An Act To Amend Title 26 Of The Delaware Code Relating To Public Utilities.
Summary
SB 159 amends Delaware’s public utilities law to require counties to approve certain conditional use permits for electrical substations tied to large renewable energy projects. The bill applies only when the substation would support a proposed renewable generation project of 250 megawatts or more, be located on unincorporated land in a heavy industrial zone, be an allowed conditional use in that zone, and be in a zoning district that already contained an electric substation rated at 230 kV or greater as of August 3, 2023.
The bill also gives the measure retroactive effect. Any qualifying substation application filed on or after August 3, 2023, is deemed approved even if a county previously denied it, and counties are barred from changing zoning classifications or zoning codes to make a previously filed application ineligible. The act sunsets on December 31, 2026, but permits already granted or deemed approved remain valid, and pending applications that meet the bill’s terms continue to be governed by it.
Impact
SB 159 limits county discretion over conditional use permits for a narrow class of electrical substations and effectively preempts local zoning decisions in those cases. It creates a state-law mandate for approval, overrides prior adverse county actions for qualifying applications, and restricts counties from using zoning changes to defeat pending applications. The bill affects counties, developers of large renewable energy projects, and utility infrastructure siting, while leaving the rule in place only through the end of 2026.
Sentiment
The voting history suggests the bill had meaningful but not unanimous support. It passed the Senate and House on third reading with clear majorities, indicating broad legislative backing for facilitating renewable energy infrastructure and related transmission needs. At the same time, the nontrivial number of no votes in both chambers shows that the measure was not universally accepted.
Contention
The main point of contention is the bill’s intrusion on local land-use authority. Opponents are likely concerned that it forces counties to approve substations, retroactively validates prior applications, and prevents counties from adjusting zoning to respond to local concerns. Supporters appear to view those provisions as necessary to prevent local barriers from delaying major renewable energy projects and to ensure needed grid infrastructure can be built in time. The retroactive approval language and the prohibition on zoning changes are the most controversial features.