An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities And Utility Rates.
SB 60 amends Delaware’s public utility laws to bar regulated utilities from charging customers for certain non-core expenses. The bill prohibits recovery of costs tied to lobbying, political contributions, and dues or payments to organizations when those funds are used for lobbying or similar advocacy. It also bars utilities from passing through charitable giving expenses and most advertising and public relations costs that are not directly required or authorized by law, regulation, or commission order.
The bill defines the kinds of advertising that cannot be recovered from ratepayers, including brand promotion, efforts to influence public opinion about the utility, and goodwill campaigns. At the same time, it preserves cost recovery for advertising and communications related to required notices, consumer education, income-based service, special rates, pilot programs, energy conservation and efficiency, beneficial electrification, renewable energy, transportation electrification, safety, emergencies, and employment opportunities. The act is severable, so if one part is invalidated the rest can still stand.
SB 60 would change Title 26 of the Delaware Code by adding explicit cost-recovery prohibitions for regulated utilities, limiting what expenses can be included in base rates, riders, or other customer charges. Its practical effect is to protect ratepayers from subsidizing utility political activity, lobbying, charitable donations, and certain branding or public relations campaigns, while leaving intact recovery for authorized consumer-facing and operational communications. The Delaware Public Service Commission would be responsible for ensuring compliance with these restrictions.
The bill appears to have broad bipartisan support and little visible opposition in the voting record. It passed the Senate unanimously on third reading and later passed the House with a substantial majority, then returned to the Senate for final approval with another unanimous vote. The voting pattern suggests general agreement that customer bills should not fund utility lobbying or political spending, while preserving legitimate public-interest communications.
The main policy tension in SB 60 is between consumer protection and utility flexibility. Supporters appear to favor clear limits on ratepayer-funded lobbying, political contributions, charitable giving, and image advertising, arguing these are nonessential and should not be borne by customers. Potential concerns for utilities would center on the breadth of the advertising and public relations restrictions and whether some communications could be difficult to classify, but the bill’s exceptions for safety, service interruptions, authorized programs, and consumer education appear designed to reduce that concern. No committee transcript indicates significant recorded dispute.