Bill at a glance
- Jurisdiction: Delaware
- Session: 153
- Title: AN ACT TO AMEND TITLE 9, TITLE 22, AND TITLE 29 OF THE DELAWARE CODE RELATING TO DATA CENTERS
- Status: Introduced and assigned to Elections & Government Affairs Committee (Senate) on 2026-05-11
- Sponsors: Primary and several co-sponsors including Mara Gorman, Dave Sokola, Bryant Richardson, Nicole Poore, Claire Snyder-Hall, Eric Morrison, Russ Huxtable, Ray Seigfried, Melanie Ross Levin, Marie Pinkney
Purpose and intent
SB 312 proposes amendments to three titles of the Delaware Code to address data centers. While the summary here is based on the bill’s title and context, the bill is positioned to modify regulatory, planning, economic, or governance aspects related to the establishment, operation, or oversight of data centers within the state. The exact policy aims (e.g., tax treatment, permitting processes, energy efficiency standards, siting requirements, or local government authority) would be detailed in the bill’s text.
Key provisions and changes (illustrative categories)
While the precise textual provisions are not provided here, typical Delaware data center-related amendments could include:
- Changes to land use and zoning rules affecting data center siting (e.g., permitting timelines, special-use permits, or statewide standards).
- Economic incentives or burdens (e.g., tax credits, exemptions, or franchise/fee adjustments) to attract or regulate data center development.
- Energy and environmental provisions (e.g., grid reliability, renewable energy requirements, efficiency standards, or reporting obligations).
- Infrastructure considerations (e.g., interconnection, water usage, cooling requirements, or proximity to critical facilities).
- Governance and oversight (e.g., creation or modification of a state task force, regulatory authority, or reporting to the General Assembly).
- Data privacy, cybersecurity, or resilience planning aspects relevant to data center operations.
Note: The above categories reflect common themes in data center legislation and may or may not all appear in SB 312. The exact text will specify the precise authorities, duties, exemptions, penalties, funding sources, and effective dates.
Who and what would be affected
- Data center developers, operators, and tenants: Changes to permitting, incentives, energy standards, or regulatory oversight could influence site selection, operating costs, and compliance requirements.
- Local governments: If the bill adjusts zoning, permitting authority, or coordination mechanisms, municipalities and counties may have altered roles or responsibilities.
- State agencies and the utility sector: Provisions related to energy use, reliability, and infrastructure could involve the Department of Energy and other state agencies, as well as electric/utility providers.
- Taxpayers and residents: Economic incentives or costs associated with data center development may impact public finances, job creation, and regional development.
Procedural and timeline aspects
- Current status: Introduced and referred to the Elections & Government Affairs Committee in the Senate on May 11, 2026.
- Next steps: The committee will review the bill, hold hearings, and may amend or approve it. If advanced, it could move to the full Senate for a vote and then to the House of Representatives for consideration, with potential conference if there are amendments.
- Effective dates: Any enacted provisions would specify effective dates (e.g., upon enactment, or a delayed date to allow for transition).
Potential impacts and considerations
- Economic development: If the bill includes incentives or streamlined processes, it could increase data center investment and related jobs, while balancing fiscal impact.
- Local planning and environmental impact: Siting and energy-use provisions could affect land use, grid demand, and environmental considerations.
- Regulatory clarity: Clear standards and oversight can improve predictability for developers and ensure resilience and cybersecurity considerations.
For readers seeking a precise understanding, the definitive details will be in the bill’s full text, including definitions, specific amendments to Titles 9, 22, and 29, any fiscal notes, and the exact procedures and timelines.
