Elephant's Graveyard: Bills Seeking to Increase Electricity Supply and Eliminate Needless Expenses Left to Die
September 25, 2026
State of Delaware, House Republican Caucus
A CONTINUING OPINION FEATURE LOOKING AT BILLS SUPPORTED BY HOUSE REPUBLICANS DURING THE 153RD GENERAL ASSEMBLY THAT DID NOT BECOME LAW...BUT PROBABLY SHOULD HAVE.
Several measures sponsored by House and Senate Republicans to lower power costs and increase electricity supply failed to advance in the 153rd General Assembly. Here are examples of some of the proposals and their fates:
Encouraging the Construction of Efficient, New Power Plants
HOUSE BILL 186: State Rep. Kevin Hensley (R-Townsend, Odessa, Port Penn) and State Sen. Brian Pettyjohn (R-Georgetown) sponsored this bipartisan bill to increase power generation in Delaware. It would incentivize the construction and operation of up to three high-efficiency combined-cycle gas turbine generation facilities, with outputs between 100 MW and 500 MW, by creating an Electricity Production Tax Credit (EPTC) and bonus credits.
Two 500 MW plants would provide more than enough electricity to serve every residential dwelling in the state at peak demand.
Combined-cycle gas turbine power plants are a proven technology that can provide significant dispatchable power to meet Delaware’s growing energy needs. These facilities are a foundation of modern energy grids, offering a blend of operational flexibility and lower environmental impacts than most traditional power plants. Rep. Hensley said the proposal would increase cost-effective production within the state. Delaware currently imports most of its electricity, which reduces energy security and adds transmission expenses.
The bill would not require any public expenditure.
STATUS: Died in the House Revenue & Finance Committee. A reworked and improved version of the legislation is expected to be introduced in the upcoming 154th General Assembly.
Curtailing an Ineffective Program Costing Ratepayers Cash
HOUSE BILL 80: The Renewable Portfolio Standard is the percentage of electricity that utilities must source from renewables. This is presently set at 25.5% and will increase annually, topping out at 40% in 2035.
“The thing is, Delaware does not have enough renewable energy to meet the current mandate, let alone the future,” said State Rep. Mike Smith (R-Pike Creek Valley). “But our state allows utilities that can’t hit the mark to buy their way out of it with 'alternative compliance payments' (ACPs)."
In 2025 alone, Delmarva Power customers paid $14.3 million in ACPs—costs that were passed along to ratepayers.
Rep. Smith’s proposal would have rolled back the Renewable Portfolio Standard to 10% and frozen it for 10 years, providing time to build new renewable energy capacity and connect it to the regional grid while giving ratepayers some needed relief.
STATUS: The bill died in the House Natural Resources & Energy Committee after being tabled.
Eliminating the Tax You Didn’t Know You Were Paying
SENATE BILL 65: Delaware belongs to a group of 11 states called the Regional Greenhouse Gas Initiative (RGGI), initially formed to cut carbon dioxide (CO2) emissions from power plants.
In these states, fossil fuel generators must buy “allowances” to emit CO2. These costs are quietly passed along to ratepayers. In 2025, Delaware ratepayers collectively paid an additional $12.3 million in RGGI-imposed costs. Participating states have reduced their annual power sector CO₂ emissions by about 50% since the program's 2005 benchmark year, far exceeding the program's initial goals.
This proposal, sponsored by Sen. Gerald Hocker (R-Ocean View) and State Rep. Bryan Shupe (R-Milford South), would remove Delaware from the Regional Greenhouse Gas Initiative, eliminating the hidden tax it imposes on Delawareans.
Supporters of the bill say Delaware's residential electricity costs are higher than in most states and that continuing Delaware's membership in a program that has already met its objectives is a needless burden on ratepayers. Exiting the program will give Delaware decision-makers more flexibility to pursue prudent energy policies while improving affordability.
STATUS: The bill died after spending more than a year awaiting action in the Senate Environment, Energy & Transportation Committee without receiving a hearing.
