Energy

This Act imposes a moratorium, through January 31, 2027, on all applications and permits related to the development of large-scale data centers in this State. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or as in this Act, indirectly by a general law.

This Act requires that an electric supplier’s interconnection rules, for purposes of net-metering, align with the most recent version of the Interstate Renewable Energy Council’s Model Interconnection Procedures (Procedures) within 12 months of the Procedures’ latest publishing date.

This House Substitute No. 1 for House Bill No. 50 creates the Delaware Energy Fund to provide assistance to consumers whose household income is less than 350% of the federal poverty level. Under 2025 federal guidelines, 350% of the federal poverty level for a single person is $54,775 and for a family of four is $112,525. The Delaware Energy Fund will be administered by the SEU and recipients of assistance from the fund will also be required to participate in energy savings and efficiency programs. Only one assistance payment may be made per application. The Act also directs the Department of Natural Resources Environmental Control to transfer 30% of the funds generated by alternative compliance payments and solar alternative compliance payments to the Low Income Home Energy Assistance Program. The Substitute also changes existing code language to require, rather than allow, 5% of CO2 allowance proceeds to be directed to the Low Income Home Energy Assistance Program. The Act sunsets 3 years after its enactment.

This Act provides the Public Service Commission with the flexibility to consider and approve a discounted gas or electric residential utility rate for qualified low-income customers, provided the discount is 20% of standard residential distribution rates. This permits low-income customers to receive utility distribution services at a lower cost. A utility offering a discounted low-income rate is responsible for annually determining customer eligibility in cooperation with the Department of Health and Social Services. The Public Service Commission must review any discount rate approved under this Act every five years to determine if the discount rate should be re-authorized.

This Act requires the permitting of an electric substation as an allowed conditional use in a heavy industrial zone under certain conditions set forth in the Act, including that the electrical substation is being constructed to support the operation of a proposed renewable energy generation project of 250 MW or greater. This Act is being given retroactive effect such that, if a county has previously denied an application for an electrical substation that would meet the requirements of this Act, then the application shall be deemed granted provided that the electrical substation meets the requirements of this Act.