Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 12 D · 1 R cosponsors

SB 170 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 08, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 D · 1 R) — cross-party backing.

  • 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 removed

89 line(s) added, 24 removed.

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Latest
Hansen DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Hansen & Rep.
1 TO SENATE BILL NO.
Osienski & Rep.
170 AMEND Senate Bill No.
Romer & Sen.
170 by deleting 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:
Huxtable & Sen.
“The Department shall 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.
Walsh & Sen.
170 by deleting the sentence that appears on line 55 beginning with the words “The Department shall” and by substituting in lieu thereof the following:
Hoffner Sens.
“The Department shall report to the PSC, the DPA, and all electric utilities in Delaware on this effort.” FURTHER AMEND Senate Bill No.
Mantzavinos, S.
170 on line 57, by adding “, including those” after the word “processes”.
McBride, Sokola, Sturgeon, Townsend;
FURTHER AMEND Senate Bill No.
Reps.
170 on line 70, by deleting the following:
Baumbach, Bush, Griffith, Lambert, Phillips, Wilson-Anton DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
“and capacity and energy markets”.
170 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO OFFSHORE WIND ENERGY.
SYNOPSIS This amendment requires the Department of Natural Resources and Environmental Control (DNREC) to consult with all electric utilities in Delaware, in addition to consulting with the Public Service Commission (PSC) and the Division of the Public Advocate (DPA), in the analysis of the impacts of offshore wind transmission and procurement by Delaware of electricity from offshore wind projects.
WHEREAS, anthropogenic emissions of greenhouse gases are contributing to climate change, threatening the health and well-being of the people of Delaware;
It also requires DNREC to report to all electric utilities in Delaware, in addition to the PSC and the DPA, about its efforts to consult with other state energy offices in states served by the PJM Interconnection to evaluate regional electric transmission cooperation.
and WHEREAS, the threat that climate change poses to Delaware is multi-faceted, resulting in severe impacts such as sea level rise, disruption to the hydrologic cycle, more frequent and intense heatwaves, droughts, and storms;
This amendment also deletes the provision in the Bill that mandates that DNREC study the impacts on capacity and energy markets in the course of the offshore wind procurement process.
and WHEREAS, Delaware has the lowest mean elevation of any state in the nation and the State is particularly vulnerable to related climate change impacts like sea level rise, flooding, saltwater intrusion into drinking water, erosion, wetland loss, 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:
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(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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06/13/2023 04:33 PM 4761520122
06/08/2023 05:21 PM 4761520119
View plain text versions (2)

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 33 YES 7 NO 1 ABSENT

  3. Reported Out of Committee (Natural Resources & Energy) in House with 6 Favorable, 2 On Its Merits

  4. Assigned to Natural Resources & Energy Committee in House

  5. Passed By Senate. Votes: 20 YES 1 NO

  6. Amendment SA 1 to SB 170 - Passed By Senate. Votes: 21 YES

  7. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 Favorable, 1 On Its Merits

  8. Amendment SA 1 to SB 170 - Introduced and Placed With Bill

  9. Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 46 not signed on · 8 voted No

Sponsors (16)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 33 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 19001
Unaffiliated 8000
Republican 6700
Total 33701
% of votes cast 80%17%0%2%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke 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
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
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 Nay
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Yea
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 20 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 5100
Unaffiliated 2000
Total 20100
% 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

Official roll call →

Subjects

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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?
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