DE SB159

Counties cannot deny conditional use permits for electrical substations supporting renewable energy projects of 250 MW or greater when located in heavy industrial zones where substations are already an allowed conditional use

Qualifying substations must be proposed for zones that already contain an existing electrical substation rated at 230kv or greater as of August 3, 2023

The law applies retroactively, automatically approving any applications submitted on or after August 3, 2023 that meet the criteria, regardless of any prior county denial

Counties are prohibited from changing zoning classifications or codes to disqualify previously filed conditional use applications for electrical substations

The law sunsets on December 31, 2026, but permits granted or deemed approved before that date remain valid, and pending qualifying applications continue to be governed by the act