Bill of the Day: Responsible Data Center Development

Updated on February 14th, 2025.

Gainesville Data Center_Prince William county

Gainesville Data Center in Prince William county. Photo by Hugh Kenny, Piedmont Environmental Council.

Virginia is home to the largest concentration of data centers in the world with significantly more slated for construction to meet the increasing demand for Artificial Intelligence (AI). This massive industry is continuing to grow rapidly, creating an unprecedented demand for energy to operate. Virginia must take a comprehensive approach to reform the data center industry in order to ensure there is transparency around resources required by this industry, state oversight where needed, protections for ratepayers around the costs of energy build out, and that the industry is incentivized to meet environmental and energy efficiency standards.

Enhanced Transparency of Data Centers

As localities make decisions about siting data centers, they need to have access to full information about impacts to Virginia’s Energy and water supplies. In 2023, Google data centers in Virginia accounted for about 284 million gallons of water used. One data center can consume over 100 MW of energy, the equivalent of the amount of power consumed by 80,000 households. Despite these facts, information about total energy use and water use by the data center industry is not automatically available to decision-makers who manage our water or energy usage. We must ensure that decision-makers for local governments and the public have full information as they consider future data center proposals and monitor existing data centers to enhance statewide planning.

State Oversight of Data Centers

The Commonwealth does not currently have any regulatory oversight of data center development. The state must start playing a larger role in planning for and mitigating the impacts of this explosive industry. Establishing a state-regulatory review process, in addition to existing local review, could help ensure that data center development is happening in a sustainable manner that is sustainable to the Commonwealth as a whole.

Protections for Families and Businesses

Without change, Virginia families and businesses will unfairly bear the costs of data center development. Data centers’ unprecedented energy demand will increase infrastructure costs, which will result in increased energy bills for all ratepayers. The Data Centers in Virginia JLARC report concluded that data centers will nearly triple electricity demand by 2040. We need to prevent households and businesses from shouldering industry risks and subsidizing the billions of dollars in costs associated with the data center industry’s energy infrastructure.

Tax Incentives for Energy Efficiency

Existing state tax incentives attract development but fail to incentivize data center companies to mitigate environmental and community impacts. A revamped tax incentive could encourage data centers to meet higher clean energy and efficiency standards to incentivize best practices that reduce pollution.

You can take a deeper dive into mitigating the impacts of data centers in Our Common Agenda. To learn more, read our “Responsible Data Center Development” policy paper.

Responsible Data Center Development

Data Center Bills to Support in the General Assembly

VCN and our Partners support the following bills that include measures to promote energy-efficient operations, protect local communities, and ensure transparency in the approval and development of new projects:

(Delegate Josh Thomas) Allows a locality to require a site assessment of the impact on surrounding resources by a proposed high-energy use facility. Companion to SB1449.

(Senator Russet Perry) Allows the SCC to examine who is paying for data center energy infrastructure and minimizes unreasonable impact to ratepayers. Companion to HB 2101.

(Senator Adam Ebbin) Allows a locality to require a site assessment of the impact on surrounding resources by a proposed high-energy use facility. Companion to HB 1601.

Extends the sunset date for the sales tax exemption for data centers from 2035 to 2050.

Directs $15 million to Pulaski County for site readiness improvements to help secure up to $3.0 billion in capital investment in the region through the construction of a data center and powerplant in the County.

Reserves state tax incentives for facilities and operators that strive to reduce both air pollution and energy usage.

DEFEATED: SUPPORT HB2027

(Delegate Josh Thomas) Requires customers with energy demand greater than 100 megawatts to obtain a Certificate from the SCC before they are permitted to operate. 

DEFEATED: SUPPORT HB 2035

(Delegate Shelly Simonds) Requires transparency around data centers’ water and energy usage and information be made available through a state-level clearinghouse. Companion to SB 1353.

DEFEATED: SUPPORT HB 2101

(Delegate Michelle Lopes-Maldonado) Allows the SCC to examine who is paying for data center energy infrastructure and minimizes unreasonable impact to ratepayers. Companion to SB 960.

DEFEATED: SUPPORT HB 2578

(Delegate Rip Sullivan) Reserves state tax incentives for facilities and operators that strive to reduce both air pollution and energy usage. Companion to SB 1196.

DEFEATED: SUPPORT SB 1196

(Senator Creigh Deeds) Reserves state tax incentives for facilities and operators that strive to reduce both air pollution and energy usage. Companion to HB 2578.

DEFEATED: SUPPORT SB 1353

(Senator Kannan Srinivasan) Requires transparency around data centers’ energy usage information to be made available through a state-level clearinghouse. Companion to HB 2035.

Take Action

A few bills to ensure responsible data center development have crossed over and are on their way to becoming law.

Follow data center bills’ progress and learn more about ongoing efforts year-round on our Data Centers issue page.

See our Data Centers Issue Hub