Tag Archives: budget

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Amid budget battle, legislators pass the buck on concrete data center reforms. Again.

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Monument in front of general Assembly Building in Richmond, VA.

Oh yay, another commission.

Leaders in the House of Delegates are continuing to tweak their version of a state budget, but they aren’t backing down from their fight with the Senate over data centers. What they are backing down from is their former insistence that data centers use clean energy. Instead, they propose to punt this and every other data center issue over to a commission. 

Is that supposed to resolve the budget impasse? Because if that’s the idea, it sure seems like an odd way to go about it.

Recall that Senate Finance Chair Louise Lucas, D-Portsmouth, wants to terminate the sales tax exemption that data centers have exploited to the tune of $1.6 billion lost from state coffers. (The total subsidy rises to $1.9 if you include the exemption from local taxes, but what’s a few hundred million bucks among friends?) 

The tax isn’t something specific to data centers. It’s the same one all the rest of us pay. The argument that there are better ways to spend the money than to give it away to the world’s richest corporations has reaffirmed  Lucas as a bonafide social media star at age 82, and she is enjoying it very much.

In response to the new House budget proposal, Lucas tweeted out a tweak of her own: She now proposes to subject data centers to a nearly-equivalent fee that would generate $1.7 billion in revenue. Lucas and allies have launched a “listening tour” to build support for her approach. 

But the House budget does not eliminate the exemption, leaving the two sides at an impasse. 

The House is set to reconvene on June 18, and the Senate on June 22. The chambers will attempt to resolve their differences and adopt a budget before July 1 to avoid a government shutdown. 

House leaders argue that data center operators relied on this tax exemption when they chose to locate in Virginia. They signed memorandums of understanding agreeing to a few minor conditions, and in return they were promised they wouldn’t have to pay sales tax on computer chips and other equipment until 2035. (In the case of Amazon and any other corporation that sinks $50 billion into data centers in Virginia, the date has been extended out to 2045.)

But the House budget proposal originally incorporated provisions drawn from legislation introduced by Del. Rip Sullivan, D-Fairfax, requiring data centers that take advantage of the tax exemption to buy increasing percentages of renewable energy, refrain from using onsite fossil fuels as their primary energy source, and begin phasing out the backup diesel generators that threaten air quality. The bill passed the House but died in the Senate around the same time Lucas decided there shouldn’t be a tax exemption at all. 

The disagreement left Virginia without a budget for the new year. Now suddenly the House has issued a new proposal that has the support of Gov. Abigail Spanberger. Instead of resolving the impasse, though, it actually goes backwards on regulating data centers.

 It still leaves the tax exemption intact, but now “includes explicit direction for the establishment of a Commission to thoroughly evaluate the direct and indirect costs and benefits of the data center industry.” The commission is to issue a report and recommendations for legislative and budgetary changes, which the General Assembly will then consider next year. 

Are you feeling a little prickle of déjà vu? That’s because we have seen this before, and not very long ago. In December 2023, the General Assembly headed off action for all of 2024 by directing the Joint Legislative Audit and Review Commission (JLARC) to assess the impact of the industry on energy demand, state revenue, natural resources – essentially, the same things this year’s commission is supposed to look at all over again. 

You remember the JLARC report. It sounded a dire warning against the consequences of “unconstrained” data center demand. The report made a stir in December of 2024 when it was issued. Statements were released, proposals were floated. 

And thus warned, the General Assembly went into the 2025 session and did . . . nothing.

Doing nothing pretty much described 2026 legislative action on data centers as well. Among the few reforms House and Senate Democrats seemed to agree on were that data centers needed to buy renewable energy and storage to limit the increase in Virginia’s carbon emissions and to decrease the pollution from diesel generators. The House did this by way of Sullivan’s bill; the Senate supported a different approach. Each chamber killed the other’s bill. 

That left the House budget as the only vehicle for progress this year on one of the central problems of the data center buildout. By backtracking now, House leaders and the governor show they are willing to capitulate entirely to the data center industry and its labor allies.

