# Delaware HS 1 for HB 233: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. Delaware HS 1 for HB 233, AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES., is a 153rd General Assembly (2024–2026) House bill sponsored by Frank Burns (Democratic); status signed, last action 2026-08-26 (Signed by Governor); PRIA reads it as touching household money (as of 2026-10-12). - Canonical: https://policyrisk.com/state-bill/DE-HS1FORHB233-153 - As of: 2026-10-12 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Delaware HS 1 for HB 233 - State: Delaware - Session: 153rd General Assembly (2024–2026) - Title: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES. - Status: signed - Chamber: House - Introduced: 2026-05-21 - Last action: 2026-08-26, Signed by Governor - Sponsor: Frank Burns (Democratic) - Cosponsors: 15 - Touches household money: yes - Roll calls: 3 (67 yes, 23 no in all) - Economic provisions PRIA read: 8 ## Summary No summary available. ## Bill overview: provisions PRIA read - Large facilities need approved power agreements: cost, low. Large energy facilities cannot start operating without an approved electric service agreement and a transmission agreement with their regulated utility. The Public Service Commission must also approve their connection and separate rate schedule before service begins. Utilities must establish the re… - Large facilities owe long-term minimum payments: cost, low. Large-facility agreements must last at least 10 years after the demand ramp-up and at least 15 years overall. Ramp-up cannot exceed five years and must include interim demand levels. Agreements require minimum distribution payments based on projected use or at least 90% of agreed peak capacity; sim… - Large facilities pay shared energy charges: cost, low. Large energy facilities must pay $0.000190 per kilowatt-hour toward Delaware’s Low-Income Charge. They must also pay $0.000712 per kilowatt-hour to the Green Energy Fund. Both charges appear in their rates, and the Commission can increase them for future large facilities. Their rates must include a… - Large-load costs bring protections and credits: mixed, low. Large facilities must cover costs tied to their service, including connections, capacity, transmission, studies, power-price effects, and grid reliability backstop purchases. Costs that cannot be assigned directly go to the large-facility class rather than other customers, to the extent required an… - Large electricity users face new thresholds: mixed, low. A facility qualifies under the new rules at actual or projected monthly maximum demand of at least 50 megawatts with an 85% load factor. It also qualifies at monthly maximum instantaneous demand of at least 100 megawatts. Related facilities can be counted together based on location, ownership or co… - Large facilities face deeper grid reviews: mixed, low. Applicants must report power sources, transmission needs, backup power, curtailment plans, expected lifespan, and studies of electricity costs and reliability. The Commission reviews cost protection, reliability, public health and safety, project viability, local labor, prevailing wages, and commun… - Large facilities face targeted power cuts: mixed, low. Large facilities must accept interruptible power for PJM curtailment duties assigned to the DPL Zone. For loads connected after December 31, 2026, utilities must establish plans for power cuts before or during emergencies, where feasible and safe. Plans prioritize noncritical large-facility loads b… - Large facilities must secure unpaid costs: mixed, low. Facilities seeking new or changed service must provide financial security covering assigned costs throughout the electric service agreement and until investments are recovered. This protects existing utility customers from those costs. A separate transmission security agreement requires bonds, lett… ## Sponsors and cosponsors - Sponsor: Frank Burns (Democratic), House - Cosponsor: Mara Gorman (Democratic), House - Cosponsor: Krista Griffith (Democratic), House - Cosponsor: Stephanie L. Hansen (Democratic), Senate - Cosponsor: Kerri Evelyn Harris (Democratic), House - Cosponsor: Debra Heffernan (Democratic), House - Cosponsor: Larry Lambert (Democratic), House - Cosponsor: Melissa Minor-Brown (Democratic), House - Cosponsor: Eric Morrison (Democratic), House - Cosponsor: Josue O Ortega (Democratic), House - Cosponsor: Sophie Phillips (Democratic), House - Cosponsor: Cyndie Romer (Democratic), House - Cosponsor: Sherae'a Moore (Democratic), House - Cosponsor: Ray Seigfried (Democratic), Senate - Cosponsor: Claire Snyder-Hall (Democratic), House - Cosponsor: Laura V. Sturgeon (Democratic), Senate ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2026-07-01 | House | Passed (SM required) | pass | 27 | 8 | | | 2026-06-30 | Senate | Passed (SM required) | pass | 15 | 6 | | | 2026-06-16 | House | Passed (SM required) | pass | 25 | 9 | | ## Actions (20) - 2026-08-26: Signed by Governor (Governor) - 2026-07-01: Passed By House. Votes: 27 YES 8 NO 6 NOT VOTING (House) - 2026-06-30: Passed By Senate. Votes: 15 YES 6 NO (Senate) - 2026-06-30: Amendment SA 2 to HS 1 - Passed By Senate. Votes: 20 YES 1 NO (Senate) - 2026-06-30: Amendment SA 1 to HS 1 - Stricken in Senate (Senate) - 2026-06-30: Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 3 On Its Merits (Senate) - 2026-06-29: Amendment SA 2 to HS 1 - Introduced and Placed With Bill (House) - 2026-06-23: Amendment SA 1 to HS 1 - Introduced and Placed With Bill (House) - 2026-06-16: Assigned to Environment, Energy & Transportation Committee in Senate (Senate) - 2026-06-16: Passed By House. Votes: 25 YES 9 NO 2 NOT VOTING 5 ABSENT (House) - 2026-06-16: Amendment HA 3 to HS 1 - Passed By House. Votes: 33 YES 2 NO 2 NOT VOTING 4 ABSENT (House) - 2026-06-16: Amendment HA 3 to HS 1 - Introduced and Placed With Bill (House) - 2026-06-16: Amendment HA 2 to HS 1 - Stricken in House (House) - 2026-06-16: Amendment HA 2 to HS 1 - Introduced and Placed With Bill (House) - 2026-06-16: Amendment HA 1 to HS 1 - Passed By House. Votes: 26 YES 3 NO 9 NOT VOTING 3 ABSENT (House) - 2026-06-16: Roll Call on Motion to Table HS 1 for HB 233 - Defeated by House Vote: 16 YES 20 NO 5 ABSENT (House) - 2026-06-16: Amendment HA 1 to HA 1 - Passed In House by Voice Vote (House) - 2026-06-16: Amendment HA 1 to HA 1 - Introduced and Placed With Bill (House) - 2026-06-16: Amendment HA 1 to HS 1 - Introduced and Placed With Bill (House) - 2026-05-21: was introduced and adopted in lieu of HB 233 (House) ## Bill text - Current, 2026-05-21: [HTML](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143381&legislationTypeId=6&docTypeId=2) ## Related bills - HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITIONIST LICENSURE ACT. (passed house) - HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO SUPPORT POOR PERSONS. (signed) - SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATIONAL THERAPISTS. (vetoed) - HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLIC UTILITY CONSUMERS. (vetoed) - SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS. (vetoed) - HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING FOAM AND EQUIPMENT. (failed) ## Sources - [Current (HTML)](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=143381&legislationTypeId=6&docTypeId=2) ## Related - [HS 1 for HB 449: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DIETITIAN/NUTRITI…](https://policyrisk.com/state-bill/DE-HS1FORHB449-153) - [HB 357: AN ACT TO AMEND TITLES 10 AND 13 OF THE DELAWARE CODE RELATING TO THE DUTY TO S…](https://policyrisk.com/state-bill/DE-HB357-153) - [SB 279: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL-BASED OCCUPATI…](https://policyrisk.com/state-bill/DE-SB279-153) - [HB 393: AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PROTECTIONS FOR PUBLI…](https://policyrisk.com/state-bill/DE-HB393-153) - [SB 231: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL SOCIAL WORKERS.](https://policyrisk.com/state-bill/DE-SB231-153) - [HB 356: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PFAS IN FIREFIGHTING…](https://policyrisk.com/state-bill/DE-HB356-153) - [Delaware bills](https://policyrisk.com/states/delaware/bills) - [Delaware state hub](https://policyrisk.com/states/delaware) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/DE-HS1FORHB233-153 (as of 2026-10-12).