Bill Commons

DE HB 233

enacted

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

Delaware · 2025-2026 Regular Session (153rd General Assembly) · lower

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Quick answers

Did DE HB 233 pass?

Yes. DE HB 233 has been enacted into law. Latest recorded action (2026-08-26): Signed by Governor

What is DE HB 233 about?

This Act requires regulated utilities to establish a separate rate class for large energy use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. Wherever possible, the costs of large energy use facilities should be directly assigned to those facilities, and where direct assignment is not possible, the costs should be allocated to the class of large energy use facilities and not to other customer classes. To accomplish this, the Act sets forth minimum requirements for Electric Service Agreements (ESAs) and Transmission Security Agreement (TSAs) to be in place for any large energy use facility. The Commission shall promulgate regulations to implement these agreements. ESAs shall be reviewed and approved by the Commission prior to the interconnection of a large energy use facility and provide a regulatory framework to enable responsible developers of large energy use facilities to enter into agreements to fairly allocate costs among customer classes. The Public Service Commission will consider several factors in determining whether to approve an ESA, including consistency with the Commission’s regulations; whether the ESA and tariff ensure that all costs attributable to the large energy use facility are assigned to the class of large energy use facilities; whether other customers are adequately protected from the risk of paying stranded asset costs; the impact of the large energy use facility on delivering safe, adequate, and reliability electricity; the impact on the State, including the economy, other ratepayers, and environmental impacts; and the viability of the developer of the facility. In combination, the ESAs and the large load tariff shall ensure that, wherever possible, distribution infrastructure investment costs, capacity procurement costs, reliability backstop procurement costs, transmission infrastructure costs, and study costs attributable to a large energy use facility are all directly assigned to that large energy use facility. Where direct assignment is not possible, these costs should be allocated to the class of large energy use customers. The Commission shall develop an “incremental cost test” to measure the revenues and costs from a large energy use facility to ensure that there are not cost shifts to other customers. The Act further establishes interruptability requirements for large energy use facilities to ensure other customers are protected from reliability impacts caused by large energy use facilities. Facilities that construct or cause to be constructed new in state generation may exempt themselves from interruptability. Finally, the Act requires large energy use facilities to contribute to the low income fund and green energy fund at higher rates than other customers and requires large energy use facilities to contribute to renewable portfolio standard costs and qualified fuel cell provider costs. The Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date.

Who sponsors DE HB 233?

Ray Seigfried, Laura V. Sturgeon, Josue O Ortega and 16 others are the primary sponsors of DE HB 233, joined by 12 cosponsors.

Description

This Act requires regulated utilities to establish a separate rate class for large energy use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. Wherever possible, the costs of large energy use facilities should be directly assigned to those facilities, and where direct assignment is not possible, the costs should be allocated to the class of large energy use facilities and not to other customer classes. To accomplish this, the Act sets forth minimum requirements for Electric Service Agreements (ESAs) and Transmission Security Agreement (TSAs) to be in place for any large energy use facility. The Commission shall promulgate regulations to implement these agreements. ESAs shall be reviewed and approved by the Commission prior to the interconnection of a large energy use facility and provide a regulatory framework to enable responsible developers of large energy use facilities to enter into agreements to fairly allocate costs among customer classes. The Public Service Commission will consider several factors in determining whether to approve an ESA, including consistency with the Commission’s regulations; whether the ESA and tariff ensure that all costs attributable to the large energy use facility are assigned to the class of large energy use facilities; whether other customers are adequately protected from the risk of paying stranded asset costs; the impact of the large energy use facility on delivering safe, adequate, and reliability electricity; the impact on the State, including the economy, other ratepayers, and environmental impacts; and the viability of the developer of the facility. In combination, the ESAs and the large load tariff shall ensure that, wherever possible, distribution infrastructure investment costs, capacity procurement costs, reliability backstop procurement costs, transmission infrastructure costs, and study costs attributable to a large energy use facility are all directly assigned to that large energy use facility. Where direct assignment is not possible, these costs should be allocated to the class of large energy use customers. The Commission shall develop an “incremental cost test” to measure the revenues and costs from a large energy use facility to ensure that there are not cost shifts to other customers. The Act further establishes interruptability requirements for large energy use facilities to ensure other customers are protected from reliability impacts caused by large energy use facilities. Facilities that construct or cause to be constructed new in state generation may exempt themselves from interruptability. Finally, the Act requires large energy use facilities to contribute to the low income fund and green energy fund at higher rates than other customers and requires large energy use facilities to contribute to renewable portfolio standard costs and qualified fuel cell provider costs. The Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date.

