Legislation that would require the Delaware Public Service Commission to issue a certificate to data centers was introduced last week.
Senate Bill 205 was introduced by State Sen. Stephanie Hansen, D-Middletown, chair of the Environment and Energy Committee, with fellow Democrats signing on as co-sponsors.
This act requires an entity using 30 megawatts or more of electricity to obtain a Certificate to Operate from the Public Service Commission. The PSC would consider the impact on the state's economy, the effect on utility ratepayers, and the reduction of greenhouse gas emissions.
Zoning decisions would still rest with counties that could weigh in during consideration of the certificate.
Another bill filed Monday by State Rep. Frank Burns, D-Pike Creek, would authorize the PSC to establish a separate electricity rate for data centers.
The bills come in response to plans by a private equity firm and PBF Energy, the owner of the Delaware City refinery, to build a large data center near the complex.
Concerns over the data center are also tied to rising electricity rates, with grid operator PJM seeing intense criticism over its power auctions.
Developers have filed documents with the New Castle Department of Land Use, which is expected to be a lengthy process. It has been reported that rejecting the first phase of the project would be difficult, since the property is properly zoned.
Delaware already has smaller data centers that do use anywhere near the electricity of the proposed project.
The bills will be considered when the General Assembly convenes in January.
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