To be sure, a budget amendment this year that puts conditions on tax exemptions in future years would need to be followed with new legislation to lock in the requirements. And for that purpose, House and Senate members should definitely work together this summer to align their proposals, ensuring both chambers agree on the terms of the legislation before it is introduced. 

A commission with that task could be useful. After all, the Commission on Electric Utility Regulation, now rebranded as the Energy Commission of Virginia, succeeded in bringing together House and Senate members around a striking number of good energy bills this year. 

But a commission that is thrown together suddenly and instructed to retrace the steps of a report issued barely 18 months ago seems suspiciously like a substitute for action. 

This is all too familiar. When it comes to data centers, inaction seems to be the point.

This article was originally published in the Virginia Mercury on June 16, 2026.

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As legislators battle over treatment of data centers in the budget, the rest of this year’s energy and data center bills get finalized

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Virginia's capitol building in Richmond.

One of the things I like about involving myself in Virginia policy-making is the feeling that it’s possible for an ordinary citizen to participate. Sure, you’re a little fish in a big pond, but legislators will meet with you, and even listen if you propose a bill or suggest changes to legislation. That’s unlike trying to be heard at the federal level, where folks without money and connections typically have no entrée. 

But sometimes, even in Virginia, you do what you can and then you just have to wait to see what the big fish do. Some things, my friends, are out of our hands.

That’s the situation now with the Virginia budget, which is hung up on the question of whether to end the data center sales tax exemption and thereby liberate $1.6 billion for other priorities, as the Senate budget provides, or continue the exemption while conditioning it on data centers meeting energy efficiency and clean energy targets, as the House budget provides. 

Gov. Abigail Spanberger is caught in the middle of a battle being fought by formidable generals on both sides and from her own party. Spanberger’s pro-business instincts naturally align her with the House approach, which would also bolster her environmental bona fides if the deal includes the clean energy conditions. But mainly, I suspect, she just wants this fight over with. 

Can Spanberger negotiate a resolution that keeps the promises made to operators of existing data centers, caps the exemption for future development and imposes clean energy requirements on all of them, while providing at least some savings? 

It’s a big challenge, and we little fish don’t have much of a role here. Yet a lot rides on the outcome, not just for data centers but for those of us who care about livable communities, climate and clean air. (Which ought to be everyone, but somehow isn’t.)

Apart from whatever happens with the budget, this was a good year for clean energy but a surprisingly poor year for data center legislation. A Democratic trifecta, concerns about rising utility rates and public sentiment mostly opposed to data center sprawl were not enough to pass bills mandating limits on water use, stricter pollution controls and stronger siting standards. 

On the other hand, it was another good year for Dominion Energy. Witness what happened when the governor proposed amendments to Louise Lucas’s Senate Bill 253 and Destiny LeVere Bolling’s House Bill 1393. As passed by the General Assembly, the legislation expanded Dominion’s ability to stick ratepayers with the cost of an expensive program for putting distribution lines underground. Spanberger proposed limits on that program’s ratepayer impacts, but then she went further. In a whole new paragraph, she proposed to cap Dominion’s return on equity at 9.3% (down from the current 9.8%), with excess profits to be returned to ratepayers. 

This would have saved millions of dollars for ratepayers, but the General Assembly turned down the changes, supporting Dominion’s ability to charge ratepayers for its undergrounding program and protecting its profitability. The amendments were rejected by voice vote, because who wants to go on record with something like that? 

However, legislators did accept other amendments from the governor requiring the SCC to exercise stricter scrutiny of costs associated with data centers to ensure they are not borne by other ratepayers, including residents. Lucas had put something like this in her bill, but legislators recognized that the governor’s language was better. 

With some amendments agreed to and others rejected, SB253 and HB1393 are now back with the governor, who will have to either accept the General Assembly’s version or veto them outright. 

Other data center bills

Apart from SB 253/HB 1393 and the proposed budget amendments, only a few new laws will impact data center development. Most important among these is one allowing utilities to delay providing service to customers when necessary for grid reliability or to avoid exceeding capacity constraints. Other legislation requires utilities to developdemand flexibility programs for data centers, but such programs would be voluntary. 

