SB336 • 2026

Tier 2 emergency generators; SCC shall evaluate impact of requiring data centers to limit use, etc.

A BILL to direct the State Air Pollution Control Board to amend its regulations regarding the use of data center emergency generators.

Enacted

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

Sponsor: Roem
Last action: 2026-03-06
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The official source material does not provide details on the exact nature of the environmental and financial impacts or specific changes based on findings.

Evaluating Data Center Generator Use

This bill directs the State Corporation Commission to study the impact of limiting Tier 2 generators at data centers and prioritizing the use of cleaner Tier 4 or better generators.

What This Bill Does

The bill instructs the State Corporation Commission to evaluate the environmental and financial impacts of requiring data centers to limit their use of Tier 2 generators and prioritize using Tier 4 equivalent or better generators.
It requires the commission to assess the feasibility of retrofitting at least 20% of Tier 2 generator fleets annually for five years until all are as clean as Tier 4 generators.
The bill also asks the commission to review best practices from other states and industries regarding generator use.

Who It Names or Affects

Data center companies that use emergency generators
The State Corporation Commission

Terms To Know

Tier 2 generators: Older types of backup power systems used by data centers.
Tier 4 equivalent or better generators: Newer, cleaner types of backup power systems that produce less pollution than Tier 2 generators.

Limits and Unknowns

The bill does not specify how the use of Tier 2 generators should be limited.
It is unclear what specific changes will result from the commission's findings and report.

Bill History

2026-03-06 Rules
Continued to 2027 in Rules (Voice Vote)
2026-03-02 Studies Subcommittee
Subcommittee recommends continuing to 2027 (Voice Vote)
2026-03-01 Studies Subcommittee
Assigned HRUL sub: Studies Subcommittee
2026-02-18 House
Placed on Calendar
2026-02-18 House
Read first time
2026-02-18 Rules
Referred to Committee on Rules
2026-02-13 Senate
Read third time and passed Senate (38-Y 0-N 1-A)
2026-02-12 Senate
Read second time
2026-02-12 Senate
Engrossed by Senate - committee substitute (Voice Vote)
2026-02-12 Agriculture, Conservation and Natural Resources
Committee substitute rejected (Voice Vote)
2026-02-12 Finance and Appropriations
Committee substitute agreed to (Voice Vote)
2026-02-12 Senate
Engrossed by Senate (Voice Vote)
2026-02-11 Senate
Rules suspended
2026-02-11 Senate
Passed by for the day
2026-02-11 Finance and Appropriations
Committee substitute printed 26107623D-S2
2026-02-11 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
2026-02-11 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-10 Finance and Appropriations
Reported from Finance and Appropriations with substitute (15-Y 0-N)
2026-02-06 Agriculture, Conservation and Natural Resources
Committee substitute printed 26107163D-S1
2026-02-05 Senate
Senate committee offered
2026-02-03 Agriculture, Conservation and Natural Resources
Reported from Agriculture, Conservation and Natural Resources with substitute and rereferred to Finance and Appropriations (7-Y 5-N 1-A)
2026-02-03 Senate
Senate committee offered
2026-01-13 Senate
Prefiled and ordered printed; Offered 01-14-2026 26103994D
2026-01-13 Agriculture, Conservation and Natural Resources
Referred to Committee on Agriculture, Conservation and Natural Resources

Official Summary Text

State Corporation Commission; data center generators.
Directs the State Corporation Commission to evaluate the impact of requiring data centers to limit the use of Tier 2 generators and prioritize the use of Tier 4 equivalent or better generators. The bill requires the Commission to submit a report on any findings to the Chairs of the Senate Committees on Finance and Appropriations and Agriculture, Conservation and Natural Resources and the House Committees on Appropriations and Agriculture, Chesapeake and Natural Resources no later than October 15, 2026.

Current Bill Text

Read the full stored bill text

SENATE BILL NO. 336

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee on Finance and Appropriations

on February 10, 2026)

(Patron Prior to Substitute--Senator Roem)

A BILL to direct the State Corporation Commission to evaluate the impact of requiring data centers to limit the use of Tier 2 generators and prioritize the use of Tier 4 equivalent or better generators.

Be it enacted by the General Assembly of Virginia:

1.
§ 1.
That the State Corporation Commission
(the Commission)
shall
evaluate the impact of
requiring data centers
to limit the use of Ti
er 2 generators and prioritize the use of Tier 4 equivalent or better generators
. In conducting the evaluation, the Commission shall consider (i)
the environmental and fiscal impact of limiting the use of Tier 2 generators
at data centers
to sudden and unforeseeable outage events that do not include plann
ed outage events; (ii)
the feasibility of requiring data centers to annually retrofit at least 20 percent of
their
Tier 2 generator fleet to be equal to or less than the emissions of a
Tier
4 equivalent or better generator, for five years or until 100 percent of the fle
et's emissions are equal to or less than the emissions of a Tier 4 equivalent or better generator; (iii)
best practices employed in other states
for the regulation of the use of generators at data centers;
and
(iv) a
survey of the regulation of the use of generators across other industries and entities in the Commonwealth, including medical centers and public institutions of higher education
owned or operated by the Commonwealth.

The Commission shall submit a report on any findings to the Chairs of the Senate Committees on Finance and Appropriations and
Agriculture, Conservation and Natural Resources
and the House Committees on Appropriations and
Agriculture, Chesapeake and Natural Resources
no later than
October 15
, 2026.