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.
HB153 adds a new section to Virginia law governing the local review of new data centers and other “high energy use facilities” (HEUFs), defined as facilities reasonably expected to require 100 megawatts or more of electric power. Before a locality may approve a rezoning, special exception, or special use permit for a new HEUF, it must require the applicant to submit a site assessment addressing, to the extent practicable, the facility’s sound impacts on nearby homes and schools within 500 feet. Localities may also require assessment of effects on water resources, agricultural resources, parks, historic sites, and forestland on or immediately adjacent to the site.
The bill also requires the serving electric utility, where known and practicable, to provide a form identifying substations that will serve the facility and the anticipated transmission voltage needed. Localities must use the submitted assessments to evaluate consistency with the comprehensive plan and compliance with local noise ordinances, zoning provisions, and other applicable laws. The bill expressly preserves the State Corporation Commission’s authority and states that local zoning authority is not limited or superseded. It does not apply to expansions or modifications of already approved sites unless the expansion itself would add 100 megawatts or more.
HB153 amends Title 15.2 of the Code of Virginia by creating a new local land-use review requirement specifically for large data centers and similar high-energy facilities. It affects applicants seeking local zoning approvals for new HEUFs, local governments that process those applications, and electric utilities that may need to provide service-related information. The measure does not transfer regulatory authority from the State Corporation Commission and is written to operate alongside existing zoning and environmental review processes rather than replace them.
Based on the bill text and the absence of recorded committee transcripts or vote data in the provided materials, the overall sentiment appears to be policy-oriented and procedural rather than overtly partisan. The bill’s structure suggests an effort to balance economic development and utility-scale data center siting with local concerns about noise, infrastructure, and environmental impacts. Its express preservation of local zoning authority and SCC jurisdiction indicates an attempt to address stakeholder concerns about regulatory overreach.
The main points of contention likely involve the scope of local control versus the needs of data center development. Localities and nearby residents may favor the required site assessments because they provide more information about noise, water use, agricultural impacts, historic resources, and forestland. By contrast, data center developers and possibly utilities may view the new assessment requirements as an added procedural burden that could slow approvals or increase uncertainty, especially for projects near the 100-megawatt threshold. The bill also draws a boundary around expansions of existing facilities, which may be important to developers seeking to avoid new review requirements.