In an effort to limit the potential for overbuilding infrastructure, Dominion will now be required to provide information allowing the SCC to investigate the utility’s electric load forecasting. The General Assembly accepted an amendment from the governor increasing access to information used in making forecasts.

Residents impacted by data center development won very little in the way of protections. Localities will now have to require data centers to conduct site assessments before they can get special use permits or in rezoning. The Department of Environmental Quality will be prohibited from issuing air permits for diesel generators that don’t meet a Tier 4 equivalent standard for pollution controls, and beginning July 1, 2027, data centers will be required to report their water use. In addition, the Department of Energy will lead efforts to find ways to use the waste heat from data centers.

Renewable energy and storage

The General Assembly passed contentious solar siting legislation that raises standards while requiring localities that reject projects to report their reasons to the SCC. The governor’s minor amendments were accepted; they include a cross-reference to other legislation defining agrivoltaics.

The governor signed legislation significantly increasing the amount of storage Dominion and APCo are required to procure, and adding new targets for long-duration storage (over 10 hours). A separate bill requires Dominion to model economic dispatch scenarios for storage in its IRPs.

An energy storage facility that is co-located with a solar farm that already has an approved special exception will not be required to go through a new permitting process. Legislators acceded to the governor’s amendment limiting the capacity of the storage facility to 100% of the nameplate capacity of the solar facility. 

Shared solar, a/k/a community solar, is set to expand significantly under bills approved for Dominion and APCoterritories. While the existing program in Dominion territory has so far benefited only low-income customers, the legislation requires that the expanded program enroll nearly as many non-low-income customers.

Though most of the renewable energy action this year has been around solar, the governor also approved legislation establishing an offshore wind industry workforce program. 

Distributed resources

The percentage of renewable energy certificates that Dominion must obtain from projects below 1 MW is set to increase. The 50-kW minimum for power purchase agreements (PPAs) will no longer apply, allowing residents and small commercial customers to use solar or wind PPAs.    

Standby charges for net-metered solar can now be assessed only above 20 kW for residential projects in Dominion territory. (In 2020, the VCEA removed them entirely in Appalachian Power territory.)

Balcony solar, also called plug-in solar, will become legal, with no local permit or utility approval required. The legislation provides for a maximum output from the solar panels of 1200 kW. The SCC will develop a notification form that the customer must provide to the utility.

Localities can now require solar canopies to be included on some new parking lots.

Appalachian Power must develop a virtual power plant (VPP) program, following similar legislation last year for Dominion. Separate legislation authorizes VPP programs for electric cooperatives.

By July 1, 2028, localities must adopt streamlined permitting software for residential solar, which can be an existing platform like the national SolarAPP+ or a Virginia-specific platform to be developed by Virginia’s Department of Energy. 

A consumer protection bill requires solar companies to provide a set of disclosures to residential customers in an effort to eliminate predatory practices.

A distributed energy resources task force will meet to discuss additional ways to support distributed solar and storage. The governor amended this bill mainly to specify that the task force will be chaired by the Chief Energy Officer, which the House and Senate concurred with. In March the governor appointed Southern Environmental Law Center attorney Josephus Allmond to this new cabinet position, a move applauded by distributed energy advocates.

Finance

Most proposed grant funds for renewable energy did not survive their voyages to the Finance and Appropriations committees, but two avoided the shoals and have now been approved by the governor. One is a new clean energy innovation bank and fund. The other is a one-year, $2 million grant fund to defray solar interconnection costs incurred by public bodies. 

Utility regulation

The governor approved the General Assembly’s overhaul of the utility planning process. Among the changes, Appalachian Power will once again have to submit integrated resource plans (IRPs) to the State Corporation Commission, all IRPs will use a 20-year planning period instead of 15 years, and both utilities must align their IRPs more closely with the VCEA. 

Also approved was a bill requiring the SCC to consider and make recommendations on proposals concerning performance-based regulation of utilities.  

