HB 310 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.

Summary
This Act excludes large energy use facilities from the definition of a qualified facility for purposes of determining eligibility for a tax credit or license fee reduction for the creation of employment and qualified investment in business facilities.
Bill status passed both 4 of 5 stages cleared
Introduction
Mar 2026
Committee Review
Jun 2026
House Passage
Jul 2026
Senate Passage
Jun 2026
Governor
Introduced Mar 5, 2026 Last action Jul 1, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to HB 310 Bill Text · 7 edits
MODERATE
The bill was dramatically simplified from a complex Senate amendment that would have allowed large data centers to qualify for Delaware tax credits if they met detailed clean energy, transmission, and renewable portfolio requirements, to a straightforward exclusion of data centers (30 MW or more under NAICS code 518210) from the definition of 'qualified facility.' The final version removes all conditional pathways for data center eligibility and instead categorically bars them from receiving the tax credit or license fee reduction.
SCOPE

The bill shifted from a conditional framework (data centers could qualify if they met clean energy, PJM transmission zone, and renewable portfolio standards) to a categorical exclusion of data centers from qualified facility status.

Removed the petroleum refinery exemption and its carve-out for new facilities adding unrelated uses after the effective date.

DEFINITION

Removed the multi-threshold definition of 'large energy use facility' that included 75 MW at 85% load factor, 100 MW instantaneous demand, and aggregation rules for multiple facilities.

Added a simplified definition of 'large energy use facility' limited to facilities using 30 MW or more primarily engaged in NAICS code 518210 (data center services).

REQUIREMENT

Removed all clean energy technology requirements including renewable portfolio standard compliance, PJM DPL transmission zone interconnection requirements, and the prohibition on single-cycle or open-cycle generation.

ELIGIBILITY

Modified the 'qualified facility' definition in Section 2010 to explicitly exclude large energy use facilities, making data centers ineligible for the tax credit or license fee reduction.

TECHNICAL

Sponsorship changed from a single Senate sponsor (Sen. Hansen) to a multi-chamber bill with multiple House and Senate co-sponsors, reflecting passage through both chambers.

Floor votes · House May 5, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
10
Key actions
6
Committee
2
Amendments
2
Jul 1, 2026
Lower · Passed
Passed By House. Votes: 26 YES 11 NO 3 NOT VOTING 1 ABSENT
lower
Jun 30, 2026
Upper · Passed
Passed By Senate. Votes: 15 YES 6 NO
upper
Jun 30, 2026
Upper · Passed
Amendment SA 1 to HB 310 - Passed By Senate. Votes: 21 YES
upper
Jun 30, 2026
Upper · Passed
Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 5 On Its Merits
upper
Jun 29, 2026
Introduced
Amendment SA 1 to HB 310 - Introduced and Placed With Bill
lower
May 5, 2026
Introduced
Assigned to Banking, Business, Insurance & Technology Committee in Senate
upper
May 5, 2026
Lower · Passed
Passed By House. Votes: 26 YES 12 NO 3 ABSENT
lower
Mar 25, 2026
Lower · Passed
Reported Out of Committee (Revenue & Finance) in House with 8 On Its Merits
lower
Mar 5, 2026
Introduced
Introduced and Assigned to Revenue & Finance Committee in House
lower
14 primary · 0 co-sponsors

Sponsors