Introduced
2026-05-21
Latest action
2026-08-26 — Signed by Governor
Bill type
bill
Last updated
—

Sponsors

  • Ray Seigfriedprimary
  • Laura V. Sturgeonprimary
  • Josue O Ortegaprimary
  • Kerri Evelyn Harrisprimary
  • Spiros Mantzavinosprimary
  • Eric Morrisonprimary
  • David P. Sokolaprimary
  • Nicole Pooreprimary
  • Claire Snyder-Hallprimary
  • Cyndie Romerprimary
  • David L. Wilsonprimary
  • Mara Gormanprimary
  • Melanie Ross Levinprimary
  • Trey Paradeeprimary
  • Russell Huxtableprimary
  • Frank Burnsprimary
  • Debra Heffernanprimary
  • Melissa Minor-Brownprimary
  • Stephanie L. Hansenprimary
  • Mara Gormancosponsor
  • Sophie Phillipscosponsor
  • Cyndie Romercosponsor
  • Claire Snyder-Hallcosponsor
  • Krista Griffithcosponsor
  • Sherae'a Moorecosponsor
  • Eric Morrisoncosponsor
  • Larry Lambertcosponsor
  • Kerri Evelyn Harriscosponsor
  • Josue O Ortegacosponsor
  • Laura V. Sturgeoncosponsor
  • Ray Seigfriedcosponsor

Committees

Not provided by source.

Action timeline

Newest first

  1. 2026-08-26

    Signed by Governor

    executive-signature

  2. 2026-07-01

    Passed By House. Votes: 27 YES 8 NO 6 NOT VOTING

    passage

  3. 2026-06-30

    Passed By Senate. Votes: 15 YES 6 NO

    passage

  4. 2026-06-30

    Amendment SA 2 to HS 1 - Passed By Senate. Votes: 20 YES 1 NO

    amendment-passage

  5. 2026-06-30

    Amendment SA 1 to HS 1 - Stricken in Senate

  6. 2026-06-30

    Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 3 On Its Merits

    committee-passage,committee-passage-favorable

  7. 2026-06-29

    Amendment SA 2 to HS 1 - Introduced and Placed With Bill

    amendment-introduction

  8. 2026-06-23

    Amendment SA 1 to HS 1 - Introduced and Placed With Bill

    amendment-introduction

  9. 2026-06-16

    Assigned to Environment, Energy & Transportation Committee in Senate

    introduction,referral-committee

  10. 2026-06-16

    Passed By House. Votes: 25 YES 9 NO 2 NOT VOTING 5 ABSENT

    passage

  11. 2026-06-16

    Amendment HA 3 to HS 1 - Passed By House. Votes: 33 YES 2 NO 2 NOT VOTING 4 ABSENT

    amendment-passage

  12. 2026-06-16

    Amendment HA 3 to HS 1 - Introduced and Placed With Bill

    amendment-introduction

  13. 2026-06-16

    Amendment HA 2 to HS 1 - Stricken in House

  14. 2026-06-16

    Amendment HA 2 to HS 1 - Introduced and Placed With Bill

    amendment-introduction

  15. 2026-06-16

    Amendment HA 1 to HS 1 - Passed By House. Votes: 26 YES 3 NO 9 NOT VOTING 3 ABSENT

    amendment-passage

  16. 2026-06-16

    Roll Call on Motion to Table HS 1 for HB 233 - Defeated by House Vote: 16 YES 20 NO 5 ABSENT

