HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 — Large Energy Use Facilities/Rate Class
Last action — Signed
-
✓Introduced
-
✓In Committee
-
✓Passed House
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced September 02, 2026. Enacted.
Signed by Governor Matt Meyer (Democratic) on September 02, 2026.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
1 sponsor
1 primary, 0 co-sponsors signed on.
-
Single-party support
Sponsorship is currently within one party (1 D).
-
Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
In plain language
The Act creates a separate rate class for large energy use facilities to manage costs and protect other customers.
This Act requires utilities to create a distinct rate class for large energy users, aiming to prevent cost burdens on residential and small business customers. It mandates that costs related to infrastructure and reliability should primarily be assigned to these large facilities, ensuring fair cost allocation and protection for other customer classes.
What this means for you
- Families: You may benefit from reduced pressure on utility rates due to the separate billing class for large energy users.
- Consumers: This means you may face less risk of increased utility costs due to large energy facilities.
- Small Business: This helps protect you from potential cost shifts associated with the high energy demands of large facilities.
Summary
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.
Bill Text
We don't have the full text on file for this bill yet.
Read HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 on the official Delaware source →Action History
-
Signed
Sponsors
- Frank Burns · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 61 not signed on · 16 voted No
Sponsors (1)
- Frank Burns Democratic
Co-sponsors (0)
None.
Not signed on (61)
61 members have not signed on to this bill.
Show all 61 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 27 | 0 | 0 | 0 |
| Republican | 0 | 8 | 0 | 6 |
| Total | 27 | 8 | 0 | 6 |
| % of votes cast | 66% | 20% | 0% | 15% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Yea |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Not Voting |
| Charles S Postles Jr. | Republican | Not Voting |
| Daniel B. Short | Republican | Not Voting |
| Jeff Hilovsky | Republican | Nay |
| Jeffrey N. Spiegelman | Republican | Not Voting |
| Jesse R. Vanderwende | Republican | Nay |
| Kevin S Hensley | Republican | Not Voting |
| Lyndon D. Yearick | Republican | Nay |
| Michael F. Smith | Republican | Not Voting |
| Richard G. Collins | Republican | Nay |
| Ronald E. Gray | Republican | Nay |
| Shannon Morris | Republican | Nay |
| Timothy D. Dukes | Republican | Nay |
| Valerie Jones Giltner | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 15 | 6 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Eric Buckson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 25 | 0 | 0 | 2 |
| Republican | 0 | 9 | 0 | 5 |
| Total | 25 | 9 | 0 | 7 |
| % of votes cast | 61% | 22% | 0% | 17% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Not Voting |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Not Voting |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Yea |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Nay |
| Charles S Postles Jr. | Republican | Not Voting |
| Daniel B. Short | Republican | Nay |
| Jeff Hilovsky | Republican | Not Voting |
| Jeffrey N. Spiegelman | Republican | Not Voting |
| Jesse R. Vanderwende | Republican | Nay |
| Kevin S Hensley | Republican | Not Voting |
| Lyndon D. Yearick | Republican | Nay |
| Michael F. Smith | Republican | Not Voting |
| Richard G. Collins | Republican | Nay |
| Ronald E. Gray | Republican | Nay |
| Shannon Morris | Republican | Nay |
| Timothy D. Dukes | Republican | Nay |
| Valerie Jones Giltner | Republican | Nay |
Subjects
Frequently asked questions
- What does HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 do?
- 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 HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2?
- HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 is sponsored by Frank Burns (Democratic).
- What is the current status of HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2?
- This bill has been enacted into law. Introduced September 02, 2026. Enacted.
- Where can I track HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2?
- Track HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 + SA 2
Last checked for changes about 1 month ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →