AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO A MORATORIUM ON DATA CENTER DEVELOPMENT.

153rd General Assembly (2025-2026) Introduced by Eric Buckson and 1 co-sponsor

Delaware would pause new data center projects and expansions to study impacts on infrastructure, energy use, and regulations before proceeding.

Introduced and Assigned to Executive Committee in Senate

Bill Summary: SB 353 (Delaware, Session 153)

Purpose and intent

SB 353 proposes to establish a moratorium on data center development in Delaware. The bill aims to pause new data center projects or expansions for a defined period, allowing time for policymakers to study the impacts, infrastructure needs, and regulatory framework associated with data center growth in the state.

Key provisions and changes

Moratorium establishment: Impose a temporary halt on approvals, permitting, or construction related to data center development within the state. The duration of the moratorium is specified in the bill (exact length not provided in the summary, but typically ranging from 12 to 24 months in similar measures).

Scope of projects affected: Applies to new data center facilities and potentially significant expansions or repurposing that would increase critical electrical load or land-use intensity. The bill may specify thresholds (e.g., size, power demand) that determine whether a project is covered.

Regulatory reviews and waivers: During the moratorium, state agencies would likely pause routine approvals and may adopt interim guidelines or criteria for evaluating data center proposals once the moratorium ends.

Study and report requirements: The bill often requires a study to assess economic, environmental, infrastructure, and energy implications of data centers, including impacts on the power grid, water usage, job creation, local zoning, and land use.

Sunset and renewal provisions: Provisions detailing how the moratorium terminates (automatic expiration or upon a specified date) and whether extended restrictions would require new legislation.

Who is affected

Data center developers and operators: Entities seeking to build or expand data centers in Delaware would be directly impacted by the pause on approvals.

Local governments and planning authorities: Municipalities and county-level planning bodies would coordinate with state agencies under the moratorium terms.

State agencies: Agencies responsible for environmental reviews, energy planning, land use, zoning, and permitting would implement and enforce the moratorium and participate in the accompanying study.

General public and consumers: Indirectly affected through potential changes in future data center developments, which can influence local taxes, employment opportunities, energy demand, and land use patterns.

Procedural and timeline aspects

Introduced and assigned to Executive Committee in Senate: Action history shows the bill was introduced and sent to the Senate Executive Committee on June 30, 2026.

Sponsor information: Primary sponsor details include Co-sponsors Mike Smith and Eric Buckson.

Next steps typically: After committee review, the bill would move to the full Senate floor for a vote, then potentially to the House (if applicable) and to the governor for signature, depending on Delaware’s legislative process and chamber routing for this bill.

Notes

Specifics such as the exact moratorium duration, qualifying thresholds for data center projects, and detailed study requirements are not provided in the available summary. For precise language, consult the bill text and the legislative fiscal note or committee analysis.

The bill reflects a regulatory pause intended to balance economic development with infrastructure capacity and public policy considerations related to data center proliferation.