HB 233 DE

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Passed Legislature

This Act requires regulated utilities to establish a separate rate class for large energy use facilities that mitigates the risk of costs associated with expanding infrastructure and maintaining reliability in the face of growing demand from being shifted to residential, small business, and other electric customers. Wherever possible, the costs of large energy use facilities should be directly assigned to those facilities, and where direct assignment is not possible, the costs should be allocated to the class of large energy use facilities and not to other customer classes. To accomplish this, the Act sets forth minimum requirements for Electric Service Agreements (ESAs) and Transmission Security Agreement (TSAs) to be in place for any large energy use facility. The Commission shall promulgate regulations to implement these agreements. ESAs shall be reviewed and approved by the Commission prior to the interconnection of a large energy use facility and provide a regulatory framework to enable responsible developers of large energy use facilities to enter into agreements to fairly allocate costs among customer classes. The Public Service Commission will consider several factors in determining whether to approve an ESA, including consistency with the Commission’s regulations; whether the ESA and tariff ensure that all costs attributable to the large energy use facility are assigned to the class of large energy use facilities; whether other customers are adequately protected from the risk of paying stranded asset costs; the impact of the large energy use facility on delivering safe, adequate, and reliability electricity; the impact on the State, including the economy, other ratepayers, and environmental impacts; and the viability of the developer of the facility. In combination, the ESAs and the large load tariff shall ensure that, wherever possible, distribution infrastructure investment costs, capacity procurement costs, reliability backstop procurement costs, transmission infrastructure costs, and study costs attributable to a large energy use facility are all directly assigned to that large energy use facility. Where direct assignment is not possible, these costs should be allocated to the class of large energy use customers. The Commission shall develop an “incremental cost test” to measure the revenues and costs from a large energy use facility to ensure that there are not cost shifts to other customers. The Act further establishes interruptability requirements for large energy use facilities to ensure other customers are protected from reliability impacts caused by large energy use facilities. Facilities that construct or cause to be constructed new in state generation may exempt themselves from interruptability. Finally, the Act requires large energy use facilities to contribute to the low income fund and green energy fund at higher rates than other customers and requires large energy use facilities to contribute to renewable portfolio standard costs and qualified fuel cell provider costs. The Act takes effect upon enactment and regulated utilities must file an application to establish rates required under this Act within 180 days of the effective date.

• Frank Burns Democratic · primary
• Russell Huxtable Democratic · primary
• Trey Paradee Democratic · primary
• Melanie Ross Levin Democratic · primary
• Mara Gorman Democratic · primary
• David L. Wilson Republican · primary
• Cyndie Romer Democratic · primary
• Claire Snyder-Hall Democratic · primary
• Nicole Poore Democratic · primary
• David P. Sokola Democratic · primary
• Eric Morrison Democratic · primary
• Spiros Mantzavinos Democratic · primary
• Kerri Evelyn Harris Democratic · primary
• Josue O Ortega Democratic · primary
• Laura V. Sturgeon Democratic · primary
• Ray Seigfried Democratic · primary

1. May 21, 2026 was introduced and adopted in lieu of HB 233 · lower
2. Jun 16, 2026 Amendment HA 1 to HS 1 - Introduced and Placed With Bill · lower
3. Jun 16, 2026 Amendment HA 1 to HA 1 - Introduced and Placed With Bill · lower
4. Jun 16, 2026 Amendment HA 1 to HA 1 - Passed In House by Voice Vote · lower
5. Jun 16, 2026 Roll Call on Motion to Table HS 1 for HB 233 - Defeated by House Vote: 16 YES 20 NO 5 ABSENT · lower
6. Jun 16, 2026 Amendment HA 1 to HS 1 - Passed By House. Votes: 26 YES 3 NO 9 NOT VOTING 3 ABSENT · lower
7. Jun 16, 2026 Amendment HA 2 to HS 1 - Introduced and Placed With Bill · lower
8. Jun 16, 2026 Amendment HA 2 to HS 1 - Stricken in House · lower
9. Jun 16, 2026 Amendment HA 3 to HS 1 - Introduced and Placed With Bill · lower
10. Jun 16, 2026 Amendment HA 3 to HS 1 - Passed By House. Votes: 33 YES 2 NO 2 NOT VOTING 4 ABSENT · lower
11. Jun 16, 2026 Passed By House. Votes: 25 YES 9 NO 2 NOT VOTING 5 ABSENT · lower
12. Jun 16, 2026 Assigned to Environment, Energy & Transportation Committee in Senate · upper
13. Jun 23, 2026 Amendment SA 1 to HS 1 - Introduced and Placed With Bill · lower
14. Jun 29, 2026 Amendment SA 2 to HS 1 - Introduced and Placed With Bill · lower
15. Jun 30, 2026 Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 3 On Its Merits · upper
16. Jun 30, 2026 Amendment SA 1 to HS 1 - Stricken in Senate · upper
17. Jun 30, 2026 Amendment SA 2 to HS 1 - Passed By Senate. Votes: 20 YES 1 NO · upper
18. Jun 30, 2026 Passed By Senate. Votes: 15 YES 6 NO · upper
19. Jul 1, 2026 Passed By House. Votes: 27 YES 8 NO 6 NOT VOTING · lower