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SB94 • 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.

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Enacted

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

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

Plain English Breakdown

The candidate explanation included details about electric utilities providing information that were supported by the bill but were slightly expanded upon. These have been narrowed down to match the exact wording and scope from the official source material.

Data Center Site Assessment Law

This law requires that before a new high energy use facility like a data center can get approval for building in an area, the company must do a site assessment to check how it will affect nearby homes and schools.

What This Bill Does

  • Defines 'high energy use facility' (HEUF) as any new facility that needs at least 100 megawatts of electricity from an electric utility.
  • Requires a site assessment for sound profile on residential units and schools within 500 feet before approving rezoning, special exceptions, or special use permits for new HEUFs.
  • Allows localities to require assessments on ground and surface water resources, agricultural land, parks, historic sites, and forestland near the proposed facility.
  • Requires electric utilities to provide information about substations and transmission voltage needed for the new HEUF.

Who It Names or Affects

  • Localities approving rezoning, special exceptions, or special use permits for data centers or other high energy use facilities.
  • Companies planning to build new high energy use facilities in Virginia.

Terms To Know

High Energy Use Facility (HEUF)
A facility that needs at least 100 megawatts of electricity from an electric utility.
Site Assessment
An evaluation done to check the impact a new high energy use facility will have on nearby areas, including sound profile and environmental resources.

Limits and Unknowns

  • The law does not apply if there is already an existing legislative or administrative approval for expansion of an approved facility that doesn't exceed an additional 100 megawatts.
  • Localities can still use their zoning authority as usual, and this new law does not limit it.

Amendments

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

SB94AC

2026-03-13 • Conference

Conference Report

Plain English: The amendment recommends accepting a specific version of an amendment to Senate Bill No. 94, which is related to data center siting and energy use.

  • The amendment suggests adopting a particular House Amendment that addresses the siting of data centers and their high energy usage.
  • The official text does not provide specific details about what changes are included in the recommended House Amendment, making it hard to explain concrete impacts.
SB94ASC1

2026-01-27 • Committee

Local Government Amendment

Plain English: The amendment changes how local governments can approve land use applications for new data centers that are not zoned for industrial use.

  • Adds definitions and clarifications to terms used in the bill.
  • Allows local governments to approve a land use application for a new data center on non-industrial zoned land if it meets certain conditions.
  • The amendment text is incomplete, making some parts unclear or difficult to fully explain.
SB94AS1

2026-01-29 • Committee

Local Government Amendment

Plain English: The amendment proposes to allow local governments to approve land use applications for new data centers on non-industrial zoned land under certain conditions.

  • Adds a provision allowing local government approval of data center siting on non-industrial zoned land if the application is for a new facility, part of a larger development involving adjacent parcels, and includes a shared-energy connection agreement.
  • The amendment text provided is incomplete and does not fully explain all aspects of the proposed changes.
  • It's unclear how this provision will interact with existing zoning laws and regulations.
SB94AS2

2026-02-11 • Member

Senator Roem Amendments

Plain English: The amendment changes when and where local governments can approve land use applications for high energy use facilities (HEUFs), allowing approval only on industrial-zoned land or used for such purpose, with some exceptions.

  • Local government land use applications for siting HEUFs must be approved only if the facility is located on a parcel of land zoned for industrial use or currently used for that purpose.
  • The amendment sets different effective dates: July 1, 2026, and January 1, 2027, depending on the specific wording.
  • Exceptions are made for new HEUFs as part of larger developments with shared-energy agreements.
  • The amendment text is withdrawn but still provided here, which means its current status or future implementation is unclear.