Dominion and APCo will now have to submit annual reports to the SCC disclosing their votes at regional transmission organization PJM and explaining how these votes are in the public interest. The utilities’ votes were previously secret. Rising electricity rates due to data center demand and PJM’s failure to move on renewable energy projects awaiting interconnection have triggered suspicions that the utilities with voting power at PJM might be acting – ahem – other than in their customers’ best interests. 

Of course, the move that will most affect the plans of utilities and other power generators is Virginia’s return to the Regional Greenhouse Gas Initiative, required now by statute. The timeline and procedure is laid out in the budget, but the administration hasn’t waited for that to be finalized. A statement from RGGI welcoming Virginia back into its fold says our participation will be in effect in time for this September’s carbon auction.

Grid optimization

The governor proposed, and legislators agreed to, a disappointing amendment to a bill requiring Dominion and APCo to assess their surplus interconnection capacities and establish pilot programs to add solar and storage at these connection points. The General Assembly had set hard targets for the pilot programs, subject to SCC approval; the amendment loosens the targets with the addition of the phrase “up to” those amounts. This further weakens a bill that was already a skinny version of its original handsome self. 

Finally, Dominion and APCo will need to report grid utilization metrics to the SCC, which will use that data to report on the potential for increased grid utilization using non-wires alternatives.

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Republicans find new way to stop McAuliffe moving forward on Clean Power Plan

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Must not be a Virginia Republican. Photo courtesy of Glen Besa.

Must not be a Virginia Republican. Photo courtesy of Glen Besa.

Virginia Republicans have found a new way to obstruct development of a state plan implementing the federal Clean Power Plan: take away funding for it. A line inserted by House Republicans in the state budget will prevent the Department of Environmental Quality from using any funds “to prepare or submit” a state implementation plan unless the U.S. Supreme Court’s stay of the Clean Power Plan is released.

Governor McAuliffe is fighting back, but the approach he has taken is expected to fail in the face of Republican majorities in the House and Senate. He has responded by offering an amendment to the budget item, removing “prepare or” from the Republicans’ budget amendment. The result would retain the prohibition on submitting a state plan while the Supreme Court’s stay is in effect (a harmless prohibition since EPA won’t accept them for now anyway), but allows DEQ to continue developing the state plan.

McAuliffe’s amendment accords with his support for the Clean Power Plan and his pledge to continue development of an implementation plan even while the EPA rule is in limbo. He has already vetoed Republican-backed bills that would have required DEQ to submit any implementation plan to the General Assembly for approval before sending it to the EPA. These vetoes can only be overridden by a two-thirds majority, and Republicans don’t have the numbers.

But the budget amendment is doomed to fail. A governor’s budget amendment can be defeated by a simple majority vote. House Republicans are expected to vote in lock step to reject the amendment when the General Assembly reconvenes April 20.

Environmental groups had expected the governor to use a line-item veto to strip out the offending language. Doing so would have meant the Republicans couldn’t muster a two-thirds majority to overcome the veto. We’re told McAuliffe changed his approach on the advice of attorneys who felt a line-item veto invited a constitutional challenge. The result, though, is a loss for the Governor.

Worse, it means Virginia will lose time in crafting a plan to diversify and de-carbonize our electricity grid. As a coastal state on the front lines of sea level rise, Virginia has more to lose than almost any other state from our fossil fuel addiction. And for Virginia, compliance with the Clean Power Plan is so easy that it’s hard to listen to Republicans fuss without picturing tempests in teapots.

Obviously, Republican opposition to a plan to cut carbon is neither more nor less than an act of spite aimed at President Obama. But what have they gained with this maneuver? At most it’s a “win” for an old energy model built on obsolete coal plants owned by bankrupt corporations that have laid off thousands of workers and cut the benefits of retired miners while lavishing campaign cash on legislators and paying millions of dollars in executive bonuses. That’s not the kind of win you put on campaign posters.

The Sierra Club and other climate activists plan to call out the House Republican leadership for their budget maneuver with a rally at the Capitol at 10 a.m. on April 20, during the veto session. The event, fittingly, is called “Turn Up the Heat in the House.”