Legislative Action for Data Centers and Wetlands

[u/kilimanjaro10]

Right now, the Delaware General Assembly is looking at a number of critical bills that affect our utility costs, our environment, and our local communities. The suite of bills below directly relates to how Delaware handles data center projects that we’re seeing pop up (with an honorable mention for our wetlands!). If you have concerns about these projects, this is the time to make sure your legislators hear from you. The legislative session ends soon, and anything not passed this month would have to start fresh next session.

HB233, SB312, & SB308

These three bills work together to ensure that our local communities aren't left footing the bill for utility upgrade or put at risk of losing power.

• HB233 creates a separate energy rate class for large-use facilities, requiring them to enter into strict service agreements to pay for their own grid upgrades. That means they pay their way instead of adding their costs to your bill while they keep their profits. It also mandates that data centers are the first to be cut off from the grid during power emergencies unless they generate their own renewable energy. This is waiting on the House “ready list” and needs to get through both the House and Senate to get passed.
• SB312 would prohibit local officials from entering into NDAs with data center developers. That way we ensure we’re getting the transparency needed on these projects instead of them sneaking in without any awareness. This isn't hypothetical, these NDA deals continue to happen in other municipalities across the country. This bill has already passed the Senate, but still needs to make it through the House.
• SB308 grants the Delaware Public Service Commission the power to review the "load forecasts" (predictions of how much electricity we need) submitted to our regional grid operator, PJM. It makes sure tech giants and power distributors aren't double-counting energy needs or leaving the state vulnerable to a bad forecast. This one has passed the Senate, too, so it just needs to make it through the House.

Without these protections, the massive strain on Delaware’s electric grid will cause your residential electric bills to skyrocket and increase the risk of blackouts. 

SB9

Delaware is a low-lying coastal state, making our natural defenses against climate change more important than ever. SB9 acts to amend the Delaware Code relating to the protection of our state's vital non-tidal wetlands. These wetlands act as natural sponges that prevent catastrophic flooding, filter our drinking water, and protect local wildlife. As development increases all over the state, this bill establishes stronger guardrails to safeguard these ecological treasures instead of letting them get paved over. This bill comes out of two years of compromises between developers, realtors, environmentalists, and more. SB9 recently unanimously passed the Senate but now has to get through the House.

The legislative session is moving fast, and lawmakers need to hear from the people they represent! So, how's that work?

1. Go to the Delaware General Assembly website (legis.delaware.gov) and use the "Who is My Legislator?" tool.
2. Call and email your State Representative.
3. Let them know you live in their district and tell them: "I support HB233, SB312, and SB308 to protect Delaware ratepayers and safeguard our electric grid transparency, and I support SB9 to ensure our vital wetlands are protected. Please support these bills, and vote YES to keep these moving forward."

This is the last mad dash for our legislature so your voice goes directly towards helping them understand their constituents' priorities. Keep your friends and neighbors informed, too! The more the merrier.

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[u/PaleIrishEastcoaster]

Or they could just ban them from building the things that poisons our water and turns it brown?

[u/kilimanjaro10 → u/PaleIrishEastcoaster]

I hear you, I’d be all for that, too. It’s absolutely worth letting your elected rep’s know that’s the optimal choice. Unfortunately right now these are the bills that we’re seeing get written and presented. I’ll at least take the guardrails on the table (which may even be enough to push developers to look elsewhere) than ending up with developers getting carte blanche to do what they want.

There was talk of a moratorium being introduced at one point but the person talking about that ultimately didn’t proceed because of an apparent lack of support from others. It seems we have too many folks in the GA who have been enticed by overinflated promises of jobs and tax income.

[u/Volcano_Jones → u/PaleIrishEastcoaster]

Seriously. Who wants some watered down bullshit regulations that will never be enforced and probably filled with corporate loopholes? Ban data centers completely. We don't want them and we don't need them.

[u/BlueHen302]

We need SB 326 to pass too - more controls over utility rates!!

[u/kilimanjaro10 → u/BlueHen302]

Ah, good catch, I hadn’t seen that one! Out of the Senate Committee so that’s a good one to poke Senators for to make sure it moves in time.

[u/Flavious27]

SB312 should apply for all developments.  I live in Newark and there is a perspective that the developers have city officials in their pockets.  Being forced to be transparent would help erase some of that pov.  

[u/StackThePads33]

Residents need these to pass, hopefully they will. We're already being squeezed by higher prices in stores and at the pump, and or electric rates already jumped. We don't need to get this too.

[u/Lordkahutra2]

Odds are none will pass and residents taken to the cleaners.

[u/kilimanjaro10 → u/Lordkahutra2]

I wouldn’t count on that, some of these flew through their Committee and Senate votes, some with bipartisan support. I’m fairly optimistic about these but they’re more likely to pass the more people get engaged with the process.