each Commission-regulated” as it appears therein and inserting in lieu thereof “Unless otherwise ordered by the Commission, each Commission-regulated”.
Williams Sen.
FURTHER AMEND Senate Bill No.
Seigfried;
326 on line 137 by deleting “excess of” as it appears therein and inserting in lieu thereof “excess of:
Reps.
for years 2026 and 2027, $70,000,000.00;
Griffith, Lambert, Phillips, Romer DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.
and for year 2028 and continuing thereafter,”.
326 AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE PUBLIC SERVICE COMMISSION.
SYNOPSIS This amendment changes the date by which a utility must provide updated rate summary tables.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
This amendment also implements a phased in cost cap for the electric distribution company cost cap so as not to impose a reliability risk to electric customers, limiting non-mandatory spending in 2026 and 2027 to an average of the amount that the company has spent in this category for the last 5 years, and to 5% of rate base thereafter.
Section 1.
Amend Chapter 2, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 207.
Access Audits and access to, inspection and examination of utility’s property, records, etc.
(a) The Commission, by or through its members or duly authorized representatives, shall at all times have access to and the right to inspect and examine any and all books, accounts, records, memoranda, property, plant, facilities and equipment of public utilities.
Every public utility shall furnish to the Commission, within such reasonable time as the Commission may order, any information with respect to its books, accounts, records, memoranda, property, plant, facilities, equipment, service, and operations, which the Commission may require in aid of any inspection, examination, inquiry, investigation, or hearing, or in aid of any determination of the value of its property, or any portion thereof, including copies of accounts, records, books, maps, inventories, appraisals, valuations, contracts, reports of engineers, and other data, records and papers;
and shall grant to all authorized agents of the Commission access to its premises, property, plant, facilities and equipment and its books, accounts, records and memoranda when requested to.
(b) Management audits of public utilities under the jurisdiction of the Commission.
(1) The Commission shall provide for management audits of any Commission-regulated electric distribution company.
The management audits shall include an examination of management effectiveness and operating efficiency.
Management audits shall be conducted at least once every five years unless the Commission finds that a specific management audit is unnecessary.
A summary of all management audits prepared pursuant to this subsection shall be made public and a complete copy of the audit shall be provided to Commission Staff and the Division of the Public Advocate.
(2) The Commission may require a management audit under this subsection to be performed by one or more independent audit or consulting firms (“contracting firm”).
In such case, the Commission, after consultation with the public utility and the Division of the Public Advocate, shall select the contracting firm and require the SD :
FJM :
ALW Page 1 of 6 Released:
05/18/2026 07:14 PM public utility to enter into a contract with the contracting firm.
The terms of the contract shall include payment of the contracting firm by the public utility of all reasonable expenses directly related to the performance of the contract, as well as their preparation and presentation of reports and testimony in any contested litigation which may be undertaken as a result of the audit.
The contract shall require the contracting firm to work under the direction of the Commission.
Neither the public utility, Commission staff, the Division of the Public Advocate, nor any entity other than the contracting firm shall have editorial control over or input into the contracting firm’s findings and recommendations, provided, however, that the public utility shall be provided reasonable opportunity to review the findings and recommendations prior to the findings and recommendations becoming final and to comment on any material misstatements the public utility believes exist in the findings and recommendations, and shall be entitled to request that any trade secret, commercial or financial information, or other privileged or confidential information that would be excluded from disclosure under Delaware law or regulations, including the Delaware Freedom of Information Act, 29 Del.
C.
10001, et seq., be redacted from any public version of the findings and recommendations.
Costs for management audits shall not be recoverable in customer rates.
Section 2.
Amend Chapter 3, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 301.
Rate schedule and rate classifications.
(f) Rate Transparency.
(1) Each public utility shall prepare, maintain, and file with the Commission for approval, for each customer class it serves, a Rate Summary Table for each rate class showing the total effective rate and itemizing each rate element including each base rate element;
Show all 148 changed rows (108 more)
Previous
Latest
each transmission and supply element;
and each rider, surcharge, and adjustment mechanism, including, statutory charges, Distribution System Improvement Charge, and any other Commission approved rider or surcharge.
(2) Each component in the Rate Summary Table shall be displayed numerically, using the same units in which the customer is billed.
