Siting of Data Centers; Site Assessment; High Energy Use Facility - Virginia HB1601

Summary

The bill would enable a locality to require a site assessment to examine the effect of the proposed high energy use facility (HEUF) facility, including data centers, on water, agricultural resources, parks, registered historic sites, and forestland on the HEUF site or immediately contiguous land. Moreover, prior to any approval of a rezoning application, special exception, or special use permit for the siting of a new HEUF, the bill would require a locality seek a report from the electric utility providing retail service to the new HEUF describing (i) any new electric generating units that will be required within the jurisdiction to serve the project, (ii) any new or existing substations that will be used to serve the HEUF, and (iii) the anticipated transmission voltage required to serve the HEUF.

This law would not apply to a site with an existing legislative or administrative approval where an applicant is seeking an expansion or modification of an already existing or approved facility, and the expansion does not exceed an additional 100 megawatts or more of electrical power. The bill does not prohibit, limit, or supersede existing local zoning authority.

Updates

January 3, 2025. Introduced and referred to the House Committee on Cities and Towns

January 23, 2025. Passes House by a vote of 57 to 40.

January 24, 2025. Referred to Senate Committee on Local Government.