Delaware2025Passed Legislature
SA2TOHS1FORHB233
Senate Amendment to House Bill No. 233 on Large Energy Use Facilities
Last scannedAug 24, 2026, 10:01 AM
In one sentence
This amendment combines previous changes and updates rules for large energy users by refining definitions, exempting certain petroleum facilities, limiting new requirements to state-regulated utilities, and setting conditions for service contracts.
What it does
- Updates the definition of a 'large energy use facility' to include sites using at least 30 megawatts that provide specific data center services under code 518210.
- Exempts bulk petroleum storage and processing facilities from being classified as large energy use facilities unless they add unrelated uses after this law takes effect.
- Limits new rules in section 203G of Title 26 to apply only to electric utilities regulated by the state Commission.
- Requires a transmission rate on file with the Federal Energy Regulatory Commission for these facilities to receive retail service.
- Directs the Commission to create regulations and standard contract language for agreements between large energy users and utilities.
Who it affects
- Facilities that use or can use high amounts of electricity, such as those meeting specific megawatt thresholds including data centers.
- Bulk petroleum facilities that store, process, refine, or transfer crude oil and products in bulk quantities.
- Electric utilities regulated by the state Commission.
Limits and unknowns
- The official effective date of this law is not listed in the provided text.
- Specific details on how multiple facilities are aggregated depend on determinations by utilities or regulators regarding reliability risks based on proximity and ownership.
- Certain positive factors for evaluating projects, such as matching state emissions targets, rely on decisions made by the State Energy Office.
Plain language
Terms to know
- Large energy use facility
- A site using at least 75 megawatts monthly with an 85% load factor, or 100 megawatts instantaneous demand, or 30 megawatts for specific data services.
- Commission-regulated electric utility
- An electricity provider overseen by the state regulatory Commission.
- ESA
- A contract between a large energy user and an electric utility covering service terms, costs, and risk management.
Official record
Sources
Official summary
This amendment incorporates into a single Senate Amendment the texts of House Amendments Nos.