Beginning September 1, 2027, Commission regulated electric utilities shall bill standard offer service customers transmission charges in the same monthly billing determinants as distribution rates.
(3) The Rate Summary Table shall include a schedule that identifies the components of rates that change on a predictable schedule (for example, rates that change annually) and the cadence of such change during the calendar year.
(4) The Commission may reject or require revisions to any Rate Summary Table that it deems SD :
FJM :
ALW Page 2 of 6 Released:
05/18/2026 07:14 PM incomplete, inaccurate, or inconsistent with approved rates.
(5) The public utility shall include the Rate Summary Table in the public utility’s tariff as a separate, clearly labeled section, post the Rate Summary Table for each customer class in an easily accessible location on its website, include the Rate Summary Table for that customer class in its customer bills, and file with the Commission and update in each of the foregoing locations an updated Rate Summary Table at least 30 days prior to the effective date of any change to any component of its rates.
§ 301A.
Plain Language Standard.
In all public facing and customer communications and any submissions to the Commission, public utilities, Commission Staff, and the Division of the Public Advocate should use clear and plain language to the maximum extent possible.
Technical terms, abbreviations, and other technical nomenclature should be avoided wherever possible.
Where technical language is necessary for specificity, it should be used only to the minimum degree necessary and shall be explained in the simplest form possible.
§ 302.
Determination of rate base.
(a) The Commission may, from time to time, ascertain and determine the rate base of any public utility whenever, in the judgment of the Commission, it is necessary so to do for the purpose of carrying out this chapter, and in making such determination the Commission may have access to and use any books, documents, or records in the possession of any department, board, commission or agency of this State or any political subdivision thereof.
In ascertaining and determining the rate base, the Commission may determine every fact, matter, or thing which, in its judgment, does or may have any bearing thereon.
For electric and natural gas distribution companies the Commission shall use the average year rate base method.
§ 304.
Rate changes;
notice.
(a) Unless the Commission otherwise orders, no public utility shall make any change in any existing rate except after 60 days notice to the Commission, which notice shall plainly state the changes proposed to be made in the rates then in force and the time when the changes will go into effect, and for changes to base rates, shall include the test period and test year applicable for the request.
All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection.
Public notice of all proposed changes shall be given in a form and manner set by the Public Utilities Commission.
The Commission, for good cause shown, may allow changes in rates without requiring the 60-days’ notice and/or public notice under such conditions as it may prescribe.
All such changes shall be immediately indicated upon its schedules by such public utility.
SD :
FJM :
ALW Page 3 of 6 Released:
05/18/2026 07:14 PM 82 (b) In prescribing conditions for rate changes, the Commission is specifically authorized and empowered to conduct proceedings in which it limits the number or type of issues it will consider in determining whether or not to permit or allow such changes.
The Commission may adopt or change regulations to govern such limited issue rate proceedings.
(c) As part of any base rate change filing, a public utility may be subject to a regulatory accounting review of transactions included on the public utility’s books and records for ratemaking purposes, including transactions to and from affiliated companies to ensure transactions and other accounting entries are required only for the provision of regulated utility service.
The regulatory accounting review may be conducted by staff for the Commission or such expert as selected by staff for the Commission.
The regulatory accounting review may begin immediately upon the filing of the notice required by this section.
The results of the regulatory accounting review shall be provided to all parties in the proceeding.
A public utility shall not be subject to an accounting review as described in this section if there was a previous regulatory accounting review covering the same test year as proposed in the rate change filing.
§ 306.
Effective date of rate change;
refund bond.
(a) The Commission, upon the filing of a petition for a proposed change to any rate, may within 60 days after said filing:
(1) Suspend the operation of such rate change for a period not to exceed 7 months after said filing;
provided, however, that if the Commission has not reached its decision within said 7 months after filing, the public utility may place their 50% of the increase in proposed new rate as compared to the existing rate into effect, and 75% after 12 months, under bond in accordance with subsection (b) of this section;
section.
(2) Determine that a portion of such change shall become effective not later than 60 90 days after the filing of the petition on a temporary basis pending the final decision of the Commission.
(b) Upon On or after the termination of the 7 months as set forth in paragraph (a)(1) of this section 50% of the proposed rate change, and 75% after 12 months, shall automatically become effective if the public utility files with the Commission a bond in a reasonable amount approved by the Commission with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons entitled thereto of the amount of the excess, if the rate so put into effect is finally determined to be excessive;
