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DelawareHB 445153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 26 AND TITLE 29 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES.

Sponsored By: Debra Heffernan (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 2 costs, 0 mixed.

State oversight protects electricity reliability and affordability

Delaware’s Public Service Commission can oversee electric suppliers to prevent covered large facilities from harming grid reliability and affordability. Its supplier oversight is limited to that purpose and implementing retail electricity competition. The law does not establish a direct household payment or guarantee lower electricity bills.

Large data centers must produce Delaware power

The law covers Delaware facilities primarily providing data processing, hosting, or related services under industry code 518210 that use or can use at least 30 megawatts. They must produce enough power in Delaware for their operations, subject to a ramp-up plan. That power must meet Delaware’s renewable energy standards; eligible resources and nuclear power can count toward required shares. Facilities unable to produce enough immediately must submit a plan to the Public Service Commission, increasing production yearly to meet 100% of annual needs within 10 years of starting operations. Before connecting to the public grid, at least 25% of their required in-state generation must be online.

Large data centers pay energy costs

Covered facilities must sign a binding 30-year contract with the Public Service Commission before connecting to the public grid. The contract must include a guaranteed insurance bond payable to Delaware’s General Fund if they try to end it or go bankrupt. Facilities must seek and fully or partly fund required new generation, and pay for required transmission and power-delivery upgrades. The Commission can also charge facilities its related review and management costs. Yearly renewable-power shortfalls, measured against the ramp-up plan when applicable, trigger Commission-set penalties covering missing power or infrastructure costs.

Sponsors & Cosponsors

Sponsor

  • Debra Heffernan

    Democratic • House

Cosponsors

  • Mara Gorman

    Democratic • House

  • Ronald E. Gray

    Republican • House

  • Krista Griffith

    Democratic • House

  • Stephanie L. Hansen

    Democratic • Senate

  • Kyra L. Hoffner

    Democratic • Senate

  • Kendra Johnson

    Democratic • House

  • Larry Lambert

    Democratic • House

  • Melissa Minor-Brown

    Democratic • House

  • Eric Morrison

    Democratic • House

  • Josue O Ortega

    Democratic • House

  • Sophie Phillips

    Democratic • House

  • Marie Pinkney

    Democratic • Senate

  • Cyndie Romer

    Democratic • House

  • Ray Seigfried

    Democratic • Senate

  • Claire Snyder-Hall

    Democratic • House

  • David L. Wilson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 93 • No: 39

House vote • 7/1/2026

Passed (SM required)

Yes: 26 • No: 8

House vote • 7/1/2026

Defeated (SM required)

Yes: 15 • No: 26

Senate vote • 6/30/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/16/2026

Passed (SM required)

Yes: 31 • No: 5

Actions Timeline

  1. Signed by Governor

    8/26/2026Governor

  2. Passed By House. Votes: 26 YES 8 NO 7 NOT VOTING

    7/1/2026House

  3. Defeated By House. Votes: 15 YES 26 NO. Reason Taken: motion to recess to read amendment - HB 445 w HA 1 and SA 3

    7/1/2026House

  4. Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  5. Amendment SA 3 to HB 445 - Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  6. Amendment SA 2 to HB 445 - Stricken in Senate

    6/30/2026Senate

  7. Amendment SA 1 to HB 445 - Stricken in Senate

    6/30/2026Senate

  8. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 3 On Its Merits

    6/30/2026Senate

  9. Amendment SA 3 to HB 445 - Introduced and Placed With Bill

    6/29/2026House

  10. Amendment SA 2 to HB 445 - Introduced and Placed With Bill

    6/23/2026House

  11. Amendment SA 1 to HB 445 - Introduced and Placed With Bill

    6/19/2026House

  12. Assigned to Environment, Energy & Transportation Committee in Senate

    6/16/2026Senate

  13. Passed By House. Votes: 31 YES 5 NO 5 ABSENT

    6/16/2026House

  14. Amendment HA 1 to HB 445 - Passed In House by Voice Vote

    6/16/2026House

  15. Amendment HA 1 to HB 445 - Introduced and Placed With Bill

    6/16/2026House

  16. Reported Out of Committee (Natural Resources & Energy) in House with 1 Favorable, 7 On Its Merits

    6/12/2026House

  17. Introduced and Assigned to Natural Resources & Energy Committee in House

    5/21/2026House

Bill Text

  • Current

    5/21/2026

    HTML

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