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HB 233·DE·house

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

Passed Both ChambersFiled May 21, 2026
Sponsor: Frank Burns (D)
Latest Action

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

Jul 1, 2026

Summary

The measure updates the state’s energy code to define a large energy use facility as any site using 50 MW (or more) with an 85% load factor or 100 MW instantaneous demand, and it allows multiple nearby facilities to be treated as one. This change targets hyperscale data centers, ensuring they are subject to the same regulatory scrutiny and cost allocation as other large power users, which helps protect residential and small‑business customers from bearing undue electricity costs.

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