Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
2000 - Division of Climate, Coastal and Energy
2103 - Regulations for the Green Energy Fund
Section 2103-5.0 - Green Energy Endowment Program

Universal Citation: 7 DE Admin Code 2103-5.0

Current through Register Vol. 28, No. 3, September 1, 2024

5.1 General Provisions

5.1.1 All grants made under the Green Energy Endowment Program are on a first-come first-served basis.

5.1.2 Under no circumstances will the Department issue grants for land acquisition in association with any project proposed in the Green Energy Endowment Program.

5.2 Eligibility. The Delaware Green Energy Endowment Program is available to DP&L electric customers that are contributing to the Green Energy Fund or persons in Delaware receiving services from a non-regulated electric supplier which is contributing to the Green Energy Fund. All eligible equipment and products must be installed in Delaware.

5.3 Grant Application Process. Customers and participating contractors applying for any grant for a renewable energy project must submit the Green Energy Endowment Program grant application to the Department within one year of the qualifying system being placed in service. The Department may, at its discretion, extend this deadline for extenuating circumstances. The participating contractor and customer are fully responsible for ensuring that all required forms and documentation have been submitted and the system meets all program requirements and deadlines. The Department may make an inspection of the systems before authorizing grant payment. Applicants must submit the following information as part one of their application to the Department:

5.3.1 Completed grant application form signed by both the customer and the participating contractor.

5.3.2 The type of qualifying system.

5.3.3 Copy of project estimate, purchase order, or letter of intent.

5.3.4 Copy of the customer's most recent DP&L electric bill or a bill from a non-regulated electric supplier which is contributing to the Green Energy Fund.

5.3.5 Plot plan illustrating geothermal loop and well, wind turbine, or solar module location. Roof-mounted solar projects will include the following:
5.3.5.1 Location of collectors or modules on roof.

5.3.5.2 Location of any roof-mounted or building-mounted equipment.

5.3.5.3 Orientation and tilt of array or collectors.

5.3.5.4 Area of shading on property that affects system performance.

5.3.6 Detailed system design and a predicted performance calculation, including estimated annual kWh savings, verified by a professional engineer.

5.3.7 Required energy audit report
5.3.7.1 Residential applicants must submit a copy of a home performance with Energy Star audit, conducted by a building performance institute or equivalent certification program trained professional.

5.3.7.2 Commercial and residential new construction applicants must submit evidence of Energy Star Certification or an equivalent third-party green building certification.

5.4 Evaluation of Grant Application

5.4.1 On receipt of part one of the grant application and supporting documents, the Department will evaluate the application for its compliance with the requirements set forth in subsection 5.3.

5.4.2 Once part one of a residential grant application is deemed complete, the Department will reserve the funds for the project for six (6) months from the date the application is deemed complete. For non-residential applications that have completed part one of the application, the Department will reserve funds twelve (12) months from the date the application is deemed complete.

5.4.3 Since all grants are reserved on a first come-first served basis, viable projects that are not completed within the required time will be placed at the end of the queue and issued an extension of six (6) months from the date of the expired reservation for residential applicants and twelve (12) months from the date of expired reservation for non-residential applicants. To be considered for a reservation extension, the Department will require a project status and summary in writing fourteen (14) business days before the expiration of the original reservation.

5.5 Green Energy Endowment Program Renewable Energy Grant Application Part Two

5.5.1 After installation, the customer or participating contractor must submit the following to the Department:
5.5.1.1 Completed confirmation and claim form signed by both the customer and participating contractor.

5.5.1.2 Copy of electrical, plumbing or building inspection.

5.5.1.3 Copy of completed and approved DP&L Interconnection Agreement (photovoltaic and wind) or similar document from a non-regulated electric supplier which is contributing to the Green Energy Fund.

5.5.1.4 Copy of final sales invoice (invoice must include actual price paid, itemized list of components, labor, permit fees, method of payment, and verification that the system has been paid in full.)

5.5.1.5 Geothermal well permit including all conditions pages.

5.5.1.6 Photographs of the installed equipment.

5.5.1.7 Copy of verification of completion of installation signed by both the customer and participating contractor.

5.5.2 On receipt of part two of the grant application and all final documentation pertaining to the project as noted in subsection 5.5.1, the Department will evaluate part two of the grant application and the required accompanying documents for consideration of grant approval. The participating contractor and customer are fully responsible for ensuring that all forms and documentation have been supplied and the system meets all program requirements. The Department may make an inspection of the systems before final grant approval.

