Delaware General Assembly

Passed 6/16/26

HB 445 -SA 1, SA 2 w/ HA 1

6/16/26

Heffernan

This Amendment to House Bill No. 445 updates the Act to incorporate a standardized definition of what constitutes a large energy use facility; allows the procurement of new power generation, in addition to building new power generation; expands the location of acceptable energy generation to include PJM transmission zones contiguous by land with the DPL zone with sufficient transmission resources, thereby allowing generation like expansions of the Salem nuclear generation facility or other nearby generation to comply; clarifies the definition of new generation to ensure new large energy use facilities are bringing truly new or expanded generation; clarifies the types of generation resources that are eligible as clean energy generation; excludes single-cycle or open cycle generation as acceptable forms of generation; specifies that large energy use facilities that rely on a 10-year plan to meet compliance may be curtailable and must meet a minimum component of clean or storage as backup forms of generation if they continue to operate; makes the required contract with the Public Service Commission 15 years, instead of 30 years, and clarifies its scope; and allows the regulatory body of an electric utility to adopt regulations to implement these requirements and recover costs from large energy use facilities. This Amendment also clarifies that nothing in the Act precludes an electric distribution company from imposing additional requirements on a large energy use facility.

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