or there may be substituted for such bond other arrangements satisfactory to the Commission for the protection of the parties interested.
In no event shall a public utility put a rate into effect under bond as authorized in this subsection that would constitute an increase in excess of 15 percent 15% of the public utility’s gross intrastate operating revenues.
(c) Notwithstanding subsections (a) and (b) of this section, 60 90 days after said filing, a public utility may put a rate into effect under bond as authorized in subsection (b) of this section, provided that the increase does not constitute an SD :
FJM :
ALW Page 4 of 6 Released:
05/18/2026 07:14 PM increase in excess of 15 percent 15% of the public utility’s annual gross intrastate operating revenues or $2,500,000 annually, whichever is less.
This subsection shall not apply to any proposed rate change sought by a public utility under regulations adopted pursuant to § 304(b) of this title.
§ 316.
Cost recovery prohibitions.
(a) The Commission shall ensure that all regulated utilities do not use customer funds to subsidize nonregulated activities.
(b) A public utility shall not recover the following costs from its customers, whether as part of proposed base rate costs, a rider, or other charges:
(6) For any public utility with more than 25,000 customers, expenses related to distribution rate case proceedings for attorneys’ fees and fees to engage external expert witnesses or consultants incurred after the filing date that exceed the combined amount spent by Commission staff and the Division of the Public Advocate on attorneys’ fees and fees to engage external expert witnesses or consultants.
Section 3.
Amend Chapter 5, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 512.
Settlements are to be encouraged.
(d) All Orders issued by the Commission shall contain adequate support and rationale for any conclusions made by the Commission, including specific facts and factors on which the conclusions are based.
This includes an explanation and a discussion of major elements of the settlement when issuing an order accepting or denying certain settlement agreements.
Section 4.
Amend Chapter 10, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1008.
Duties of electric distribution companies.
(a) Each electric distribution company shall maintain its facilities and provide products and services which are safe, efficient, sufficient, adequate, and reliable.
Each electric distribution company shall implement procedures to require all electric suppliers to deliver energy to the electric distribution company at locations and in amounts which are adequate to meet each supplier’s obligations to its customers.
Each Commission-regulated electric distribution company shall not recover in rates annual non-mandatory capital spending in excess of 5% of its rate base approved in its most recent base rate case.
For purposes of this section, non-mandatory capital spending shall mean all capital spending by the electric distribution company, except spending:
(1) On its vegetation management program.
(2) On its inspection and maintenance program.
SD :
FJM :
ALW Page 5 of 6 Released:
05/18/2026 07:14 PM (3) Related to new business and new customer requirements.
(4) On facility relocations.
(5) On required statutory and regulatory requirements.
(6) On emergency failures.
Section 5.
This Act is severable.
If a provision of this Act or the application of this Act to a person or circumstance is held invalid, the invalidity does not affect the provisions or applications of this Act that can be given effect without the invalid provision or application.
SYNOPSIS This bill builds on the customer protections created in Senate Bill 60 in 2025, as follows:
1.
Increases transparency in rates and communications by public utilities.
2.
Requires regular management audits of certain public utilities and regulatory accounting reviews with each rate case proceeding.
3.
Provides greater consistency in the data used by public utilities in rate case proceedings.
4.
Limits how much utilities can collect in interim rates before the Commission has ruled on a rate increase request.
5.
Prohibits public utilities from recovering certain expenses from ratepayers.
6.
Requires the Commission to provide rationale for its decisions in accepting settlement agreements.
7.
Puts limits on Delmarva Power’s infrastructure spending, which is a major driver of rate increases.
Delmarva Power is operating its electric distribution system at a level far in excess of reliability standards set by the Commission.
In support of its parent company’s strategic goal to increase earnings by increasing rate base, Delmarva Power’s annual capital spending leads to frequent rate increase requests to the Commission.
Part of Delmarva Power’s capital spending includes “non-mandatory projects,” which by definition are projects that are not required to maintain system reliability.
This bill limits the amount of non-mandatory capital expenses the company may recover from ratepayers in rates and is indexed to the company’s rate base, i.e.
the value of all its capital assets.
Limiting non-mandatory cost recovery will in no way impact Delmarva Power’s ability to restore service after storms nor impact its vegetation management (tree trimming) program.
ALW Page 1 of 1 Released:
ALW Page 6 of 6 Released:
06/08/2026 10:52 AM 2711530282
05/18/2026 07:14 PM 2711530215
⬇ Download PDF
View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 30 YES 11 NO

