Delaware 153rd General Assembly Status: Introduced 1 D cosponsors

HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 -SA 1 — Large Energy Use Facilities/Rate Class

Last action — Environment, Energy & Transportation

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

This bill has been introduced in the House. Introduced June 16, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

In plain language

The Act creates a separate rate class for large energy use facilities to manage costs and protect other customers.

This Act mandates regulated utilities to establish a separate rate class for large energy facilities to prevent cost shifts to residential and small business customers. It also includes guidelines for Electric Service Agreements and requires large facilities to contribute to specific funds at higher rates.

What this means for you
  • Consumers: Consumers may see more stable energy costs as large energy facilities bear their own infrastructure expenses.
  • Environment: Environmental considerations are accounted for in the approval process for large energy use facilities.
  • Small Business: Small businesses can benefit from reduced risk of cost shifts related to energy infrastructure expansions.

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 1 on the official Delaware source →

Action History

  1. Environment, Energy & Transportation

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 61 not signed on

Sponsors (1)

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.

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

Subjects

public-safety energy
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Frequently asked questions

What does HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 -SA 1 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 1?
HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 -SA 1 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 1?
This bill has been introduced in the House. Introduced June 16, 2026. It must pass committee before a floor vote.
Where can I track HS 1 for HB 233 w/ HA 1, HA 1 to HA 1, HA 3 -SA 1?
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