CHAPTER 257

FORMERLY

SENATE BILL NO. 281

AN ACT TO MAKE A SUPPLEMENTAL GENERAL FUND APPROPRIATION TO THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL OF EIGHT MILLION DOLLARS FOR THE ENERGY EFFICIENCY PROGRAM.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. There is hereby appropriated $8,000,000 (Eight Million Dollars) in General Funds to the Department of Natural Resources and Environmental Control (“the Department”), Office of the Secretary (40-01-01) for an Energy Efficiency Program pursuant to 29 Del. C. §8057.

Section 2. Of the amount appropriated in Section 1 of this act, $100,000 shall be used to investigate the feasibility of implementing a sustainable energy utility in Delaware. Expenditure of these funds shall not be subject to the provisions of 29 Del. C. Chapter 69.

Section 3. The Secretary of the Department of Natural Resources and Environmental Control shall submit a detailed plan of expenditure for these funds, including projected staffing needs, to the Director of the Office of Management and Budget, the Controller General and the co-chairs of the Joint Finance Committee no later than May 1, 2006 and annually thereafter. It is the intent of the General Assembly that the projected expenditures in said plan be evenly divided between incentives aimed at residential and non-residential electric consumers. Upon approval of said plan and notwithstanding any provisions of the Delaware Code to the contrary, the Secretary of Natural Resources and Environmental Control is hereby authorized to implement the provisions of the plan of expenditure.

Section 4. The Secretary of the Department of Natural Resources and Environmental Control shall submit a cost-benefit analysis estimating energy savings realized as a result of initiatives funded under this Act. Said analysis shall be submitted to the Director of the Office of Management and Budget, the Controller General and the co-chairs of the Joint Finance Committee no later than March 31, 2007 and annually thereafter.

Section 5. This Act shall be known as the Energy Efficiency Financial Incentives Act of 2006.

Approved May 2, 2006