Scope
House Substitute 1 for House Bill 233, as amended, amends Title 26 of the Delaware Code for 'large energy use facilities'. Its preamble states that large load facilities are almost exclusively hyperscale data centers. The defined class is any facility meeting one of three tests, one of which is 30 megawatts or more of monthly maximum demand plus primary engagement in a service under NAICS code 518210; the other two tests are megawatt tests that do not mention data centers. The act adds a Commission approval requirement for Electric Service Agreements with such facilities (26 Del. C. § 203G) and requires Commission-regulated electric utilities, within 180 days after the Commission finalizes regulations, to establish a separate classification of service with its own tariff schedule for large energy use facilities. No large energy use facility may receive service from a Commission-regulated utility until that tariff schedule is approved.
- Geographic scope
- Delaware
- Jurisdiction
- State
- Authority type
- Legislature
- Issuing authority
- Delaware General Assembly
Dates
- Adopted
- 26 August 2026
- Effective
- 26 August 2026
- Scheduled expiration
- None scheduled
- Ended
- Not recorded as ended
- Completion condition
- None stated
- Source document
- The source page states no document date
- Last checked
- 23 September 2026 (earlier than tracker date 5 October 2026; not an automatic status change)
Summary
Delaware's House Substitute 1 for House Bill 233 creates a statutory class of 'large energy use facilities', which the act's preamble describes as almost exclusively hyperscale data centers, and requires Public Service Commission-approved Electric Service Agreements and a separate utility classification of service with its own tariff schedule for that class. The official bill-detail page shows it was signed on 26 August 2026 as volume and chapter 85:440 with an effective date of 26 August 2026. Utilities must file the required rates within 180 days after the Commission finalizes its regulations.
What this does not establish
- The operative class is broader than data centers: two of the three definition tests are megawatt thresholds that do not mention data centers, and the third cites NAICS code 518210 without stating that code's title; the words 'data centers' appear in the act's preamble.
- The signature date, chapter and effective date come from the official bill-detail page; the engrossed text itself has no signature line.
- The Commission regulations under § 203G and the resulting utility tariff filings were not located or opened; this record does not state that any tariff is in place.
Unresolved questions
- Whether the Public Service Commission has proposed or finalized the § 203G regulations was not established.
Relationships
Supersession means a later instrument replaces the earlier legal effect. Repeal links identify the repeal instrument and the measure it ends. A later implementation or related letter is not treated as a replacement unless the record says so.
- No related action is recorded.
Sources
https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=38147&docTypeId=6
- Official bill-detail page (status, volume and chapter, effective date) status history · 26 August 2026