DOVER, DE - With just hours left in the first year of the 153rd General Assembly, lawmakers in the Delaware House voted 25–15 on Monday to pass Senate Bill 159 — one of the most debated measures of the session.
UPDATE: Governor Matt Meyer has signed SB159 into law.
The bill aims override Sussex County’s 2024 decision to deny a conditional use permit for an electric substation near Millsboro, which would connect to a proposed offshore wind farm developed by U.S. Wind.
Senate Bill 159 seeks to amend Delaware State Code to prevent jurisdictions from denying conditional use permits for electric substations that meet specific criteria. The bill is retroactive and, if signed into law by the Governor, would reverse Sussex County’s denial.
SB 159 marks a pivotal step in a months-long battle over state versus local authority.
Rep. Jeffrey Spiegelman (R-District 11) says this broader theme of local control versus state control has dominated this year’s session.
“A lot of the theme around this year's General Assembly was a lot of local control stuff."
Spiegelman says the bill represents government overreach and undermines the authority of local officials.
“These people in Sussex County, whether you agree with them or not, were elected by the people of Sussex County to represent them."
Rep. Timothy Dukes (R-District 40) says his concerns go beyond the substation issue, warning the bill could set a dangerous precedent.
“Senate Bill 159 is not about wind turbines as much as it's about local authority. And that's the thing that bothers me."
Adding to many opponents’ concerns is a pending lawsuit in Delaware Superior Court regarding the substation project and its connection to the wind farm.
Dukes says it’s inappropriate for lawmakers to intervene while the case is still active — which is why he urged the General Assembly to delay action until the legal process plays out.
“Why don't we wait until January and give it time for the judicial process and the appeal board to be worked out before we override the county?”
Last week, Senate Republicans blocked the state’s nearly $1 billion Bond Bill, saying they hoped to use it as leverage in negotiations over SB 159.
Supporters, however, say the project is vital to addressing Delaware’s growing energy needs.
Many filled the halls of Legislative Hall on Monday to show their support.
Sen. Trey Paradee (D-District 17), who voted for the bill when it passed the Senate on June 10, says the county’s decision to deny the permit was a mistake, which is why he feels this legislation is crucial.
“We definitely need more power. But for me, I think it's just a question of fairness and doing the right thing. Sussex County clearly made a mistake when they rejected the conditional use permit."