DOVER, DE - A bill to overturn Sussex County's permit denial of a US Wind electric substation has been signed into law by Delaware Governor Matt Meyer.
Due to a last-minute political compromise, however, that reversal has been delayed.
On the final day of their legislative session, Delaware lawmakers voted to pass SB159, legislation that would reverse Sussex County’s permit denial for a proposed US Wind substation near Millsboro.
Less than two hours later, Delaware Governor Matt Meyer announced on social media that SB159 was the first bill signed into law on June 30.
US Wind's electric substation would be located near 3Rs Beach and positioned to receive power cables from offshore wind turbines from a project off the coast of Sussex County and Worcester County, MD.
SB159 was written to change Delaware State Code to restrict jurisdictions from denying conditional use permits for electric substations that meet certain conditions. The bill is retroactive and reverses Sussex County’s denial.
Sussex County Council initially voted to deny US Wind’s permit application for the substation, with US Wind swiftly launching a legal challenge.
The legislation, sponsored by State Senator Hansen and Reps. Snyder-Hall and Burns, first passed the Senate on June 10 and was sent to the House. On June 30, the House passed the bill with an amendment that would sunset the bill in 2027.
Requiring another vote from the Senate due to the amendment, the amended bill was sent back. The Senate, in a 15-6 vote, passed it again for the final time just before 5:45 p.m. on Monday.
In an Instagram post shared just before 7 p.m., Governor Meyer shared that he had signed the bill.
"We're bringing offshore wind to Delaware!" the social media post reads.
Late Monday, Delaware Republicans announced the passage of SB199, which they say would delay the implementation of SB159 until January 31, 2026, allowing US Wind's court case against Sussex County to play out. Both Senator Hansen and Rep. Snyder-Hall are listed as co-sponsors on SB199, signaling an apparent compromise between Democrats and Republicans on the controversial legislation.
“These agreements are the result of standing firm for local control, protecting the integrity of our courts, and fighting for Delaware’s farmers,” Senate Republican Leader Gerald Hocker and Senate Republican Whip Brian Pettyjohn, both listed as cosponsors of SB199, said. “Because of this compromise, the General Assembly was able to move forward and pass the Bond Bill, which will provide critical funding for vital capital improvement projects that benefit communities across the state.”
On Tuesday, Governor Matt Meyer's office confirmed he had signed SB199 into law, granting the delay.
Dustyn Thompson, the Chapter Director of the Delaware Sierra Club, praised the approval of SB159.
"There's a line in the sand between energy policy decisions and zoning decisions," Thompson said. "We have to make sure the right entity stays on the right side of that line."
Thompson said bringing offshore wind projects to Delaware's coast will help with offsetting the state's energy crisis.
"Bringing offshore wind online is vital to bringing rates down, and to stop the rapid increase of demand outstripping supply," Thompson said.
A representative with US Wind also praised the decision in a statement to WBOC today.
“We’re grateful to Governor Meyer, Senator Hansen, Representative Snyder-Hall and other legislative leaders for supporting SB 159, which demonstrates their understanding of the need to enact policies that help address the looming energy shortage and rising costs," a statement from Nancy Sopko, Vice President of External Affairs for US Wind, said. "This bill helps eliminate unlawful and unnecessary hurdles to a project that will help ensure electric reliability for Delawareans while lowering the price they pay for electricity.”
Natalie Magdeburger, Fenwick Island's mayor, told WBOC she feels the decision is an overstep by the state government.
"Those that are the closest to the issue are in the best position to evaluate what's good for their citizens," Magdeburger said. "The fact that there is a lack of respect for a local government's decision is very troubling because it's not just this issue. It could be any issue."
Magdeburger told WBOC she does not think offshore wind projects are safe for the area.
"It is harmful to the environment. It has adverse effects to the local economy, which in turn is going to have adverse effects to the economy of Delaware as a whole, because we are one of the biggest income producers in the tourism industry," Magdeburger said.
The mayor told WBOC the town of Fenwick Island is still involved in both federal and state legal challenges against U.S. wind projects moving forward.