Bill History

  1. 2026-04-13 Governor

    Approved by Governor-Chapter 568 (effective 7/1/2026)

  2. 2026-04-13 Governor

    Approved by Governor-Chapter 568 (effective 7/1/2026)

  3. 2026-04-13 Governor

    Acts of Assembly Chapter text (CHAP0568)

  4. 2026-03-31 Senate

    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 Senate

    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 Senate

    Enrolled

  11. 2026-03-30 Senate

    Bill text as passed Senate and House (SB94ER)

  12. 2026-03-14 House

    Conference report agreed to by House (91-Y 4-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. 2026-03-13 Conference

    Conference Report released

  16. 2026-03-06 House

    Conferees appointed by House

  17. 2026-03-06 House

    House Conferees: Thomas, Convirs-Fowler, Wyatt

  18. 2026-03-04 Senate

    Conferees appointed by Senate

  19. 2026-03-04 Senate

    Senate Conferees: Roem, Srinivasan, Stanley

  20. 2026-03-04 Senate

    Senate acceded to request Block Vote (40-Y 0-N 0-A)

  21. 2026-03-02 House

    House insisted on substitute

  22. 2026-03-02 House

    House requested conference committee

  23. 2026-02-27 Senate

    House substitute rejected by Senate

  24. 2026-02-25 House

    Read third time

  25. 2026-02-25 House

    committee substitute agreed to

  26. 2026-02-25 House

    Engrossed by House - committee substitute

  27. 2026-02-25 House

    Passed House with substitute (80-Y 14-N 0-A)

  28. 2026-02-24 House

    Read second time

  29. 2026-02-20 Counties, Cities and Towns

    Reported from Counties, Cities and Towns with substitute (15-Y 6-N)

  30. 2026-02-20 Counties, Cities and Towns

    Committee substitute printed 26108333D-H1

  31. 2026-02-17 House

    Placed on Calendar

  32. 2026-02-17 Counties, Cities and Towns

    Referred to Committee on Counties, Cities and Towns

  33. 2026-02-17 House

    Read first time

  34. 2026-02-12 Senate

    Read third time and passed Senate (21-Y 18-N 1-A)

  35. 2026-02-11 Senate

    Read second time

  36. 2026-02-11 Senate

    Senator Roem Amendment #1 withdrawn

  37. 2026-02-11 Senate

    Engrossed by Senate - committee substitute as amended (Voice Vote)

  38. 2026-02-11 Senate

    Engrossed by Senate as amended

  39. 2026-02-11 Local Government

    Committee amendments rejected (Voice Vote)

  40. 2026-02-11 Finance and Appropriations

    Finance and Appropriations Substitute agreed to

  41. 2026-02-11 Senate

    Reading of amendment #2 waived (Voice Vote)

  42. 2026-02-11 Senate

    Senator Roem Amendment #2 agreed to (24-Y 16-N 0-A)

  43. 2026-02-11 Senate

    Amendment by Senator agreed to (24-Y 16-N 0-A)

  44. 2026-02-11 Senate

    Engrossed by Senate (Voice Vote)

  45. 2026-02-11 Senate

    Floor offered

  46. 2026-02-11 Senate

    Floor offered

  47. 2026-02-10 Senate

    Read second time

  48. 2026-02-10 Senate

    Passed by for the day

  49. 2026-02-09 Senate

    Read second time

  50. 2026-02-09 Senate

    Passed by for the day

  51. 2026-02-06 Senate

    Read second time

  52. 2026-02-06 Senate

    Passed by for the day

  53. 2026-02-05 Senate

    Read second time

  54. 2026-02-05 Senate

    Passed by for the day

  55. 2026-02-04 Senate

    Rules suspended

  56. 2026-02-04 Senate

    Passed by for the day

  57. 2026-02-04 Senate

    Passed by for the day

  58. 2026-02-04 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  59. 2026-02-04 Senate

    Passed by for the day Block Vote (Voice Vote)

  60. 2026-02-03 Senate

    Incorporates SB130 (Ebbin)

  61. 2026-02-03 Finance and Appropriations

    Reported from Finance and Appropriations with substitute (10-Y 5-N)

  62. 2026-02-03 Finance and Appropriations

    Committee substitute printed 26106623D-S1

  63. 2026-01-27 Local Government

    Senate committee offered

  64. 2026-01-26 Local Government

    Reported from Local Government with amendments and rereferred to Finance and Appropriations (8-Y 5-N 1-A)

  65. 2025-12-31 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26100739D

  66. 2025-12-31 Local Government

    Referred to Committee on Local Government

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 SB 130 and is identical to HB 153.

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.