SB 353

                SPONSOR:
                Sen. Buckson & Rep. Michael Smith
        DELAWARE STATE SENATE
        153rd GENERAL ASSEMBLY
        SENATE BILL NO. 353
        AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO A MORATORIUM ON DATA CENTER DEVELOPMENT.
        WHEREAS, the rapid expansion of data centers in Delaware has significant implications for energy consumption, land use, and local infrastructure; and
        WHEREAS, the Delaware General Assembly recognizes a need for a comprehensive study and public input on the long-term impacts of data center development; and
        WHEREAS, imposing a temporary moratorium will allow the General Assembly to review existing policies, assess environmental and economic impacts, and ensure that this growth aligns with the public interest.
        NOW, THEREFORE:
        BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
        Section 1. Data center moratorium.
        (a) A moratorium on all applications and approvals for new data centers in this State is hereby established, as follows:
        (1) “Data center” means a facility consisting of 1 or more buildings that meets all of the following:
        a. Has a primary purpose of providing for the storage, management, processing, or transmission of digital data.
        b. Contains equipment such as routers, graphics processing units, servers, and switches.
        c. Uses or is able to use 100 megawatts of power or more.
        (2) During this moratorium, an approval of, or permit for, the construction of a data center may not be granted in this State, including by the governing body of a county, municipality, or any other government agency or local authority.
        (b) During the moratorium under this section, the General Assembly shall convene working groups, hold public hearings, and commission studies to assess the economic, environmental, and social impacts of data centers and the expansion of data centers.
        Section 2. This Act expires January 31, 2027, unless terminated or extended by subsequent action of the General Assembly.
        SYNOPSIS
        This Act imposes a moratorium, through January 31, 2027, on all applications and permits related to the development of large-scale data centers in this State.
        This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter, whether directly, by amendment to a specific municipality’s charter, or as in this Act, indirectly by a general law.
        Author: Senator Buckson