House passes measure to make large energy users bear grid costs amid debate over process

The Delaware House approved House Substitute 1 for House Bill 2 33 on June 16, 2026, a measure intended to shield ratepayers from costs associated with large energy-use facilities such as data centers.

Sponsor Representative Burns said the bill "establishes a comprehensive framework to protect Delawarean ratepayers from the costs associated with large energy use facilities such as data centers," directing the Public Service Commission to adopt a large-load tariff and requiring energy-security agreements to ensure facilities pay costs they impose on the system.

Jamieson Tweedy, the state public advocate, told the House the cutoffs (50 MW and 100 MW thresholds) were developed in workshops with Delmarva and large energy users to capture facilities likely to affect grid reliability while excluding ordinary high-usage businesses. He said the definitions reflected stakeholder conversations and technical analysis.

Some members criticized the process, saying significant amendments arrived late and they did not have time for full review before roll-call. Representative Smith said stakeholders and some colleagues had limited opportunity to examine a multi-page amendment distributed on the floor; other lawmakers urged post-enactment stakeholder engagement and clearer land-use coordination.

Why it matters: The measure aims to prevent large, concentrated electricity demands from shifting system and reliability costs onto residential and other customers. Supporters say it is urgent because proposals have accelerated; critics warn the floor timetable and late amendments risk unintended consequences for other industries and local planning.

The House adopted several floor amendments after debate and approved the substitute as amended by roll-call.