Governor Abigail Spanberger has unveiled Virginia’s new Data Center Accountability Framework, calling it the most comprehensive and aggressive data center accountability effort in the country.
The announcement comes as debate heats up regarding a proposed data center that would be located on the former Moss 3 site near Cleveland.
According to Spanberger, the framework is designed to give communities transparent information and a voice in local approval, protect Virginians from higher energy bills, and enforce the strongest environmental standards for data centers in the nation.
Spanberger signed Executive Order 22 to immediately implement many of the core pieces of the Data Center Accountability Framework and create Virginia’s new AI Task Force to address growing concerns and risks posed by the rapid development of artificial intelligence — including workforce displacement, data privacy, and cybersecurity.
“In the years before I took office, data centers came to Virginia and the Commonwealth did not have a clear or coordinated plan to address their impacts on Virginians — on their electric bills, their water, their land, their air, or their quality of life,” Spanberger said. “That changes today. I have said many times that Virginia should be leading the nation in setting the highest standards for this industry. And now, I believe we are doing just that.”
Spanberger added, “Virginia’s Data Center Accountability Framework is about delivering a better deal for Virginians and holding data center companies, developers, and operators accountable. The Framework is a thorough plan to end data center secrecy, protect our environment, lower energy costs for families, bolster our clean energy economy, and make sure Virginia workers have the protections and assurances they deserve.”
Spanberger’s framework targets several areas including:
Increase Transparency and End the Secrecy
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 the Nation’s Strongest 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
For one of the leaders in the fight against the Oasis Properties proposed data center at Moss 3, the governor’s executive order does not go far enough.
“It’s the start of something but it’s really not enough to protect these small municipalities from predatory businesses,” said Dr. Amy Branson. “I wish the governor had went ahead and put in a statewide moratorium, but she didn’t.”
Branson stressed that the public and governing bodies need to exercise patience, especially in light of Spanberger’s executive order and the possibility of stronger restrictions being put in place at a later date.
“I don’t want people to make rash decisions and think that they need to rush into these data centers,” Branson said. “These companies are going to try to rush us before the governor puts in more serious writing. This is a huge project and a potential environmental disaster. We have no idea, really, of what we’re doing. Even on a big, global thing they are saying we need to slow down on AI. So why aren’t we listening to that?”