5.5.3 The Department will approve the grant within 30 days of receipt of part two of the application and all supporting documentation. The Department will ordinarily process the payment to the purchaser, however, if the purchaser so requests in writing and documentation reflects the grant value was reduced directly from the purchase price, the Department will process the payment to the retailer or installing contractor.

5.6 Green Energy Endowment Program Participating Contractor Guidelines

5.6.1 Participating Contractor Application. Contractors installing qualifying photovoltaic, solar water heating, geothermal heat pumps, or small wind turbines must complete the Department's participating contractor application before applying for a grant from the Green Energy Endowment Program. The application will consist of the following:
5.6.1.1 Name of company and key contact information.

5.6.1.2 Brief history and organizational structure of company.

5.6.1.3 Education and experience.

5.6.1.4 General liability and statutory worker's compensation.

5.6.1.5 Statement of reliability and good standing.

5.6.1.6 Copy of Delaware business license.

5.6.1.7 Copy of Delaware professional license.

5.6.2 Education and Licensure. Participating contractors shall maintain appropriate education and licenses to ensure that only professionally designed systems are installed within the Program. The participating contractor must maintain a Delaware business license and professional license.

5.6.3 Insurance Requirements. The participating contractor and anyone acting under its direction or control or on its behalf shall at its own expense procure and maintain in full force at all times Commercial General Liability Insurance with a bodily injury and property damage combined single limit of liability of at least $1 million for any occurrence.

5.6.4 Statement of Reliability and Good Standing. The participating contractor must be reliable and in good standing with a "Satisfactory Record" (or no negative reports) with the Better Business Bureau. The participating contractor shall provide a copy of their Better Business Bureau report to the Department on request.

5.6.5 Participating Contractor Removal or Suspension
5.6.5.1 The Department reserves the right to suspend or revoke any contractor's participation in the Green Energy Endowment Program participating contractor list for:
5.6.5.1.1 Poor workmanship as demonstrated through failed inspections (for example, installing severely under-performing systems; installing systems that pose serious safety issues; installing systems that have National Electric Code violations; or installing systems without following the manufacturer's specifications);

5.6.5.1.2 Receipt by the Department of a judicial determination of fraud on part of the contractor;

5.6.5.1.3 Failing to complete at least one Green Energy Endowment Program project each calendar year or;

5.6.5.1.4 Failing to provide applicants with documentation needed to complete the grant application, or failing to advise applicants of all relevant Green Energy Fund programs.

5.6.5.2 In addition to suspension or revocation of inclusion in the participating contractor list, or as a condition before reinstatement of a contractor to the list, the Department may require pending applicant complaints to be resolved to the Department's satisfaction and may require additional training or retraining for current employees.

5.6.5.3 Contractors may apply to DNREC for reinstatement to be on the list. Eligibility for reinstatement will be determined by the reason for initial removal from the participating contractor's list and whether the contractor has taken necessary corrective action as determined by the Department.

5.6.6 Limitation of Funds. The Program funds are limited. The participating contractor shall follow program guidelines to ensure reservation of funds before installing a qualifying system.

5.6.7 Owner's Manual. Contractors are required to provide each Program participant with an owner's manual.

5.7 Renewable Energy Project Warranty. All qualifying systems receiving a Green Energy Endowment Program grant must have a full 5-year warranty against component failure, malfunction and premature output degradation. The warranty must cover all components for which the program incentive is granted and cover the full cost of repair and replacement of all components of the system. For professionally installed systems, the warranty must cover the labor to remove and replace defective components and systems.

5.8 Green Energy Endowment Program. Renewable energy project equipment must meet the following standards:

5.8.1 Photovoltaic Systems
5.8.1.1 Grant Limits. The Delaware Green Energy Endowment Program offers grants for grid-connected photovoltaic systems installed by qualified contractors and customers up to 50% of the total installed costs. Grant maximums are set by the Department, in consultation with the Sustainable Energy Utility Oversight Board, and may be changed periodically in response to market conditions.

