SB 170 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 08, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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16 sponsors
16 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (12 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power.
Bill Text
What changed in the latest version
89 added · 24 removed89 line(s) added, 24 removed.
Hansen DELAWARE& STATERep. SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Osienski TO& SENATERep. BILL NO.
170Romer AMEND& SenateSen. Bill No.
170Huxtable by& deletingSen. the sentence beginning on line 50 with the words “The Department shall” and ending on line 52, and by substituting in lieu thereof the following:
“TheWalsh Department& shallSen. consult with the PSC, the DPA, and all electric utilities in Delaware prior to engaging with PJM Interconnection in this analysis and shall provide the results of any such analysis to the PSC, the DPA, and all electric utilities in Delaware.” FURTHER AMEND Senate Bill No.
170Hoffner bySens. deleting the sentence that appears on line 55 beginning with the words “The Department shall” and by substituting in lieu thereof the following:
“TheMantzavinos, DepartmentS. shall report to the PSC, the DPA, and all electric utilities in Delaware on this effort.” FURTHER AMEND Senate Bill No.
170McBride, onSokola, lineSturgeon, 57,Townsend; by adding “, including those” after the word “processes”.
FURTHERReps. AMEND Senate Bill No.
170Baumbach, onBush, lineGriffith, 70,Lambert, byPhillips, deletingWilson-Anton theDELAWARE following:STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
“and170 capacityAN andACT energyTO markets”.AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY.
SYNOPSISWHEREAS, Thisanthropogenic amendmentemissions requires the Department of Naturalgreenhouse Resourcesgases andare Environmentalcontributing Control (DNREC) to consultclimate withchange, allthreatening electric utilities in Delaware, in addition to consulting with the Publichealth Service Commission (PSC) and thewell-being Division of the Publicpeople Advocate (DPA), in the analysis of theDelaware; impacts of offshore wind transmission and procurement by Delaware of electricity from offshore wind projects.
Itand alsoWHEREAS, requiresthe DNRECthreat tothat reportclimate tochange allposes electricto utilitiesDelaware inis Delaware,multi-faceted, resulting in additionsevere toimpacts thesuch PSCas andsea thelevel DPA,rise, aboutdisruption its efforts to consultthe withhydrologic othercycle, statemore energyfrequent officesand inintense statesheatwaves, serveddroughts, byand thestorms; PJM Interconnection to evaluate regional electric transmission cooperation.
Thisand amendmentWHEREAS, alsoDelaware deleteshas the provisionlowest mean elevation of any state in the Billnation thatand mandatesthe thatState DNRECis studyparticularly thevulnerable to related climate change impacts onlike capacitysea andlevel energyrise, marketsflooding, insaltwater theintrusion courseinto ofdrinking thewater, offshoreerosion, windwetland procurementloss, process.beach loss, and extreme storm events;
and WHEREAS, offshore wind power represents a significant opportunity for large scale renewable energy power for Delaware, reducing harmful emissions from power generation;
and WHEREAS, other Atlantic states have contracted for power from offshore wind facilities and the contract prices for the electricity from Atlantic offshore wind have fallen significantly over time;
and WHEREAS, any contract for Delaware offshore wind development should ensure cost-effective projects from qualified, experienced developers;
and WHEREAS, transmission of power from an offshore wind facility is a significant consideration, but careful planning of transmission can increase grid resilience and lessen environmental impacts;
and WHEREAS, the development of an offshore wind facility in waters off the coast of Delaware or adjacent areas is likely to bring additional economic benefits, including business and employment opportunities;
and WHEREAS, careful planning of offshore wind development opportunities, transmission opportunities, and procurement strategies will help ensure the best opportunities for Delaware and all Delawareans.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 8051, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
SD :
FJM :
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06/08/2023 05:21 PM § 8051.
Short title;
declaration of policy.
(b) The General Assembly finds and declares that:
(6) It is in the public interest of the State to evaluate the impact on the transmission system of the offshore wind procurement goals of other states within the PJM region and the potential for procurement of electricity from offshore wind projects by Delaware;
(7) It is in the public interest of the State to evaluate procurement of electricity from offshore wind projects given the potential economic development opportunities of the emerging offshore wind industry, the potential to reduce greenhouse gas emissions and other air pollutants, and the potential for a long-term, large scale, stable source of electricity for the State;
and (6) (8) The establishment of the State Energy Office is in the public interest and will promote the general welfare by assuring coordinated and efficient management of state energy policy.
Section 2.
Amend § 8056, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 8056.
[Reserved.] Offshore Wind Transmission and Procurement Analysis.
(a) Definitions.
For the purposes of this section:
Show all 69 changed lines (29 more)
(1) “Department” means the Department of Natural Resources and Environmental Control.
(2) “DPA” means the Delaware Division of the Public Advocate.
(3) “Offshore wind project” means a power production facility located in waters off the Atlantic coast, converting ocean winds into electricity.
(4) “PJM Interconnection” means PJM Interconnection, LLC or any successor organization that services the PJM region.
(5) “PSC” means the Delaware Public Service Commission.
(b) Transmission Planning.
