DE SB165

Authorizes the Delaware Department of Transportation to enter into use and occupancy agreements with renewable energy developers, owners, and operators to place renewable energy delivery lines underground in state roadway rights-of-way for 30-year terms renewable for additional 5-year periods.

Requires renewable energy delivery lines to be underground only and limited to connections between renewable energy sources and electric utility interconnection points, while prohibiting placement of renewable energy sources themselves or poles in state rights-of-way.

Mandates the Department charge a fair market rental rate for use of state roadway rights-of-way and establish competitively neutral, nondiscriminatory terms that protect public health, safety, and transportation uses.

Establishes a 90-day permit review process for renewable energy delivery line construction, modification, or maintenance based on compliance with public safety, design standards, and applicable codes.

Requires renewable energy owners and operators to provide 60 days' notice before ceasing operations and either remove delivery lines or transfer them to a successor subject to Department approval.