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Virginia Governor Orders New Data Center Rules and Creates AI Task Force

The executive order seeks to force transparency, shift energy and grid costs to operators, and give local officials new approval powers that will require lawmakers to finish the plan next year.

Overview

  • Gov. Abigail Spanberger signed Executive Order 22 on September 18 establishing a Data Center Accountability Framework and an AI Task Force and banning nondisclosure agreements tied to data center projects.
  • The order requires local public approval for facilities that need more than 25 megawatts of power, ends by-right approvals for large builds, and accelerates reviews of noise and backup-generation operations.
  • It presses operators to use renewable-backed backup power, limits on on-site natural gas generation, and targets to cut emissions from backup generators while offering faster grid access to projects that commit to clean energy.
  • Many provisions take effect only after the Virginia General Assembly acts next year, but the order directs state agencies to begin rulemaking now and to provide model guidance for localities.
  • The move follows a 2026 electricity-consumption tax and a State Corporation Commission ruling that shifted transmission upgrade costs to data centers, and it strengthens local control in places like Loudoun County where a 12-month pause on new builds remains in force.