  17. 2026-06-16

    Amendment HA 1 to HA 1 - Passed In House by Voice Vote

    amendment-passage

  18. 2026-06-16

    Amendment HA 1 to HA 1 - Introduced and Placed With Bill

    amendment-introduction

  19. 2026-06-16

    Amendment HA 1 to HS 1 - Introduced and Placed With Bill

    amendment-introduction

  20. 2026-05-21

    was introduced and adopted in lieu of HB 233

    introduction

Versions

Documents

Votes

  • SM

    2026-06-16 · pass · 25-9

    Member-level votes (41)
    • Alonna Berry: yes
    • Stephanie T. Bolden: yes
    • Frank Burns: yes
    • William Bush: yes
    • William J. Carson: yes
    • Nnamdi O. Chukwuocha: yes
    • Richard G. Collins: no
    • Franklin D. Cooke: yes
    • Daniel B. Short: no
    • Timothy D. Dukes: no
    • Mara Gorman: yes
    • Ronald E. Gray: no
    • Krista Griffith: yes
    • Kerri Evelyn Harris: yes
    • Debra Heffernan: yes
    • Kevin S Hensley: other
    • Jeff Hilovsky: other
    • Valerie Jones Giltner: no
    • Kendra Johnson: yes
    • Kimberly Williams: yes
    • Kamela T Smith: yes
    • Larry Lambert: yes
    • Sean M. Lynn: yes
    • Michael F. Smith: other
    • Melissa Minor-Brown: yes
    • Shannon Morris: no
    • Eric Morrison: yes
    • DeShanna U Neal: yes
    • Josue O Ortega: other
    • Edward S. Osienski: other
    • Sophie Phillips: yes
    • Charles S Postles Jr.: other
    • Cyndie Romer: yes
    • Melanie Ross Levin: yes
    • Sherae'a Moore: yes
    • Bryan W. Shupe: no
    • Claire Snyder-Hall: yes
    • Jeffrey N. Spiegelman: other
    • Jesse R. Vanderwende: no
    • Madinah Wilson-Anton: yes
    • Lyndon D. Yearick: no
  • SM

    2026-06-30 · pass · 15-6

    Member-level votes (21)
    • Darius J. Brown: yes
    • Eric Buckson: no
    • Daniel Cruce: yes
    • Stephanie L. Hansen: yes
    • Gerald W. Hocker: no
    • Kyra L. Hoffner: yes
    • Russell Huxtable: yes
    • Dave G. Lawson: no
    • S. Elizabeth Lockman: yes
    • Spiros Mantzavinos: yes
    • Trey Paradee: yes
    • Brian Pettyjohn: no
    • Marie Pinkney: yes
    • Nicole Poore: yes
    • Bryant L. Richardson: no
    • Ray Seigfried: yes
    • David P. Sokola: yes
    • Laura V. Sturgeon: yes
    • Bryan Townsend: yes
    • John "Jack" Walsh: yes
    • David L. Wilson: no
  • SM

    2026-07-01 · pass · 27-8

    Member-level votes (41)
    • Alonna Berry: yes
    • Stephanie T. Bolden: yes
    • Frank Burns: yes
    • William Bush: yes
    • William J. Carson: yes
    • Nnamdi O. Chukwuocha: yes
    • Richard G. Collins: no
    • Franklin D. Cooke: yes
    • Daniel B. Short: other
    • Timothy D. Dukes: no
    • Mara Gorman: yes
    • Ronald E. Gray: no
    • Krista Griffith: yes
    • Kerri Evelyn Harris: yes
    • Debra Heffernan: yes
    • Kevin S Hensley: other
    • Jeff Hilovsky: no
    • Valerie Jones Giltner: no
    • Kendra Johnson: yes
    • Kimberly Williams: yes
    • Kamela T Smith: yes
    • Larry Lambert: yes
    • Sean M. Lynn: yes
    • Michael F. Smith: other
    • Melissa Minor-Brown: yes
    • Shannon Morris: no
    • Eric Morrison: yes
    • DeShanna U Neal: yes
    • Josue O Ortega: yes
    • Edward S. Osienski: yes
    • Sophie Phillips: yes
    • Charles S Postles Jr.: other
    • Cyndie Romer: yes
    • Melanie Ross Levin: yes
    • Sherae'a Moore: yes
    • Bryan W. Shupe: other
    • Claire Snyder-Hall: yes
    • Jeffrey N. Spiegelman: other
    • Jesse R. Vanderwende: no
    • Madinah Wilson-Anton: yes
    • Lyndon D. Yearick: no

Related bills

No related bills recorded for this bill.

Official source

Attribution

Data from openstates_api_sync, retrieved 2026-10-23T12:04:58.884966Z

Inspect retained evidence for changes recorded after evidence tracking began:

Session-wide evidence can include changes to other bills:

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