Electricity Laws and Incentives in Delaware
The list below contains summaries of all Delaware laws and incentives related to electricity.
Laws and Regulations
Climate Action Plan
The Delaware Department of Natural Resources and Environmental Control (DNREC) released the Delaware Climate Action Plan(Plan) with strategies and actions the state can take to reduce greenhouse gas (GHG) emissions by 26% to 28% from 2005 levels by 2025. The Plan includes reducing transportation sector GHG emissions by promoting the shift to zero emission vehicles and expanding access to vehicle charging infrastructure. The Plan also recommends a goal of 17,000 electric vehicle sales per year by 2030. For more information, see the DNREC Climate Action Plan page.
Electric Cooperative Investments
Unclaimed electric cooperative capital credits may be used on transportation electrification investments. Credit allocation reports are required annually by January 20.
(Reference Delaware Code Title 26, Chapter 9, Subchapter I, Section 909)
Electric School Bus Acquisition Requirement
Beginning July 1, 2025, the Delaware Department of Education (DOE) must purchase an increasing share of electric school buses with annual school bus acquisitions. Electric school bus acquisitions must increase according to the following schedule:
Fiscal Year (FY) | Percentage of school bus purchases that must be electric |
---|---|
FY 2025 | 5% |
FY 2026 | 10% |
FY 2027 | 15% |
FY 2028 | 20% |
FY 2029 | 25% |
FY 2030 | 30% |
DOE must report on these targets annually to the Clerk of the House of Representatives, the Secretary of the Senate, the Director of the Division of Research, and the Public Archives. By January 31, 2030, DOE must submit a report detailing recommendations for future changes in the percentage targets for electric school bus purchases.
(Reference House Bill 10, 2023 and Delaware Revised Statutes 29-80.63)
Electric Vehicle (EV) Charging Station Building Standards for Residential Developments
Beginning January 1, 2024, new construction of single-family homes must include at least one EV-capable parking spot.
Beginning January 1, 2025, at least 5% of total parking spaces at newly constructed multi-unit dwellings (MUDs) must have EV charging stations installed. In addition, at least 10% of the total parking spaces at newly constructed MUDs must be EV-capable.
EV-capable parking spaces have electric panel capacity and space for a branch circuit that enables the future installation of EV charging stations. Additional restrictions apply.
(Reference Senate Bill 103, 2023 and Delaware Code Title 16, Chapter 80)
Electric Vehicle (EV) Charging Station Local Permitting Policies
Municipalities with a population of more than 30,000 people must have a permitting procedure for the installation of curbside residential EV charging stations. The ordinance must
- Require EV charging station installation is completed by a licensed electrician;
- Require the written permission of the owner of the property on which the EV charging station will be installed;
- Establish reasonable restrictions on the type of EV charging stations that may be installed;
- Provide that the municipality must approve or deny a permit within 90 days of receipt of a permit application; and,
- Provide that an EV charging station may not affect a proposed State right-of-way or easement area without approval by the Department of Transportation.
(Reference Senate Bill 187, 2022 and Delaware Administrative Code Title 22, Chapter 1, Section 119)
Public Utility Definition
An entity that owns, operates, controls, or manages a facility that supplies electricity to the public exclusively to charge plug-in electric vehicles is not defined as a public utility.
(Reference Delaware Public Service Commission 19-0377)
Smart Grid Infrastructure Development
All grid-integrated, plug-in electric vehicles in use by eligible customers must meet applicable safety and performance standards put forth by the National Electric Code, Institute of Electric and Electronic Engineers, UL, and the Society of Automotive Engineers to ensure that net metering customers comply with the electric supplier’s interconnection tariffs and operating guidelines.
(Reference Delaware Code Title 26, Chapter 10, Section 1014e)
State Incentives
Delaware's National Electric Vehicle Infrastructure (NEVI) Planning
The U.S. Department of Transportation’s (DOT) NEVI Formula Program requires the Delaware Department of Transportation (DelDOT) to submit an annual EV Infrastructure Deployment Plan (Plan) to the DOT and U.S. Department of Energy (DOE) Joint Office of Energy and Transportation (Joint Office), describing how the state intends to distribute NEVI funds. The submitted plans must be established according to NEVI guidance.
For more information about Delaware’s NEVI planning process, see the DelDOT Delaware’s Vehicle Electrification Future website. To review Delaware’s NEVI plan, see the Joint Office State Plans for EV Charging website.
Electric Vehicle (EV) Charging Station Rebates
As part of the Clean Transportation Incentive Program, the Delaware Department of Natural Resources and Environmental Control (DNREC) offers Delaware businesses, non-profit organizations, state and local governments, and fleets rebates of up to $2,500 per port for the purchase of Level 2 EV charging stations for use at public, workplace, and fleet locations. Rebates are available for up to 60% commercial project costs and up to 80% of government and non-profit project costs. Rebates are available on a first-come, first-served basis. For more information, including application guidelines, see the DNREC EV Charging Equipment Rebates website.
Electric Vehicle (EV) Charging Station Rebates for Multi-Unit Dwellings (MUDs)
As part of the Clean Transportation Incentive Program, the Delaware Department of Natural Resources and Environmental Control (DNREC) offers new and existing MUDs rebates of up to $3,500 for the purchase of Level 2 EV charging stations. Existing MUDs are also eligible to receive rebates for the cost to install the EV charging stations. Increased rebate amounts are available for projects in underserved communities. Rebates are available per port and on a first-come, first-served basis. Additional terms and conditions apply. For more information, including underserved communities and application guidelines, see the DNREC EV Charging Equipment Rebates website.
Electric Vehicle (EV) and Plug-In Hybrid Electric Vehicle (PHEV) Rebates
As part of the Delaware Clean Transportation Incentive Program, the Delaware Department of Natural Resources and Environmental Control (DNREC) offers rebates for the purchase or lease of a new EV or PHEV. The following rebate amounts are applicable for vehicles purchased or leased on or after May 1, 2023:
Qualifying Vehicles | Rebate Amount |
---|---|
Electric vehicle (EV) | $2,500 |
Plug-in hybrid electric vehicle (PHEV) | $1,000 |