DOVER, Del. — Delaware has enacted a controversial law to streamline the approval of large-scale renewable energy infrastructure, directly impacting a Maryland-linked offshore wind project and sparking debate over local authority and state oversight.
Signed by Governor Matt Meyer on June 30, Senate Bill 159 requires substations supporting renewable projects of 250 megawatts or more to be permitted as conditional uses in heavy industrial zones—overriding local zoning decisions. The legislation follows Sussex County’s 2024 denial of a proposed substation near Millsboro tied to U.S. Wind’s project off the Maryland coast.
The substation, set to connect offshore turbines to the regional power grid via underground cables, faced legal and political roadblocks after county officials rejected the plan. Proponents argued that local resistance jeopardized project.
Opponents, including several Republican lawmakers, criticized the bill as an overreach. Senator Bryan Pettyjohn stated, “SB 159 flew in the face of both local control and the judicial process by overriding Sussex County’s lawful decision while it was still under appeal.” He noted Senate Republicans initially blocked Delaware’s $1 billion Bond Bill to secure a delay in SB 159’s implementation.
That delay came in the form of SB 199, which pushes SB 159’s effective date to January 31, 2026, allowing the ongoing court case to proceed. Despite the pause, the law was signed with retroactive provisions, meaning it will apply to prior applications once in effect.
“Our caucus consistently raised both the importance of local control and the need to respect the judicial process. SB 159 flew in the face of both by overriding a lawful zoning decision by the Sussex County Council while that decision was being appealed through the Delaware Superior Court” said Pettyjohn.
