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 multifamily housing developments must have EV charging stations installed. In addition, at least 10% of the total parking spaces at newly constructed multifamily housing 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)
Residential Electric Vehicle (EV) Charger Incentive Requirement
Delaware Sustainable Energy Utility is required to administer a program that provides financial assistance to Delaware residents for the purchase and installation of residential EV chargers. The program must offer increased rebate amounts for low-income applicants. Additional requirements apply.
(Reference House Bill 13, 2024)
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 Fleet Zero Emissions Vehicle (ZEV) Acquisition Requirement
All light-duty and passenger state fleet vehicles must be ZEVs by 2040. To support the state fleet transition to ZEVs, state agencies are required to own and operate increasing volumes of ZEVs every few years, according to the following schedule:
| Year | Fleet ZEV share |
|---|---|
| 2026 | 15% of vehicles must be ZEVs |
| 2029 | 25% of vehicles must be ZEVs |
| 2032 | 50% of vehicles must be ZEVs |
| 2040 | 100% of vehicles must be ZEVs |
For the purpose of this requirement, ZEVs include electric vehicles, hydrogen fuel cell electric vehicles, and plug-in hybrid electric vehicles. Exemptions apply.
(Reference House Bill 9, 2024)
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) Charger Rebates for Multi-Family Dwellings
The Delaware Department of Natural Resources and Environmental Control (DNREC) offers rebates to multi-family dwellings for the purchase and installation of Level 2 EV chargers.
The maximum rebate amount is $3,500 for single-port Level 2 EV chargers and $7,000 for dual-port Level 2 EV chargers. Increased rebate amounts are available for projects in underserved communities. Eligible applicants may receive a maximum of 10 single-port rebates and or five dual-port rebates.
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 or pre-owned EV or PHEV. The following rebate amounts are applicable for vehicles purchased or leased on or after May 1, 2024, and vary based on manufacturer suggested retail price (MSRP):
| Rebate | Vehicle Type and Price |
|---|---|
| $2,500 | New EV with a base MSRP below $40,000 |
| $1,500 | New EV with a base MSRP between $40,000 and $50,000 |
| $1,000 | New PHEV with a base MSRP below $50,000 |
| $2,500 | Pre-owned EV with a purchase price of $40,000 or less |
| $1000 | Pre-owned Plug-in Hybrid Vehicles with a purchase price of $40,000 or less |
Eligible EVs and PHEVs may not have a retail price above $50,000. Eligible applicants include Delaware residents, businesses, organizations, government entities. schools, colleges, and universities. Additional terms and conditions apply. For more information, including application guidelines and participating dealerships, see the DNREC Clean Vehicle Rebate Program website.
Electric Vehicle (EV) and Plug-In Hybrid Electric Vehicle (PHEV) Rebates
The Delaware Department of Natural Resources and Environmental Control (DNREC) offers rebates for the purchase or lease of an EV or PHEV. EVs may receive a rebate of up to $2,500, and PHEVs may receive a rebate of up to $1,000. Individuals may receive a maximum of two rebates. Businesses, non-profit organizations, government entities, educational institutions, and other organizations may receive a maximum of six rebates. For more information, including program eligibility and requirements, see the DNREC Drive Electric website.
(Reference House Bill 12, 2023 and Delaware Revised Statutes 29-80.64)
Medium- and Heavy-Duty (MHD) Emissions Reductions Funding
The Delaware Department of Natural Resources and Environmental Control (DNREC) provides funding for MHD on-road and limited off-road emission reduction projects. This grant program is funded by Delaware’s portion of the Volkswagen (VW) Environmental Mitigation Trust. For more information, including program guidance, application deadlines, and funding availability, see the DNREC VW Mitigation Plan website.
Public, Fleet, and Workplace Electric Vehicle (EV) Charger Rebates
The Delaware Department of Natural Resources and Environmental Control (DNREC) offers rebates of up to $2,500 for single-port Level 2 EV chargers and $5,000 for dual-port Level 2 EV chargers. Eligible entities include businesses, nonprofit organizations, state and local governments, public schools, colleges and universities, and fleets. Qualifying EV chargers must be available for public, fleet, or workplace charging.
Eligible applicants may receive a maximum of 10 single-port rebates or five dual-port rebates. Rebates are available on a first-come, first-serve basis.
For more information, including application guidelines, see the DNREC EV Charging Equipment Rebates website.
Vehicle-to-Grid Energy Credit
Retail electricity customers with at least one grid-integrated electric vehicle (EV) may qualify to receive kilowatt-hour credits for energy discharged to the grid from the EV’s battery at the same rate that the customer pays to charge the battery. A grid-integrated EV is defined as a battery-powered motor vehicle that has the ability for two-way power flow between the vehicle and the electric grid as well as communications hardware and software that allow for external control of battery charging and discharging.
(Reference Delaware Code Title 26, Chapter 10, Section 1001 and 1014h)
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