SB159 • 2025

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

Energy

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Hansen
Last action: 2025-06-30
Official status: Signed 6/30/25
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

What This Bill Does

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.
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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Snyder-Hall

Passed 6/30/25

Plain English: This amendment adds a provision to Senate Bill No. 159 that makes the bill expire on December 31, 2026, but allows certain permits granted under it to remain valid after that date.

Adds a new section stating that the Act will end and no longer be in effect starting January 1, 2027.
Specifies that conditional use permits given or approved before December 31, 2026, will still be valid even after the bill expires.

The amendment does not explain what happens to applications that are pending but not yet granted by December 31, 2026.

SA 1

1 • Hansen

Passed 6/10/25

Plain English: This amendment changes the effective date mentioned in Senate Bill No. 159 from August 8, 2023 to August 3, 2023.

Changes the effective date of certain provisions in Senate Bill No. 159 from August 8, 2023 to August 3, 2023.

Bill History

2025-06-30 Delaware General Assembly
Amendment HA 1 to SB 159 - Passed In House by Voice Vote
2025-06-30 Delaware General Assembly
Passed By House. Votes: 25 YES 15 NO 1 VACANT
2025-06-30 Delaware General Assembly
Passed By Senate. Votes: 15 YES 6 NO
2025-06-30 Delaware General Assembly
Signed by Governor
2025-06-24 Delaware General Assembly
Reported Out of Committee (Natural Resources & Energy) in House with 4 Favorable, 4 On Its Merits
2025-06-11 Delaware General Assembly
Assigned to Natural Resources & Energy Committee in House
2025-06-10 Delaware General Assembly
Reported Out of Committee (Environment, Energy & Transportation) in Senate with 3 Favorable, 3 On Its Merits
2025-06-10 Delaware General Assembly
Amendment SA 1 to SB 159 - Passed By Senate. Votes: 20 YES 1 ABSENT
2025-06-10 Delaware General Assembly
Passed By Senate. Votes: 15 YES 5 NO 1 ABSENT
2025-06-06 Delaware General Assembly
Amendment SA 1 to SB 159 - Introduced and Placed With Bill
2025-05-21 Delaware General Assembly
Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.
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.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Hansen & Rep. Snyder-Hall & Rep. Burns

Sens. Cruce, Hoffner, Lockman, Paradee, Pinkney, Poore, Seigfried, Sokola, Sturgeon, Townsend, Walsh; Reps. Gorman, Harris, K. Johnson, Lambert, Lynn, S. Moore, Morrison, Neal, Ortega, Osienski, Phillips, Romer, Ross Levin, Wilson-Anton

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 159

AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PUBLIC UTILITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Amend Subchapter I, Chapter 9, Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 910. Conditional use permit for electrical substations.

(a) No county shall deny a conditional use permit to any electrical substation, along with any directly related project infrastructure, proposed to be located on unincorporated land within such county where the following conditions apply:

(1) The substation is being proposed to support the operation of a proposed renewable energy generation project of 250 MW or greater;

(2) The proposed substation would be located in a heavy industrial zone;

(3) An electrical substation is an allowed conditional use within the proposed zone; and

(4) The specific zoning district in which the proposed substation would be located already has an electric substation located in such zone with a rating of 230kv or greater as of August 8, 2023.

Section 2. This Act shall have retroactive effect and any previous application to a county, on or after August 8, 2023, for approval of an electrical substation prior to the enactment of this Act that complies with the provisions of this Act shall be deemed to be approved, notwithstanding any adverse action which a county may have already taken with respect to such application prior to the enactment of this Act. Further, any action on the part of a county to alter the underlying zoning classification applicable to a previously filed application for a conditional use for an electrical substation or otherwise render an application unqualifying by any means, including changing the underlying zoning or zoning code, is prohibited.

SYNOPSIS

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.

Author: Senator Hansen