Delaware data center and energy laws

Data center and energy laws enacted in Delaware

6 data center and energy laws enacted in the Delaware Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.

• HB 233AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES.Enacted 26 August 2026

  What it requires: Commission-regulated electric utilities must not provide distribution service to large energy use facilities unless the facility has entered into a Commission-approved Electric Service Agreement. Large energy use facilities may procure electric supply service from certified electric suppliers and cannot be required to purchase from the utility. ESAs must include specified protective provisions and cannot restrict procurement from certified suppliers.

  Large-load tariffs and cost allocation, Grid reliability and load flexibility

• HB 310AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO BUSINESS TAX CREDITS AND DEDUCTIONS.Enacted 26 August 2026

  Large-load tariffs and cost allocation, Tax incentives and clawbacks, Water, cooling and emissions

• HB 445AN ACT TO AMEND TITLE 26 AND TITLE 29 OF THE DELAWARE CODE RELATING TO LARGE ENERGY USE FACILITIES.Enacted 26 August 2026

  What it requires: Large energy use facilities may not operate in Delaware unless they produce sufficient power in-state to support operations, meeting renewable energy portfolio standards or using nuclear power. Facilities must submit a plan to reach 100% in-state energy production within 10 years, cannot connect to the grid until 25% is online, and must enter a 30-year binding contract with the Public Service Commission.

  On-site and co-located generation, Grid reliability and load flexibility

• SB 312AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DATA CENTERS.Enacted 26 August 2026

  What it requires: Counties, municipalities, and state agencies may not enter into nondisclosure agreements that restrict disclosure to the public about potential or actual large-scale data center development. Large-scale data centers are defined as facilities using or able to use 100 megawatts of power or more.

  Siting, zoning and permitting

• SB 308AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE LOAD FORECAST ACCOUNTABILITY ACT.Enacted 23 July 2026

  What it does: Amends the Load Forecast Accountability Act to require the Delaware Public Service Commission to consider four specific factors when investigating electric distribution companies' load forecast methodologies: project development status, ramping schedules, duplicative interconnection requests, and customer financial commitments.

  Large-load tariffs and cost allocation, Grid reliability and load flexibility

• SB 276AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ELECTRIC UTILITIES.Enacted 10 June 2026

  Large-load tariffs and cost allocation, Grid reliability and load flexibility

Data center and energy in Delaware, by topic

• Large-load tariffs and cost allocation

  4 bills, 4 enacted. Enacted in 19 states.

• Grid reliability and load flexibility

  4 bills, 4 enacted. Enacted in 11 states.

• Siting, zoning and permitting

  2 bills, 1 enacted. Enacted in 8 states.

• Tax incentives and clawbacks

  1 bill, 1 enacted. Enacted in 11 states.

• On-site and co-located generation

  1 bill, 1 enacted. Enacted in 5 states.

• Water, cooling and emissions

  1 bill, 1 enacted. Enacted in 7 states.