Virginia Gov. Abigail Spanberger recently unveiled a data center accountability effort through a new framework and signed an executive order to immediately implement many of the core pieces of her Data Center Accountability Framework.
The moves are notable because Virginia is among the leading states in terms of the number of proposed and operating data centers.
Through the Governor’s Executive Order 22, immediate directives to state agencies, and proposed legislation for the 2027 General Assembly session, the Framework will build on the Governor’s previous work and take action on the following priorities:
• Ban non-disclosure agreements for commercial data center projects
• Strengthen local control by eliminating by-right approval and requiring local approval of any data center using more than 25 megawatts of power
• Empower communities with tools to negotiate stronger, community-centered agreements
• End state subsidies for data centers in Virginia’s site development programs
• Remove future large data centers from Virginia’s fast-track permitting process
Enforce Environmental Protections
• Establish strong, transparent, and nation-leading standards for data center energy efficiency, water use, land impacts, and backup generation
• Evaluate cumulative impacts of diesel backup generators and require existing and future facilities to move to cleaner backup power
• Set clear water-use standards for these facilities to lower overall water consumption and improve efficiency of water usage backed by stronger state agency enforcement against violations
• Expedite the new state noise regulations for data centers
Lower Energy Costs for Virginians
• Protect ratepayers by requiring all utilities to allocate a more equitable share of electric transmission and generation costs to data centers and other large load customers
• Prevent speculative projects that tie up land, resources, and energy infrastructure by requiring stronger upfront financial commitments from developers
• Ensure that costs from PJM Interconnection processes to address rising energy demand driven by data centers are allocated to those data centers
Bolster Clean Energy Economy and Grid Reliability
• Protect grid reliability by requiring data centers to meet standards that prevent sudden changes in their electricity demand from destabilizing the grid
• Limit the amount of electricity data centers can generate from on-site natural gas or behind-the-meter gas generation
• Accelerate clean energy deployment by prioritizing grid access for facilities that invest in clean energy, further reduce backup generator emissions, and further limit on-site natural gas generation
• Make it easier for data centers to bring their own clean power, including by reforming utility charges that discourage investment in clean energy
Spanberger on Sept. 18 put many of these directives into action by signing Executive Order 22, including:
• Banning executive branch agencies, departments, boards, commissions, authorities, and any other employees under the Governor’s supervision from entering into or requiring non-disclosure agreements for data center projects
• Creating an initial Data Center Planning and Community Engagement Toolkit for local governments and communities to help localities get a better deal
• Expediting the development of data center noise regulations
• Directing a thorough review of diesel and other backup-generation operations associated with data centers
• Working to direct data center investments in local energy projects that improve energy affordability for Virginians and strengthen Virginia’s grid
• Developing best practices for prioritizing the creation of quality jobs and advancing local workforce opportunities
Virginia’s Artificial Intelligence Task Force, created by Executive Order 22, will be focused on addressing risks posed by the rapid development of artificial intelligence — including workforce displacement, data privacy, and cybersecurity.
"Heading into the 2027 legislative session, the Governor looks forward to working with the General Assembly to write these standards permanently into Virginia law and implement further guardrails outlined in the Framework — making sure that Virginia will continue to lead the way in data center accountability," a news release from the governor's office said.
