DOVER – Legislators met Monday afternoon to discuss a bill that would effectively nullify a decision previously made this year by the Sussex County Council to block a proposed substation for a wind farm that would be built off of the Sussex County and Ocean City, Md., coastlines and bring more electricity to the region.
During the Senate Environment, Energy & Transportation Committee Meeting Monday, Senate Bill 159 sponsor Sen. Stephanie Hansen (D-Middletown) specified the intent of the bill, explaining that it seeks to approve a permit for the substation which was voted down by the Sussex County Council 4-1 earlier this year following a public hearing.
The council has been the only government body to deny the permit while others agreed to allow the development, including the Sussex County Planning and Zoning Commission, which unanimously approved the permit following its own public hearing which occurred before the final council meeting. SB 159 was crafted without the input of Sussex County leaders, according to Hansen.
To date, Baltimore-based US Wind has also received approvals from other entities for its proposed substation as required including the state of Delaware and federal entities. Meanwhile, in light of the denial from the Sussex County Council, an appeal has started at the county level and a court case has also ensued which leaders expect to hear about soon. SB 159 has now been added to the list in hopes of finally clearing the way for US Wind to begin construction.
While some who attended the meeting commented publicly in support of the bill and future wind farm developments, others asked legislators to take a step back and remember the importance of local government.
“Home rule should be the rule,” Sen. David Lawson (R-Marydel) said during public comment.
The bill would be the second seen this year that would usurp Sussex County Council’s decision-making powers – the first being Senate Bill 75 which seeks to limit a county’s ability to restrict zoning as it relates to recreational marijuana businesses.
Hansen highlighted the local nature of SB 159 by mentioning that the bill directly impacts Sussex County as it speaks to conditional use permits which don’t exist in New Castle Council and industrial zones which don’t exist in Kent County. While prefacing the conversation for the day, she added that the bill itself was designed to specifically address the Dagsboro substation for the US Wind farm headed for the coast.
The importance at hand is great, Hansen emphasized, highlighting discussions surrounding a soon-to-be shortage of electric from regional electric supplier PJM.
“We do not produce enough electricity to meet our needs. In fact, Delaware produces less energy than any other state in the country and consumes almost 100 times more energy than we produce. This means that most of the electricity that is used by us here in Delaware is generated in other states. Because we do not generate enough electricity to meet our needs, we have to purchase electricity wholesale from our regional grid operator, PJM,” Hansen added.
But the new wind farm, which would bring up to 121 wind turbine generators to the area, wouldn’t entirely solve the problem either.
Maryland would be the direct beneficiary of electric produced at the wind farm with expectations of completed construction as early as 2029 if US Wind can begin soon. Delawareans would receive 150 electric credits, as well as some financial benefits to the state and local fishery operations when applicable.
While some took the moment at hand to talk about the pros and cons of the new wind farm and its substation, others identified “home rule” as the topic at hand with some speaking to what they felt was Sussex County Council’s unreasonable denial while others called the SB 159 an overreach.
“You mentioned specifically this bill has nothing to do with wind, has everything to do with hijacking a lawful act, a county government who made a decision. You don’t like the decision and you’re going to create a law to change that decision,” Sen. Eric Buckson (R-South Dover) said.
Buckson added that he feared the bill could set a precedent for state legislators overturning local land use decisions “because we know better.”
“I represent below the canal and we don’t appreciate that,” he said. “I’m a Delaware Senator when it comes to laws, but I’m a local guy elected locally and I disagree with that type of thinking. I think we should work together.”
Senator Bryant Richardson (R-Seaford) also stepped up to the podium to offer public comment, adding to the alleged track record of Delaware when it comes to changing up the rules for Sussex Countians by citing a 2018 bill that, once signed by former Governor John Carney, nullified a Seaford ordinance designed to increase the workforce in the area that was put in place the year prior.
“The Seaford mayor and council were taking action to spur economic development. We passed our ordinance legally, ethically, publicly and unanimously. ‘I’m not sure why legislators who say they are trying to bring jobs to our state would try to limit us from doing the same thing,’ then Mayor David Genshaw said,” Richardson added.
SB 159 was voted out of committee late Monday evening. Hansen said in a prepared statement that there will be a full floor vote in the Senate next week.