  3. Amendment HA 1 to SB 326 - Stricken in House

  4. Reported Out of Committee (Natural Resources & Energy) in House with 8 On Its Merits

  5. Amendment HA 1 to SB 326 - Introduced and Placed With Bill

  6. Assigned to Natural Resources & Energy Committee in House

  7. Passed By Senate. Votes: 20 YES 1 NO

  8. Amendment SA 1 to SB 326 - Passed By Senate. Votes: 20 YES 1 NOT VOTING

  9. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 1 Favorable, 4 On Its Merits

  10. Amendment SA 1 to SB 326 - Introduced and Placed With Bill

  11. Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

10 sponsors · 0 co-sponsors · 52 not signed on · 12 voted No

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 30 Yea · 11 Nay
Party YeaNayPresentNot Voting
Democratic 27000
Republican 31100
Total 301100
% of votes cast 73%27%0%0%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

SM

Passed 20 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 5100
Total 20100
% of votes cast 95%5%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

public-safety finance housing energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 326 do?
This bill builds on the customer protections created in Senate Bill 60 in 2025, as follows: 1. Increases transparency in rates and communications by public utilities. 2. Requires regular management audits of certain public utilities and regulatory accounting reviews with each rate case proceeding. 3. Provides greater consistency in the data used by public utilities in rate case proceedings. 4. Limits how much utilities can collect in interim rates before the Commission has ruled on a rate increase request. 5. Prohibits public utilities from recovering certain expenses from ratepayers. 6. Requires the Commission to provide rationale for its decisions in accepting settlement agreements. 7. Puts limits on Delmarva Power’s infrastructure spending, which is a major driver of rate increases. Delmarva Power is operating its electric distribution system at a level far in excess of reliability standards set by the Commission. In support of its parent company’s strategic goal to increase earnings by increasing rate base, Delmarva Power’s annual capital spending leads to frequent rate increase requests to the Commission. Part of Delmarva Power’s capital spending includes “non-mandatory projects,” which by definition are projects that are not required to maintain system reliability. This bill limits the amount of non-mandatory capital expenses the company may recover from ratepayers in rates and is indexed to the company’s rate base, i.e. the value of all its capital assets. Limiting non-mandatory cost recovery will in no way impact Delmarva Power’s ability to restore service after storms nor impact its vegetation management (tree trimming) program.
Who sponsors SB 326?
SB 326 is sponsored by Cyndie Romer (Democratic), David L. Wilson (Republican), Spiros Mantzavinos (Democratic), Nicole Poore (Democratic), Ray Seigfried (Democratic), Brian Pettyjohn (Republican), Trey Paradee (Democratic), Bryant L. Richardson (Republican), Russell Huxtable (Democratic), and Stephanie L. Hansen (Democratic).
What is the current status of SB 326?
This bill has been enacted into law. Introduced May 18, 2026. Enacted.
Where can I track SB 326?
Track SB 326 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 326

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 326

Last checked for changes about 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →