DELAWARE- A bill that could strip Delaware counties of the power to deny certain electric substation applications tied to large renewable energy projects has cleared a major hurdle in the General Assembly.
Senate Bill 159, sponsored by Sen. Stephanie Hansen (D-Middletown), passed the Senate with a 15-5 vote Tuesday, with one senator absent. The proposal now heads to the House for consideration.
The bill would require counties to approve conditional use permits for substations located on unincorporated land if the proposed facility meets a specific set of conditions. To qualify, the substation must support a renewable energy generation project of at least 250 megawatts, be located in a heavy industrial zone, and be in a district where substations are already permitted as a conditional use.
US Wind’s planned substation near Millsboro meets those conditions, but its application was denied by Sussex County officials last year. If passed, the legislation would effectively overturn that denial.
The bill is retroactive, meaning any qualifying applications submitted since Aug. 8, 2023, would be deemed approved, even if they were previously rejected. It also prevents counties from changing zoning rules to block future proposals that meet the bill’s standards.
The Senate’s passage of the bill followed roughly two hours of debate between Republican and Democratic lawmakers. US Wind CEO Jeff Grybowski attended the session.
Both the substation and offshore wind in general have faced public pushback.
"Why do we want to take that and completely disrupt it and build and bury cables and termination points and then run that down all the way to the power stations, way down in Millsboro under the seabed?" said Ken Reuter, a Sussex County local.
Ken Reuter says he's not against offshore wind, but he doesn't think Delaware should be involved in Maryland's project.
"I see a significant detriment in the way that we are being tasked as a state for a Maryland project to host the onboarding of the connection into a land based substation," Reuter shared.
CoastTV reached out to Sussex County's public information officer about the passing of the bill.
He says "the County remains hopeful that we along with other local government officials can continue to collaborate with our state partners to work towards the best solutions for the public we all serve."
While we could not interview U.S. Wind today, a statement was shared from it's vice president of external affairs.
Saying in part "the electric grid could face a capacity shortage as soon as this summer, and energy costs in Delaware continue to rise. Now more than ever, Delaware and other PJM states should enact policies to facilitate as much new energy generation as possible. SB 159 will ensure energy reliability for Delawarean's while lowering the price they pay for electricity."
When asked what's next for the substation U.S. Wind shared they "can't speak to what would happen if the bill ultimately passes."
Now that the bill has passed the senate, it will be assigned to a House committee.
If it is voted out of committee, it will be sent to the House floor for a vote.
If it is not voted out of committee, the bill will not a move forward until a Senator brings it up again.
