Spanberger calls for data center accountability.

Virginia Governor Abigail Spanberger unveiled a comprehensive Data Center Accountability Framework on September 18th, through Executive Order 22. The initiative aims to enhance community involvement in local approvals, safeguard residents from escalating energy costs, and enforce robust environmental protections in response to growing concerns over the data center industry's rapid expansion, secrecy, and impact on resources.

The framework introduces several key policy changes. It eliminates "by-right" approvals for data centers generating over 25 megawatts, a practice currently allowed in certain Fairfax County zoning districts. Furthermore, it bans non-disclosure agreements (NDAs) for commercial projects to ensure greater transparency and mandates "community benefits agreements." The executive order also directs the Office of the Chief Energy Officer to develop a Data Center Planning and Community Engagement Toolkit for local governments within 120 days.

Environmental protections are a cornerstone of the new policies, establishing higher standards for emissions, water usage, noise pollution, and land use, with provisions for retrofitting existing facilities. The Department of Environmental Quality (DEQ) is tasked with prioritizing and expediting data center noise regulations and conducting cumulative-impact reviews of backup-generation operations. Economically, the framework requires data center companies to cover the full cost of infrastructure necessitated by their operations, preventing the burden from falling on Virginia families and small businesses. It also prioritizes grid access for data centers using clean energy and limits on-site natural gas electricity generation.

Addressing workforce development, the framework prioritizes local hiring and training for both construction and long-term employment. It also closes a loophole that allowed future data center projects to utilize Virginia’s fast-tracked permitting process on large business-ready sites. Additionally, Executive Order 22 establishes an AI Task Force, led by Virginia’s Chief Transformation Officer Dave Wilkinson, Counsel to the Governor Matt McGuire, and Secretary of Administration Traci DeShazor, to develop policies and legislative proposals to mitigate risks associated with artificial intelligence, including workforce displacement, data privacy, and cybersecurity. The Virginia House Democratic Caucus expressed support, calling it a "step in the right direction."