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

The definition of 'large energy use facility' was simplified from a three-part threshold (75 MW at 85% load factor, 100 MW instantaneous, or 30 MW for NAICS 518210) plus aggregation rules and petroleum exemptions, to a single criterion: 30 megawatts or more primarily engaged in NAICS code 518210 services (data centers).

Energy storage was removed as an explicitly listed acceptable clean energy technology. SA 3 allowed energy storage interconnecting in Delaware for storing energy from qualifying resources; the final bill lists only eligible energy resources and nuclear power.

The petroleum/refinery exemption was removed. SA 3 excluded facilities that store, process, refine, or transfer crude petroleum in bulk quantities from the definition and from aggregation. The final bill contains no such exemption.

A new provision in Section 2 (amending Title 26, Section 202) grants the Public Service Commission authority to supervise and regulate electric suppliers as necessary to ensure large energy use facilities do not negatively affect the reliability and affordability of the public electric grid.

Energy sourcing requirements were tightened: SA 3 allowed facilities to produce OR procure generation from in-state, PJM DPL zone, or contiguous transmission zones. The final bill requires facilities to 'produce sufficient power in the state,' eliminating the procurement option and out-of-state generation flexibility.

The 10-year ramp-up plan was simplified. SA 3 required curtailment participation, PJM demand response programs, and backup generation with at least 50% battery storage or clean energy. The final bill only requires a plan to increase in-state production each year, with new generation 'sought out and funded by the large energy use facility or in part by' it.

The binding contract term was changed from 15 years (SA 3) back to 30 years. The insurance bond trigger was narrowed: SA 3 covered failure to meet obligations, termination attempts, bankruptcy, and any violation; the final bill only covers termination attempts or bankruptcy.

SA 3's prohibition on single-cycle or open-cycle power generation as acceptable technology was removed from the final bill.

A new explicit penalty provision requires facilities that fail to produce sufficient renewable energy in a calendar year to pay a penalty determined by the Public Service Commission, sufficient to cover the costs of producing the energy or creating the infrastructure the facility failed to produce.

A new requirement obligates large energy use facilities to pay for any upgrades to transmission and energy delivery required by the facility, as well as new energy generation facilities, as determined by the Public Service Commission.

References to 'the electric utility's regulatory body' throughout SA 3 were replaced with the specific name 'Public Service Commission' in the final bill, providing clearer identification of the responsible agency.