Bill Commons

DE SB 242

in committee

AN ACT TO AMEND CHAPTER 78, VOLUME 85 OF THE LAWS OF DELAWARE ENTITLED “AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES AND UTILITY RATES.”

Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper

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Quick answers

Did DE SB 242 pass?

Not yet. DE SB 242 is in committee and has not come to a final vote. Latest recorded action (2026-02-26): Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

What is DE SB 242 about?

Senate Bill No. 59 (Chapter 78, Volume 85 of the Laws of Delaware) was passed by the General Assembly on June 26, 2025, and signed by the Governor on July 16, 2025. Senate Bill No. 59 changed the standard applied by the Public Service Commission ("Commission") when deciding public utility rate cases. The standard applied before the enactment of Senate Bill No. 59 was the “business judgment rule” standard. Senate Bill No. 59 changed the standard applied by the Commission to the “prudence” standard. Forty-eight states in the United States apply the “prudence” standard when setting public utility rates, not the "business judgement rule" standard that has been applied in Delaware. Although Section 3 of Senate Bill No. 59 stated that the Act takes effect on January 1, 2026, following its enactment into law, it was the intent of the General Assembly that the Commission must apply the “prudence" standard retroactively in rate case decisions, where the public utility filed the rate case proceeding with the Commission during the period from the date of enactment of the legislation on July 16, 2025, through December 31, 2025. The “prudence” standard does not apply to any rate case proceeding filed by a public utility with the Commission before July 16, 2025.

Who sponsors DE SB 242?

Brian Pettyjohn, Marie Pinkney, Spiros Mantzavinos and 13 others are the primary sponsors of DE SB 242, joined by 12 cosponsors.

Description

Senate Bill No. 59 (Chapter 78, Volume 85 of the Laws of Delaware) was passed by the General Assembly on June 26, 2025, and signed by the Governor on July 16, 2025. Senate Bill No. 59 changed the standard applied by the Public Service Commission ("Commission") when deciding public utility rate cases. The standard applied before the enactment of Senate Bill No. 59 was the “business judgment rule” standard. Senate Bill No. 59 changed the standard applied by the Commission to the “prudence” standard. Forty-eight states in the United States apply the “prudence” standard when setting public utility rates, not the "business judgement rule" standard that has been applied in Delaware. Although Section 3 of Senate Bill No. 59 stated that the Act takes effect on January 1, 2026, following its enactment into law, it was the intent of the General Assembly that the Commission must apply the “prudence" standard retroactively in rate case decisions, where the public utility filed the rate case proceeding with the Commission during the period from the date of enactment of the legislation on July 16, 2025, through December 31, 2025. The “prudence” standard does not apply to any rate case proceeding filed by a public utility with the Commission before July 16, 2025.

Introduced
2026-02-26
Latest action
2026-02-26 — Introduced and Assigned to Environment, Energy & Transportation Committee in Senate
Bill type
bill
Last updated
—

Sponsors

  • Brian Pettyjohnprimary
  • Marie Pinkneyprimary
  • Spiros Mantzavinosprimary
  • Bryant L. Richardsonprimary
  • John "Jack" Walshprimary
  • David P. Sokolaprimary
  • Ray Seigfriedprimary
  • Claire Snyder-Hallprimary
  • Franklin D. Cookeprimary
  • Nicole Pooreprimary
  • Eric Morrisonprimary
  • Russell Huxtableprimary
  • Bryan Townsendprimary
  • Stephanie L. Hansenprimary
  • Debra Heffernanprimary
  • Krista Griffithprimary
  • Eric Bucksoncosponsor
  • Kyra L. Hoffnercosponsor
  • Russell Huxtablecosponsor
  • Nicole Poorecosponsor
  • Ray Seigfriedcosponsor
  • David P. Sokolacosponsor
  • John "Jack" Walshcosponsor
  • Frank Burnscosponsor
  • Larry Lambertcosponsor
  • DeShanna U Nealcosponsor
  • Claire Snyder-Hallcosponsor
  • Kimberly Williamscosponsor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-02-26

    Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

    introduction,referral-committee

Versions

Documents

Votes

Not provided by source.

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_api_sync, retrieved 2026-10-24T19:41:58.107551Z

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