(1) The Department shall cooperate with PJM Interconnection in an analysis of the impacts on transmission of offshore wind procurement goals of other states within the PJM region and the potential for procurement by Delaware of electricity from offshore wind projects including transmission system upgrade and expansion options that take into consideration both onshore and offshore infrastructure.
The Department shall consult with the PSC and the DPA prior to engaging with PJM Interconnection in this analysis and shall provide the results of any such analysis to the PSC and the DPA.
SD :
FJM :
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06/08/2023 05:21 PM (2) The Department shall consult with the state energy offices, or equivalent offices, in other states served by PJM Interconnection to evaluate regional transmission cooperation that could help achieve the State’s renewable energy goals with greater efficiency.
The Department shall report to the PSC and DPA on this effort.
(c) Offshore Wind Procurement Planning.
(1) The Department shall study the procurement processes used in other Atlantic states for electricity from offshore wind projects, evaluate the options for conducting and evaluating a request for proposal process to procure offshore wind power, and prepare recommendations for potential offshore wind procurement.
Any procurement process should consider at least the following:
(i) The long-term cost impact, if any, on ratepayers in Delaware.
(ii) Potential economic costs and benefits for the State and for Delawareans.
(iii) The consistency of such a procurement with the Delaware Climate Action Plan, the Delaware Energy Plan, and the ability of the State to meet its Renewable Energy Portfolio Standards.
(iv) The avoided costs of greenhouse gas emissions and other air pollutants on the State from power generation sources.
(v) Potential health benefits for the State and for Delawareans.
(vi) The availability and scale of suitable offshore wind locations.
(vii) The state of the offshore wind industry and associated supply chains.
(viii) The impacts on the electricity transmission system and capacity and energy markets.
Section 3.
The Department shall provide a written report, including the Department’s recommended procurement process, and any legislative or regulatory steps necessary to effectuate the recommendation, to the Governor, the Chief Clerk of the House of Representatives, and the Secretary of the Senate by December 31, 2023.
SYNOPSIS This Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power.
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Show all 69 changed rows (29 more)
Action History
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Signed by Governor
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Passed By House. Votes: 33 YES 7 NO 1 ABSENT
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Reported Out of Committee (Natural Resources & Energy) in House with 6 Favorable, 2 On Its Merits
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Assigned to Natural Resources & Energy Committee in House
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Passed By Senate. Votes: 20 YES 1 NO
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Amendment SA 1 to SB 170 - Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 Favorable, 1 On Its Merits
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Amendment SA 1 to SB 170 - Introduced and Placed With Bill
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Introduced and Assigned to Environment, Energy & Transportation Committee in Senate
Sponsors
- Madinah Wilson-Anton · Primary
- David L. Wilson · Primary
- Nicole Poore · Primary
- William Bush · Primary
- Bryan Townsend · Primary
- Laura V. Sturgeon · Primary
- David P. Sokola · Primary
- Spiros Mantzavinos · Primary
- Cyndie Romer · Primary
- Edward S. Osienski · Primary
- John "Jack" Walsh · Primary
- Russell Huxtable · Primary
- Stephanie L. Hansen · Primary
- Peter C. Schwartzkopf · Primary
- Sarah McBride · Primary
- Paul S. Baumbach · Primary
Sponsorship breakdown
Export CSV (upgrade) →16 sponsors · 0 co-sponsors · 46 not signed on · 8 voted No
Sponsors (16)
- Madinah Wilson-Anton Democratic
- David L. Wilson Republican
- Nicole Poore Democratic
- William Bush Democratic
- Bryan Townsend Democratic
- Laura V. Sturgeon Democratic
- David P. Sokola Democratic
- Spiros Mantzavinos Democratic
- Cyndie Romer Democratic
- Edward S. Osienski Democratic
- John "Jack" Walsh Democratic
- Russell Huxtable Democratic
- Stephanie L. Hansen Democratic
- Peter C. Schwartzkopf
- Sarah McBride
- Paul S. Baumbach
Co-sponsors (0)
None.
Not signed on (46)
46 members have not signed on to this bill.
Show all 46 →"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 | 19 | 0 | 0 | 1 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Republican | 6 | 7 | 0 | 0 |
| Total | 33 | 7 | 0 | 1 |
| % of votes cast | 80% | 17% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 5 | 1 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 20 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | 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 |
| 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 | Yea |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 170 do?
- This Act directs the Department of Natural Resources and Environmental Control to work with PJM Interconnection, LLC to study the transmission impacts of offshore wind development, to work with neighboring states on offshore wind transmission, and to study and report back to the Governor and the General Assembly on a process for procuring offshore wind power.
- Who sponsors SB 170?
- SB 170 is sponsored by Madinah Wilson-Anton (Democratic), David L. Wilson (Republican), Nicole Poore (Democratic), William Bush (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Spiros Mantzavinos (Democratic), Cyndie Romer (Democratic), Edward S. Osienski (Democratic), John "Jack" Walsh (Democratic), Russell Huxtable (Democratic), Stephanie L. Hansen (Democratic), Peter C. Schwartzkopf, Sarah McBride, and Paul S. Baumbach.
- What is the current status of SB 170?
- This bill has been enacted into law. Introduced June 08, 2023. Enacted.
- Where can I track SB 170?
- Track SB 170 free on One Click Politics — get push/email alerts when it moves.
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