5.8.1.2 Accepted Products and Equipment
5.8.1.2.1 Grid-connected
5.8.1.2.1.1 All photovoltaic modules must be certified by a nationally recognized testing laboratory as meeting the requirements of the most recent version of Underwriters Laboratory Standard 1703.

5.8.1.2.1.2 All interconnected systems must be designed and installed to follow the National Electric Code (NEC).

5.8.1.3 Array Orientation and Tilt. All projects should have an orientation between 90°and 270°. The Department has the discretion to accept projects with an azimuth greater than 270° but no more than 280° and projects less than 90° but no less than 80°, if a solar shade analysis demonstrates an acceptable Total Solar Resource Fraction percentage according to subsection 5.8.1.4

5.8.1.4 Array Shading. The installing participating contractor is responsible for ensuring that the system is free from shading. The installing participating contractor shall perform a solar shade analysis to ensure the array meets the minimum daily sunshine requirements. Results of the solar shade analysis must determine that the solar array has a total solar resource fraction of 70% or greater. The Department may request a solar shade analysis report for any project. Any arrays that do not meet the minimum total solar resource fraction threshold will be ineligible for Green Energy Endowment Program funding.

5.8.2 Solar Water Heating
5.8.2.1 Grant Limits
5.8.2.1.1 The Delaware Green Energy Endowment Program offers grants for solar water heating systems installed by qualified contractors and customers up to 50% of the total installed cost. Grant maximums are set by the Department, in consultation with the Sustainable Energy Utility Oversight Board, and may be changed periodically in response to market conditions.

5.8.2.1.2 Solar water heating systems integrated into a radiant heating application are eligible for a grant up to 50% of the installed cost of the solar energy portion of the system.

5.8.2.2 Accepted Products and Equipment. A solar water heating system must be designed to reduce or eliminate the need for electric or gas heated water.

5.8.2.3 Collector Orientation. All projects should have an orientation between 90° and 270°. The Department has the discretion to accept projects with an azimuth greater than 270° but no more than 280° and projects less than 90° but no less than 80°, if a solar shade analysis demonstrates an acceptable total solar resource fraction percentage according to subsection 5.8.2.4.

5.8.2.4 Collector Shading. The installing participating contractor is responsible for ensuring that the system is free from shading. The installing participating contractor shall perform a "Solar Shade Analysis" to ensure the array meets the minimum daily sunshine requirements. Results of the solar shade analysis must determine that the solar array has a total solar resource fraction of 70% or greater. The Department may request a solar shade analysis report for any project. Any arrays that do not meet the minimum total solar resource fraction threshold will be ineligible for Green Energy Endowment Program funding.

5.8.3 Small Wind Turbines
5.8.3.1 Grant Limits. The Delaware Green Energy Endowment Program offers incentives up to 50% of the total installed cost for small grid-connected wind turbines installed by a qualified contractor for a qualified customer. Grant maximums are set by the Department, in consultation with the Sustainable Energy Utility Oversight Board, and may be changed periodically in response to market conditions.

5.8.3.2 Capacity Limits
5.8.3.2.1 Qualifying wind turbine systems must be 500 watts or larger.

5.8.3.2.2 The Department may reject applications if the location of the proposed wind turbine system has an inadequate wind resource for reasonable utilization of the equipment as recommended by the turbine manufacturer. The Department may require additional evidence of feasibility before approving the grant reservation.

5.8.3.3 Accepted Products and Equipment. Qualifying wind turbine systems must be interconnected with the electrical grid and receive approval to operate from Delmarva Power or a non-regulated electric supplier that is contributing to the Green Energy Fund.
5.8.3.3.1 Grid-connected.

All grid interconnected systems must be designed and installed to comply with the National Electric Code (NEC) and must pass inspection.

5.8.4 Geothermal Heat Pump Systems
5.8.4.1 Grant Limits. The Delaware Green Energy Endowment Program offers grants up to 50% of the project cost for geothermal heat pump systems installed by qualified contractors and customers. Grant maximums are set by the Department, in consultation with the Sustainable Energy Utility Oversight Board, and may be changed periodically in response to market conditions.

5.8.4.2 Accepted Products and Equipment. Participating contractors shall complete a calculation to determine the proper size of the equipment and all qualifying systems must have a warranty for protection of the integrity and performance of the system for at least five years.

5.9 The Department is authorized to develop program standards and procedures to administer the Green Energy Endowment Program.

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