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HB153 • 2026

Data centers; site assessment, sound profile of the high energy use facility.

An Act to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered 15.2-2209.4, relating to siting of data centers; site assessment; high energy use facility.

Agriculture Education Energy Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Thomas
Last action
2026-04-13
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

The official source material does not specify how the site assessments will be used by local governments to make decisions about fitting with plans or following noise and zoning rules, beyond assessing consistency with policies and compliance with laws.

Data Center Site Assessment Law

This law requires that before a new high energy use facility (HEUF) like a data center can get approval for rezoning, special exceptions, or permits, the applicant must do a site assessment to check sound levels and other environmental impacts.

What This Bill Does

  • Requires localities to ask applicants to perform a site assessment on proposed high energy use facilities before approving any rezoning applications, special exceptions, or special use permits.
  • The site assessment must look at the sound profile of the facility on nearby homes and schools within 500 feet.
  • Localities can also require assessments for water resources, agriculture, parks, historic sites, and forestland near the proposed facility.
  • Electric utilities providing power to the new HEUF must submit information about substations and transmission voltage requirements.

Who It Names or Affects

  • Localities that approve rezoning applications, special exceptions, or permits for high energy use facilities.
  • Applicants seeking to build new data centers or other high energy use facilities.
  • Electric utilities providing power to the proposed facility.

Terms To Know

High Energy Use Facility (HEUF)
A facility that needs at least 100 megawatts of electrical power from an electric utility.
Site Assessment
An evaluation done to check the sound profile and other environmental impacts of a proposed high energy use facility.

Limits and Unknowns

  • The law does not apply if there is already approval for an expansion or modification that doesn't add more than 100 megawatts of power.
  • This bill incorporates HB 511 and is identical to SB 94, which means it includes provisions from other bills.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB153AC

2026-03-13 • Conference

Conference Report

Plain English: The amendment recommends rejecting a Senate proposal and accepting the original House bill regarding data center siting regulations.

  • Rejects the Senate's proposed changes to the bill.
  • Accepts the original version of the House bill.
  • The text does not provide details about what specific aspects of the Senate proposal are being rejected or why.
  • It is unclear from this amendment alone how data centers will be regulated under the final act.

Bill History

  1. 2026-04-13 Governor

    Approved by Governor-Chapter 567 (effective 7/1/2026)

  2. 2026-04-13 Governor

    Approved by Governor-Chapter 567 (effective 7/1/2026)

  3. 2026-04-13 Governor

    Acts of Assembly Chapter text (CHAP0567)

  4. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  5. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-31 House

    Signed by Speaker

  7. 2026-03-31 House

    Enrolled Bill communicated to Governor on March 31, 2026

  8. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  9. 2026-03-30 Senate

    Signed by President

  10. 2026-03-30 House

    Enrolled

  11. 2026-03-30 House

    Bill text as passed House and Senate (HB153ER)

  12. 2026-03-14 House

    Conference report agreed to by House (93-Y 2-N 0-A)

  13. 2026-03-14 Senate

    Conference report agreed to by Senate (29-Y 10-N 0-A)

  14. 2026-03-13 Conference

    Conference Report released

  15. 2026-03-12 Senate

    Senate requested conference committee

  16. 2026-03-12 Senate

    Senate Conferees: Roem, Srinivasan, Stanley

  17. 2026-03-12 Senate

    Conferees appointed by Senate

  18. 2026-03-12 Senate

    Senate insisted on substitute

  19. 2026-03-12 House

    Senate substitute rejected by House (0-Y 98-N 0-A)

  20. 2026-03-12 Senate

    Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

  21. 2026-03-12 House

    House acceded to request

  22. 2026-03-12 House

    Conferees appointed by House

  23. 2026-03-12 House

    House Conferees: Thomas, Convirs-Fowler, Wyatt

  24. 2026-03-11 Senate

    Read third time

  25. 2026-03-11 Senate

    Read third time

  26. 2026-03-11 Senate

    Engrossed by Senate - committee substitute

  27. 2026-03-11 Local Government

    Local Government Substitute agreed to

  28. 2026-03-11 Senate

    Passed Senate with substitute (26-Y 14-N 0-A)

  29. 2026-03-10 Senate

    Rules suspended

  30. 2026-03-10 Senate

    Passed by for the day

  31. 2026-03-10 Senate

    Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

  32. 2026-03-10 Senate

    Passed by for the day Block Vote (Voice Vote)

  33. 2026-03-09 Finance and Appropriations

    Reported from Finance and Appropriations (10-Y 4-N)

  34. 2026-03-02 Local Government

    Reported from Local Government with substitute and rereferred to Finance and Appropriations (13-Y 2-N)

  35. 2026-03-02 Local Government

    Committee substitute printed 26108996D-S1

  36. 2026-01-30 Senate

    Constitutional reading dispensed (on 1st reading)

  37. 2026-01-30 Local Government

    Referred to Committee on Local Government

  38. 2026-01-29 House

    Read third time and passed House (90-Y 7-N 0-A)

  39. 2026-01-28 House

    Engrossed by House - committee substitute

  40. 2026-01-28 House

    Read second time

  41. 2026-01-28 House

    committee substitute agreed to

  42. 2026-01-27 House

    Read first time

  43. 2026-01-23 Counties, Cities and Towns

    Reported from Counties, Cities and Towns with substitute (17-Y 2-N)

  44. 2026-01-23 House

    Incorporates HB511 (McAuliff)

  45. 2026-01-23 Counties, Cities and Towns

    Committee substitute printed 26105995D-H1

  46. 2026-01-22 Subcommittee #2

    Subcommittee recommends reporting with substitute (8-Y 0-N)

  47. 2026-01-22 Subcommittee #2

    House subcommittee offered

  48. 2026-01-20 Subcommittee #2

    Assigned HCCT sub: Subcommittee #2

  49. 2026-01-14 House

    Fiscal Impact statement From CLG (1/14/2026 12:13 pm)

  50. 2026-01-06 House

    Prefiled and ordered printed; Offered 01-14-2026 26101337D

  51. 2026-01-06 Counties, Cities and Towns

    Referred to Committee on Counties, Cities and Towns

Official Summary Text

Siting of data centers; site assessment; high energy use facility.
Provides that, prior to any approval of a rezoning application, special exception application, or special use permit for the siting of a new high energy use facility (HEUF), as defined in the bill, a locality shall require that an applicant perform and submit a site assessment to examine the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. The bill also allows a locality to require that a site assessment examine the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land. The provisions of the bill shall 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 such expansion does not exceed an additional 100 megawatts or more of electrical power. Finally, the bill provides that its provisions shall not be construed to prohibit, limit, or otherwise supersede existing local zoning authority. This bill incorporates HB 511 and is identical to SB 94.

Current Bill Text

Read the full stored bill text
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
, relating to siting of data centers; site assessment; high energy use facility.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered
15.2-2209.4
as follows:
§
15.2-2209.4
. Siting of data centers; site assessment.
A. As used in this section, "high energy use facility" or "HEUF" means a facility that an applicant reasonably anticipates at the time of filing a rezoning application, special exception application, or special use permit application will require 100 megawatts or more of electrical power from an electric utility providing retail service to the facility.
B. Prior to any approval of a rezoning application, special exception, or special use permit for the siting of a new HEUF, a locality shall require that an applicant perform and submit a site assessment to examine, to the extent practicable and within the timeline provided by subdivision A 7 of §
15.2-2286
, the sound profile of the HEUF on residential units and schools located within 500 feet of the HEUF property boundary. A locality may also require that a site assessment examine, to the extent practicable and within the timeline provided by subdivision A 7 of §
15.2-2286
, the effect of the proposed facility on (i) ground and surface water resources, (ii) agricultural resources, (iii) parks, (iv) registered historic sites, and (v) forestland on the HEUF site or immediately contiguous land.
C. Prior to any approval of a rezoning application, special exception, or special use permit for the siting of a new HEUF, a locality shall require that the electric utility providing retail service to the new HEUF, to the extent known and practicable and within the timeline provided by subdivision A 7 of §
15.2-2286
, submit to the locality a form describing (i) any new or existing substations that will be used to serve the HEUF and (ii) the anticipated transmission voltage required to serve the HEUF.
D. Site assessments submitted to a locality under subsections B and C shall be used by the locality to assess consistency with the policies of the locality's comprehensive plan, if any, and compliance with the locality's adopted noise ordinances, zoning ordinance provisions, and other applicable laws and regulations, if any.
E. A locality's site assessment regarding an HEUF shall not be construed to change, replace, or impact any authority or jurisdiction of the State Corporation Commission, or otherwise delegate any of the State Corporation Commission's authority or jurisdiction to any locality.
F. This section shall 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 such expansion does not exceed an additional 100 megawatts or more of electrical power.
G. Nothing in this section shall be construed to prohibit, limit, or otherwise supersede existing local zoning authority.