Data centers; site assessment, definition of high energy use facility.

Plain English Breakdown

The official source material does not provide specific details on how local governments will enforce these rules in practice.

Data Center Site Assessment Rules

This bill 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 an assessment of how it will affect nearby homes and schools, as well as other local resources.

What This Bill Does

• Defines a 'high energy use facility' (HEUF) as one that needs at least 100 megawatts of electricity from an electric utility providing retail service to the facility.
• Requires applicants to submit a site assessment before getting approval for new HEUFs. This includes checking the sound profile and impact on nearby homes, schools, water resources, agricultural land, parks, historic sites, and forests within 500 feet.
• Electric utilities must provide information about substations and transmission voltage needed for the facility.
• Localities use these assessments to check if they fit with local plans and laws.

Who It Names or Affects

• Applicants seeking approval for new high energy use facilities like data centers
• Local governments reviewing applications for rezoning, special exceptions, or permits
• Electric utilities providing service to the proposed facility

Terms To Know

High Energy Use Facility (HEUF)

A proposed 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.

Site Assessment

An evaluation done by an applicant to check the impact of a new HEUF on nearby areas and resources, including sound profile, water resources, agricultural land, parks, historic sites, and forests within 500 feet.

Limits and Unknowns

• The bill does not apply to expansions or modifications of existing facilities that do not exceed an additional 100 megawatts.
• It is unclear how local governments will enforce these rules in practice.

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 HEUF 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 do 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 was incorporated into SB 94.

Current Bill Text

A BILL 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 proposed 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 HEUF 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.