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Bills to regulate large load energy users, like data centers, head to governor

Delaware's legislative hall in Dover.
Bente Bouthier
/
Delaware Public Media
Delaware's legislative hall is located in Dover. Delaware’s legislative body met for the first time separately from Pennsylvania at the town of New Castle on May 22, 1704.

On the last day of legislative session, Delaware lawmakers passed a group of bills that stand to set major policy for the state to regulate large energy users– with eyes on data centers.

The bills' senate sponsor, State Sen. Stephanie Hansen said the three measures work together to protect residents from steep hikes in energy costs by creating standards for large energy users.

One keeps new large load energy users from applying for state tax incentives. The other two more directly address how to mitigate large load users' impact, including one that requires them to go through the public service commission for approval.

House Bill 445 is the "bring your own generation" bill she said, which explains "what that needs to look like" and "where (energy) needs to come from."

Then HB 233, "sets in place the framework for our state, what we require in order from large energy users in the state."

Hansen argued getting regulations in place is urgent as more data centers come online nationwide, but several lawmakers, including Senator Jack Walsh, disagreed. He said, concerning data centers, Delaware should wait and "bring players together to make sure we've captured everything."

Hansen noted the bills exempt for existing facilities like the Delaware City Refinery that store and work with petroleum.

Another significant environmental regulation with Hansen's name on it also made it through the General Assembly in its last hours of the 153rd session– SB 9.

It creates regulations for thousands of acres of freshwater wetlands, after federal roll backs in 2023.

The bill creates a regulatory advisory committee, which will be tasked with assigning levels of protection and permitting processes for the wetlands during a year long process.

Once the advisory committee's work is done, permits and rules will be enforced by the state.

The three energy carrier bills and wetland legislation now head Governor Meyer, and mostly take effect upon signature.

Before joining DPM, Bente worked in Indiana's network of NPR/PBS stations for six years, where she contributed daily and feature assignments across politics, housing, substance use, and immigration. Her favorite part of her job is talking on the phone with people about the issues they want to see in the news.
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